Course Outline
Course Name: Provincial Offences (PLBA 2002)
Academic Period: 2024 - 2025
Faculty:
Faculty Availability:
Associate Dean:
James Cullin
james.cullin@humber.ca
Schedule Type Code:
Land Acknowledgement
Humber College is located within the traditional and treaty lands of the Mississaugas of the Credit. Known as Adoobiigok [A-doe-bee-goke], the “Place of the Alders” in Michi Saagiig [Mi-Chee Saw-Geeg] language, the region is uniquely situated along Humber River Watershed, which historically provided an integral connection for Anishinaabe [Ah-nish-nah-bay], Haudenosaunee [Hoeden-no-shownee], and Wendat [Wine-Dot] peoples between the Ontario Lakeshore and the Lake Simcoe/Georgian Bay regions. Now home to people of numerous nations, Adoobiigok continues to provide a vital source of interconnection for all.
Equity, Diversity and Inclusion Statement
Humber College and the University of Guelph-Humber (Humber) are leaders in providing a learning, working and living environment that recognizes and values equity, diversity and inclusion in all its programs and services. Humber commits to reflect the diversity of the communities the College serves. Students, faculty, support and administrative staff feel a sense of belonging and have opportunities to be their authentic selves.
| Faculty or Department | Longo Faculty of Business |
|---|---|
| Program(s) |
Paralegal Studies, Bachelor of (PL411)
|
| Course Name: | Provincial Offences (PLBA 2002) |
| Pre-Requisites | none |
| Co-Requisites | none |
| Pre-Requisites for | Criminal Summary Conviction Procedure (PLBA 4000) |
| Equates | none |
| Restrictions | none |
| Credit Value | 3 |
| Total Course Hours | 42 |
| Developed By: | Prepared By: | Approved by: | |
|---|---|---|---|
| Rick Libman | James Cullin |
Humber Learning Outcomes (HLOs) in this course.
The HLOs are a cross-institutional learning outcomes strategy aimed at equipping Humber graduates with the employability skills, mindsets, and values they need to succeed in the future of work. To explore all the HLOs, please consult the Humber Learning Outcomes framework.
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Critical Thinking -
Communication -
Professionalism
Course Description
This course examines the provincial offences procedural code governing the prosecution and defence of provincial offences in Ontario. Students examine the rationale for the development of this distinct process for dealing with offences that are primarily regulatory in nature but that can result in imprisonment or loss of livelihood for offenders. A comparison is made of the certificate of offence and information and parking infraction processes under the Provincial Offences Act, including their documentary and informational requirements. Strategies are developed for effectively advancing the prosecution or defence position at pre-trial disclosure, at motion hearings and at trial. Evidentiary, procedural and advocacy issues are examined and solutions sought in the context of case studies, court observation reports and simulated trials. Substantive issues are canvassed by exploring the elements and specific defences of major offences under the Highway Traffic Act, the Liquor Licence Act, the Trespass to Property Act and the Environmental Protection Act. In the sentencing process, students analyze the relevant mitigating and aggravating factors and the availability of court discretion in imposing sentence.
Course Rationale
This course provides a practical understanding and application of competencies required of Provincial Offences legal services providers
Program Outcomes Emphasized in this Course
Paralegal Studies, Bachelor of (PL411)
Explain the relationship between a wide range of legal concepts, values, principles, and rules of law related to paralegal practice within the Canadian legal system.
Outline relevant philosophical, historical, political, social, cultural, economic, and ethical contexts in which law operates.
Define legal terminology accurately and give appropriate, current examples of their use.
Research relevant information from a wide range of professional texts and legal data bases using sophisticated search methods and standard techniques of legal interpretation.
Use of methods of negotiation and advocacy in order to advance a client’s legal position in a contentious context.
Solve complex legal problems through selection of appropriate legal remedies for substantive issues and the related legal and procedural issues.
Develop a cogent legal argument based on an organized body of relevant facts verified through corroborating sources.
Present legal issues and solutions in client-centered plain language.
Summarize the issues and arguments in a range of complex law cases.
Write a range of polished documents used in paralegal practice with accuracy, clarity, conciseness and organization.
Evaluate issues to determine whether a case falls within the paralegal scope of practice and where appropriate, seek support and/or refer the case to a lawyer.
Contribute effectively and professionally in a team environment to complete required tasks within set deadlines.
Accreditation Standards
239 Demonstartes an understanding of the difference between criminal ffences and provincial offences.
240 Demonstrates an understanding of provincial offences procedure (eg., Provincial Offences Act, Courts of Justice Act).
241 Demonstrates an understanding of the role of the police, Crown, provincial offences officers and defendant in the provincial offences system.
242 Demonstrates an understanding of investigatory powers (eg., search and seizure, investigation, questioning of suspects).
243 Demonstrates an understanding of the classification of offences (eg., mens rea, absolute liability, strict liability).
244 Demonstrates an understanding of the types of matters that are heard before the Provincial Offences Court (eg., Highway Traffic Act, Compulsory Automobile Insurance Act, Liquor Licence Act, Environmental Protection Act, Occupational Health and Safety Act, Trespass to Property Act, Blind Person's Rights Act, Charter, municipal by-laws).
245 Demonstrates an understanding of different procedural streams and charging documents (eg., under Parts I, II and III of Provincial Offences Act).
246 Demonstrates an understanding of judicial interim release/bail.
247 Demonstrates an understanding of disclosure obligations (eg., by the Crown, third parties and defence counsel).
248 Demonstrates an understanding of the provincial offences trial process (eg., pre-hearing conference, pretrial motions and applications, trial proper).
249 Demonstrates an understanding of Charter applications (eg., s.11(b)).
250 Demonstrates an understanding of pleas (eg., voluntary, informed, consequences).
251 Demonstrates an understanding of the types of evidence presented at a provincial offences hearing.
252 Demonstrates an understanding of compelling witnesses.
253 Demonstrates an understanding of common offences under the Highway Traffic Act (eg., speeding, failing to stop, making an improper turn, following too closely, careless driving, failing to report, failing to remain, seatblet violations).
254 Demonstrates an understanding of available defences under the Highway Traffic Act (eg., procedural and substantive).
255 Demonstrates an understanding of sentencing (eg., purpose and objectives, principles of senetncing, sentencing powers and restrictions).
256 Demonstrates an understanding of appeal rights.
Course Learning Method(s)
- Collaborative Learning
- Lecture
Course Learning Outcomes (CLO)
| Learning Outcome | Learning Objectives | Summative Assessments | Formative Assessments |
|---|---|---|---|
| Analyze legal concepts related to provincial offences within the scope of paralegal practice |
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| Analyze legal terminology associated with paralegal practice for provincial offences within the scope of paralegal practice |
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| Apply knowledge of rules of law to advocating and negotiation on behalf of parties in provincial offences case within the scope of paralegal practice |
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| Analyze provincial offences procedural and substantive requirements within the scope of paralegal practice |
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| Analyze legal argument in relation to provincial offences practice within available procedural and substantive outcomes |
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| Analyze legal issues and arguments in provincial offences cases within available procedural and substantive outcomes |
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| Analyze contexts in which provincial offences exist and may be enacted within the scope of paralegal practice |
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| Analyze relevant legal information for provincial offences within legal databases and research resources |
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| Articulate legal argument in relation to provincial offences practice within available procedural and substantive outcomes |
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| Compile written arguments and submissions within available procedural and substantive outcomes |
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| Analyze legal concepts related to provincial offences within the scope of paralegal practice |
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| Arrange legal argument in relation to provincial offences practice within the scope of paralegal practice |
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Assessment Weighting
| Assessment | Weight |
|---|---|
| Case Study | |
| individual assignments | 25% |
| Final Exam | |
| Final-exam | 25% |
| Midterm Exam | |
| mid-term exam | 20% |
| Discussions | |
| In Class Exercises (Quiz/Reflections) | 15% |
| Presentation | |
| Group presentation | 15% |
| Analysis | |
| individual assignments | 0% |
| Total | 100% |
Modules of Study
| Module | Course Learning Outcomes | Resources | Assessments |
|---|---|---|---|
| Statutory History and Purpose of the Provincial Offences Act LSOC 239, 240, 241, 244 |
|
Chapters 1 & 2, Allen & Libman, Introduction, Segal and Libman |
|
| Types of Offences LSOC 243, 244, 245 |
|
Chapter 4, Allen & Libman |
|
| Certificate of Offence (Part 1) Proceedings LSOC 240, 245 |
|
Chapter 3, Allen & Libman, Parts I, II, III Segal and Libman |
|
| Procedural and Substantive Defences to Provincial Offences LSOC 242, 243, 248, 253, 254 |
|
Chapters 5-9, Allen & Libman |
|
| Procedural and Substantive Defences continued... LSOC 243, 248, 253, 254 |
|
Chapters 5-9, Allen & Libman |
|
| Preparing a Case for Trial LSOC 245, 246, 247, 248, 249, 251, 252 |
|
Chapter 3, Allen & Libman |
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| Mid-term Examination LSOC 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 251, 252, 253, 254 |
|
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| Trial Process LSOC 247, 248, 249, 251, 252, 253, 254 |
|
Chapter 10, Allen & Libman, Part IV Segal & Libman |
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| Trial Process continued... LSOC 247, 248, 249, 251, 252, 253, 254 |
|
Chapter 10, Allen & Libman, Part IV Segal & Libman |
|
| The Highway Traffic Act LSOC 244, 251, 253, 254 |
|
Selected readings, Highway Traffic Act |
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| The Environmental Protection Act LSOC 244, 251 |
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Selected readings, Ontario Provincial Statutes |
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| Simulated Trial LSOC 248, 249, 251, 252, 253, 254 |
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| Sentence Process LSOC 250,255, 256 |
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Chapter 11, Allen & Libman, Part IV Segal & Libman |
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| Final Examination LSOC 244, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256 |
|
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Required Resources
| Title | ISBN |
|---|---|
|
Segal, M., & Libman, R. (2023). The 2024 Annotated Ontario Provincial Offences Act. Toronto, ON: Thomson Reuters. Allen, J., & Libman, R. (2021). Handling Provincial Offence Cases in Ontario. Toronto ON: Thomson Reuters. |
Resource(s):
Course material costs can be found through the Humber Bookstore.
Prior Learning Assessment & Recognition (PLAR)
Prior Learning Assessment and Recognition (PLAR) is the formal evaluation and credit-granting process whereby candidates may obtain credits for prior learning. Prior learning includes the knowledge competencies and skills acquired, in both formal and informal ways, outside of post-secondary education. Candidates may have their prior learning evaluated against the course learning outcomes as defined in the course outline.
To find out if this course is eligible for PLAR, and how this learning would be assessed, please contact the Program Coordinator for more details.
Academic Regulations
It is the student's responsibility to be aware of the College Academic Regulations. The Academic Regulations apply to all applicants to Humber and all current students enrolled in any program or course offered by Humber, in any location. Information about academic appeals is found in the Academic Regulations.
Anti-Discrimination Statement
At Humber College, all forms of discrimination and harassment are prohibited. Students and employees have the right to study, live and work in an environment that is free from discrimination and harassment. If you need assistance on concerns related to discrimination and harassment, please contact the Centre for Human Rights, Equity and Inclusion or the Office of Student Conduct.
Accessible Learning Services
Humber strives to create a welcoming environment for all students where equity, diversity and inclusion are paramount. Accessible Learning Services facilitates equal access for students with disabilities by coordinating academic accommodations and services. Staff in Accessible Learning Services are available by appointment to assess specific needs, provide referrals and arrange appropriate accommodations. If you require academic accommodations, contact:
North Campus: (416) 675-6622 X5090
Lakeshore Campus: (416) 675-6622 X3331
Academic Integrity
Academic integrity is essentially honesty in all academic endeavors. Academic integrity requires that students avoid all forms of academic misconduct or dishonesty, including plagiarism, cheating on tests or exams or any misrepresentation of academic accomplishment.
Disclaimer
While every effort is made by the professor/faculty to cover all material listed in the outline, the order, content, and/or evaluation may change in the event of special circumstances (e.g. time constraints due to inclement weather, sickness, college closure, technology/equipment problems or changes, etc.). In any such case, students will be given appropriate notification in writing, with approval from the Senior Dean (or designate) of the Faculty.
Copyright
Copyright is the exclusive legal right given to a creator to reproduce, publish, sell or distribute his/her work. All members of the Humber community are required to comply with Canadian copyright law which governs the reproduction, use and distribution of copyrighted materials. This means that the copying, use and distribution of copyright- protected materials, regardless of format, is subject to certain limits and restrictions. For example, photocopying or scanning an entire textbook is not allowed, nor is distributing a scanned book.
See the Humber Libraries website for additional information regarding copyright and for details on allowable limits.
Humber College Institute of Technology and Advanced Learning • 2024/2025.