APPLICATION QUESTIONS: UNDERSTANDING THE CLASSIFICATION OF THE PROVINCIAL OFFENCES
1. Pursuant to this section of the Fish and Wildlife Conservation Act, which stream or steams of the POA (provincial offences act) could be used to charge a hunter with an offences.
According to the Act of fish and wildlife conservation, the provincial offenses act that will be used to charge a hunter is the hunter gets trapped when that person kills wildlife except for a fur-bearing mammal. Moreover, if the flesh of that animal becomes unsuitable for the human consumption, then the hunter is being arrested as per the act. The person possessing a game wildlife which is not a mammal and if that mammal is hunted and trapped will be-be permitted for the flesh that will not be appropriate for the human consumption (Ontario.ca.2018).
2. Explain you’re rational for use of the particular stream or streams per the question above
It has been mentioned in the Act of fish and wildlife that having a license, a hunter cannot have a commercial fish net. In addition to this, the commercial net cannot be sold to a person if that person does not have any authorization or license. The hunter has to complete the education and other courses so that the person can get the license for hunting.
3. What is the name of the document that would be used to lay the charge before the court under your proposed POA stream(s)?
Under the Act of fish and wildlife, a specific copy of document is purported that needs to be certified by the officer of conservation and the original copy of the documents is inspected in the Act of provincial offences. On the contrary, the proof of the evidence is present in the hand of the officer in absence of the original document. Moreover, the document is issued under the act that includes all the components of the licenses.
4. What is the name of the document that will be served on the defendant under the proposed POA steam(s)?
Under the Act it has been clearly stated that the proof of the offences is used to establish that was declared by the person in context of operation that is issued to the defendant. The defendant states that the offence done without any knowledge of the defendant, it can never be identified if the person has been prosecuted for the sine or not (Ontario.ca.2018).
5. If a defendant wishes to challenge the charge and request a trial on the merits of the matter, how can she/he do so? Answer for each procedural stream that you believe is applicable.
A specific charge is laid at the time when the prosecution will ultimately dispose. At this moment, the charge is dismissed and withdrawn from the defendant. When the defendant wishes to give challenge on the merit of the given matter, the license may get cancelled after hearing the opinion of the officer. According to the opinion of Mitchell, Theadom & du (2017), the defendant can request the officer for not cancelling the license.
6. If the defendant does not want to challenge the charge and the fine because he takes full responsibility for the offence, what should she/ he do? Answer for all procedural streams, that you envisage.
When the defendant does not want to give challenge for the charge and take the offence in his responsibility, he can conduct a search using a computer for examining all the information related to the offences. Moreover, the search will help to get the data that are available in the computer for producing a better result. He can take a printout of all the information that has been found in the computer system.
7. Upon conviction, what would be the possible fine under the proposed stream(s)?
In the Act, it is mentioned that the person who is convicted for an offence either has to give a fine that is not more than 25,000$ or that person is sent to imprisonment for 1 year. If the person is found convicted to a serious offence under section number 16, then that person is liable for giving a fine of 25000$ and imprisonment for not less than 2 years.
8. Why do you think so? Explain your answer to the question above.
When a person is found doing an offense under the Act of fish and wildlife, then the license of that person also gets cancelled and the person will not be issued any license in the future for hunting. If the license is taken from the hunter then, under the subsection of 1, 2 and 3 of 1997 the license will be handover to the minister.
9. Would an offence under s.5(1) be classified as mens rea, strict liability, or absolute liability offence.
Under section 5(1), the governing for buying and selling the fish has been permitted by the government of Ontario waters which will be sold if the sellers have proper license. Under certain circumstances, the seller can list the game wildlife and the fish and can charge it for the serving purpose.
10. Why do you think so? Explain your answer to the previous question.
As per my opinion, the section in 5(1) is properly evaluated before taking any decision. Moreover, the license for the transporting the wildlife games of Ontario and the protected wildlife will require proper safety precaution. The government has given the permission for governing the renewal and insurance or cancellation of the license.
11. What are the applicable limitation period(s) for laying the charge under the possible streams for an offence under s.5 of the act? Explain your answer.
The limitation period that has charge in the possible streams under section 5 of the fish and wildlife Act is quite effective. The limitations which are applied to the delegation and circulating the amount of the fees after selling the fish and wildlife in context of powers delegated are discussed in this section.
Place Order For A Top Grade Assignment Now
We have some amazing discount offers running for the students
Place Your Order
Allen, M. (2017). Mandatory minimum penalties: An analysis of criminal justice system outcomes for selected offences. Juristat: Canadian Centre for Justice Statistics, 3. Retrieved from http://www.statcan.gc.ca/pub/85-002-x/2017001/article/54844-eng.pdf
Crocker, A. G., Seto, M. C., Nicholls, T. L., & Côté, G. (2015). Description and Processing of Individuals Found Not Criminally Responsible on Account of Mental Disorder Accused of" serious Violent Offences". Department of Justice Government of Canada, Research and Statistics Division. Retrieved from https://www.researchgate.net/profile/Malijai_Caulet2/publication/278686882_Description_and_processing_of_individuals_found_Not_Criminally_Responsible_on_Account_of_Mental_Disorder_accused_of_serious_violent_offences/links/55840e9008ae89172b886eef.pdf.
Mitchell, T., Theadom, A., & du Preez, E. (2017). Prevalence of traumatic brain injury in a male adult prison population and its association with the offence type. Neuroepidemiology, 48(3-4), 164-170. Retrieved from http://aut.researchgateway.ac.nz/bitstream/handle/10292/10718/Mitchell%20-prevalence%20of%20TBI%20in%20prison%20revised%20clean.pdf?sequence=5&isAllowed=y.
Ontario.ca.(2018). Cite a Website - Cite This For Me. [online] Available at: https://www.ontario.ca/laws/statute/97f41 [Accessed 14 Dec. 2017].