Provincial Offences Act Municipal Prosecutor

Position Details

• Position Title: Provincial Offences Act Municipal Prosecutor
• General Supervisor: Treasurer/Town Solicitor
• Employee Group: Management/Non-Union
• Department: Legal Services

Position Summary

This position requires the highest standards of integrity, professionalism, objectivity, and confidentiality. The Municipal Prosecutor exercises independent prosecutorial discretion in accordance with applicable legislation, Law Society requirements, prosecutorial standards, and principles of procedural fairness. Responsible for conducting Part I, Part II, and Part III prosecutions under the Provincial Offences Act, municipal by-laws, selected federal statutes, and any matters delegated by the Attorney General. Responsible for conducting early resolution meetings, plea negotiations, screenings, and mediations where appropriate.

Direction Received

The prosecutor works independently when undertaking prosecutions of offences under relevant Provincial Statues. This includes accountability to review case law and argue law on appeals and the conducting of disclosure. The Prosecutor, if not a lawyer, will report to a lawyer designated by the Corporation of the Town of Fort Frances. Such reporting will be structured so that the prosecutor’s exercise of discretion is not influenced. The Treasurer will provide oversight of hours worked. The prosecutor is frequently responsible to make judgements in complex matters. Errors in judgment could result in the miscarriage of justice which may have serious effects on the individuals involved, create inconvenience to the public, generate increased costs, create public dissatisfaction with the administration of justice and cause significant embarrassment for the Town.

Direction of Others

Provides expert level functional leadership in resolving matters related to the Provincial Offences Act.

General Responsibilities

• Conduct prosecutions under provincial statutes, the Contraventions Act (Canada) and municipal by-laws in the Ontario Court of Justice for the Fort Frances Court Service area.
• Review statements of witnesses; evidence and its admissibility; reviews that all charges have been sufficiently investigated and ensure all evidence has been collected before presenting arguments to the Court.
• Maintain current knowledge of applicable legislation and the common law, staying current regarding any changes and developments.
• Perform administrative duties related to prosecutions including the disclosure of documents and notice requirements.
• Liaise with Justices of the Peace, Provincial Offences Administration staff, enforcement and other agencies, legal profession and the public.
• Provide disclosure to defendants and accept service of documents; ensure witnesses are summonsed or cancelled as necessary.
• At trial, present evidence and make legal argument to prove the charge.
• In the case of appeals, file the required documents and present legal argument on appeal before a Justice of the Ontario Court of Justice.
• Address complaints promptly and effectively.
• Notify the local Crown Attorney and the Attorney General of any matter that appears likely to raise a substantive legal issue at trial or appeal, including an application for Judicial review or prerogative writ sought in relation to a prosecution.
• Prepare and conduct prosecutions of offences under provincial statutes, municipal by-laws, the Contraventions Act (Canada), and delegated matters before the Ontario Court of Justice.
• Research and prepare legal documents including Notices of Motion, Affidavits, written submissions, applications, appeal materials, factums, books of authority, and other court documents.
• Research and analyze legislation, regulations, legal precedents, and case law to determine appropriate courses of action and evaluate the sufficiency of evidence.
• Attend early resolution meetings with defendants, agents, and legal counsel and negotiate appropriate resolutions where warranted.
• Examine and cross-examine witnesses, present oral and written submissions, summarize evidence, and make submissions respecting judgment and sentencing.
• Conduct statutory, corporate, property ownership, tax, and conviction record searches as required.
• Maintain effective working relationships with enforcement agencies and provide legal guidance regarding investigations and prosecutions.
• Liaise with enforcement agencies, the Crown Attorney's Office, the Judiciary, provincial ministries, expert witnesses, and other stakeholders.
• Provide training and educational support to municipal and enforcement personnel on court procedures and emerging legal developments.

Routine and Non-Routine Contacts

• Regular contact with Justices of the Ontario Court of Justice, Justices of the Peace and Court Administrative staff for scheduling of courts.
• Contact with the Solicitor for legal issues and advice.
• Contact with the Provincial Offences Coordinator with regard to administrative matters.
• Meets with witnesses for the Prosecution to determine evidence.
• Regular contact with the Treasurer, who oversees hours worked, and provides oversight of departmental budget.

Education and Qualifications

• Licensed Paralegal in good standing with the Law Society of Ontario, or eligible to obtain and maintain such licence.
• Degree or diploma in Paralegal Studies, Law and Security Administration, Legal Studies, Criminology, Justice Studies, or a related discipline.
• Minimum five (5) years' prosecutorial, courtroom, legal, or law enforcement experience, preferably involving Provincial Offences Act matters.
• Demonstrated knowledge of: Provincial Offences Act, Highway Traffic Act, Contraventions Act (Canada), Canadian Charter of Rights and Freedoms, Rules of Evidence, applicable provincial statutes, regulations, and municipal by-laws.
• Demonstrated experience conducting legal research and drafting pleadings, motions, applications, factums, and written submissions.
• Strong negotiation, mediation, conflict resolution skills (text truncated).