Book Review: POA Booklet

Photo: Suzanne Bemrose (Godden)

Photo: Suzanne Bemrose (Godden)

Paralegal SCOPE Magazine contributor Paralegal Suzanne Bemrose, of Bellum Legal, reviews “Provincial Offences Act: Ontario Court of Justice Selected Short Form Wordings, Set Fines and Ministry of Transportation CVOR Points,” by James Giroux.

This is the book that was referenced in the OPN/CPD On-Time “Strictly Provincial” CPD event in July.

This book is a very helpful reference guide. I am a newly licensed paralegal (September 2012) starting out in the Provincial Offences niche of our industry.

I’ve met some amazing paralegals who work in this area, and started with subcontract work. It was a great way to start learning! I would get a call asking if I could go to court and speak to a matter. I would often be told, “He was charged with careless but it was just a bad lane change, so see if you can plead it out under ‘Lane change – not in safety.’”

If I asked what section of the Highway Traffic Act that was, usually I wouldn’t get an answer. I would then spend the next hour trying to figure out what section they were referring to, how many points to expect and how much the fine might be.

If I was not able to find the answers, I would text one of my mentors, often getting a response right away. It was frustrating that they knew the answer and I couldn’t find it! It turned out, this is the reference book that held the information.

This book has been a game-changer for me. Now, if I get a call and they tell me how to plead it out, I know where to find the section and other details that I need. For example, if I turn to page 39 of the book, halfway down the table I see “Change lane – not in safety.” At a glance, I will see that this holds a two demerit-point penalty, under section 142(1). It also states that for a CVOR offender, the demerit point penalty is five points.

There are eight short forms associated with section 142(1): “Turn – not in safety,” “Turn- not in safety – community safety zone,” “Change lane – not in safety,” “Change lane – not in safety – community safety zone,” “Fail to signal for turn,” “Fail to signal for turn – community safety zone,” “Fail to signal – change lane,” “Fail to signal – lane change – community safety zone.” These are terms I have heard but had no idea that they all related to the same Highway Traffic Act section.

This reference book includes several sections that refer to more than one Act. The book includes a Victim Surcharge Table, from O. Reg. 161/00 and sections for:

  • Highway Traffic Act and Regulations
  • Dangerous Goods Transportation Act
  • Fuel Tax Act
  • Compulsory Automobile Insurance Act
  • Public Vehicles Act and Regulation 982
  • Criminal Code of Canada
  • CVOR Point Values (for selected charges)

giroux-2012-edition

“Provincial Offences Act: Ontario Court of Justice Selected Short Form Wordings, Set Fines and Ministry of Transportation CVOR Points” is a fantastic resource. It is definitely something you want to have in your hand when you are walking into the Crown’s office or an Early Resolution meeting.

The soft-cover booklet is in its fourth printing, published by James Giroux Enterprises. To order the 87-page Fourth Edition, visit:

www.jamesgirouxenterprises.com

3 comments

  1. Thinh… the booklet is accurate through-out; the purpose of this booklet is that it is compact, designed to carry with you to court and is for quick reference for resolution purposes. When the prosecutor is offering a substitute charge for example, with this booklet you can immediately look-up the set fines & demerit point consequence. Although I always carry the HTA book, which is required primarily for referring to full details and for trials, I use this booklet to resolve matters.

  2. Thinh Nguyen · ·

    Thanks for the review and link to this booklet.
    I must say that it is an impressive business operation Mr. Giroux has setup to sell and ship this booklet – bravo. I bought the book online, received a bunch of e-mail confirmations including shipping and delivered notifications. Cost $18.50 + $11.09 shipping = $31.07 taxes included and arrived in 2 days.
    I guess I was over-reading the review and was quite disappointed when the booklet arrived and it didn’t contain any information that was not readily available on the internet (e.g., Ontario Courts of Justice website for Schedule 43 of HTA for the short form wordings and set fines, and e-laws for Ontario Regulation 338/94 for the demerit points).
    The nice thing about the booklet is that it is in a compact form (~1/2 of the letter size page) for ease to carry around, and has merged the Schedule 43 and OnReg 338/94 together (and also CVOR points, which I don’t deal with much). As per my usual practice, I will need to do some cross checking prior to actual use. Spot checks so far looks good.

  3. I lol at your experience in finding this book; I was fortunate enough to be informed of it immediately when I started and buy a new one every year (mostly because it wears out). Almost everyone has it and brings it with them to POA Court, paralegals, prosecutors and even JP’s.
    A must have book, I carry mine to court daily.

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