Sunita is 15 years old and decided to take her family’s 2017 Honda Civic out for a drive.  When making a left hand turn at an intersection, she misjudged the turn, went up over the curb and hit a tree.  Luckily she was not injured and there was little damage to the car.  Sunita was charged under Part I of the POA with turn not in safety, contrary to section 142(1) of the Highway Traffic Act.  Which notice document did the officer serve on Sunita?

Questions 1-12 are based on the following scenario: Ms. Lee was observed to be travelling westbound on Baseline Road approaching the intersection of Greenbank.  This is an intersection controlled by lights which were functioning properly at the time.  This is an intersection in the City of Ottawa.  The north bound lanes of traffic – north of Baseline Road have three lanes which are clearly marked.  One of the lanes is the yield lane for traffic coming from the east driving westbound along Baseline road, it continues around the corner from the intersection and for about 75 meters before it merges with the northbound lane for Greenbank.  Ms. Lee made a right turn into the marked turn lane which is controlled by a yield sign – having determined there were no vehicles approaching from the south.   She made her turn into the most right lane of northbound Greenbank Road; a merge lane.  There is a gas station on the north east side of the same intersection. The gas station has two entrances (one off Baseline) and one off Greenbank.  The entrance/exit off Greenbank is about 30 meters from the intersection of Baseline and Greenbank.  Ms. Lee had travelled about 15 meters when Mr. Curran pulled out of the parking lot for the gas station and a minor collision occurred in the yield lane for northbound traffic.   There were no injuries and damage was estimated at $2,000 for Ms. Lee and approximately $1,000 for Mr. Curran.  Mr. Curran does not want to call police and offers to pay Ms. Lee’s damages.  Both parties exchange information; licence, insurance, registration and Mr. Curran wants to leave. Ms. Lee calls the police.  You have been retained to represent Ms. Lee on this matter. What is Ms. Lee’s best option?

Questions 13-22 are based on the following scenario. It is a dark and stormy night, any rural road in the Municipality of Ottawa.  It is a two lane highway, single lane in each direction, separated by a white solid line.  The speed limit on this road is 80 km per hour.  A major accumulation of rain has washed out a small bridge on the highway and the police have been dispatched to close the road, to avoid an accident.  Upon arrival at the scene, the officer realizes that the only way to warn approaching drivers is to set up flares leading up to the washed out bridge. The officer sets up 4 flares and puts his vehicle on the side of the road, straddling the highway.  The officer has his lights on and is clearly visible to approaching drivers.  The washed out bridge is about 500 meters past his location.  Not 10 minutes later, a vehicle driven by Young Ladd approaches and does not appear to be slowing down.  The officer visually estimates his speed at 90 km per hour.  The officer, who is out of his car and directing the driver to pull over, does not see any apparent reaction from the driver to the warning and direction.  The officer is concerned the driver is going to pass the police vehicle and end up in the river.  Without any change in speed, Young Ladd passes the stopped police car and almost immediately after passing him, begins to brake hard.  The vehicle loses control and spins out, finally coming to a stop in the ditch on the same side of the road as the police vehicle.  Once the officer determines Young Ladd is not injured, the officer makes the demand for documents (ownership, insurance, drivers licence) and charges Young Ladd with the following offences: Drive on closed highway – Section 134(3) HTA Speeding – Section 128 HTA Careless Driving Section – Section 130 HTA Fail to stop on right for emergency vehicle – 159(2) HTA At trial, the prosecution gives you a DVD of the scene as taken from a dashboard camera on a witness’s car.   It is a very short video, about 35 seconds long and the view is from the dash cam of a witness who was on scene before Mr. Ladd.  Mr. Ladd recalls seeing the witness vehicle positioned just ahead of the stopped police car.  What is your strategy? A

Questions 1-12 are based on the following scenario: Ms. Lee was observed to be travelling westbound on Baseline Road approaching the intersection of Greenbank.  This is an intersection controlled by lights which were functioning properly at the time.  This is an intersection in the City of Ottawa.  The north bound lanes of traffic – north of Baseline Road have three lanes which are clearly marked.  One of the lanes is the yield lane for traffic coming from the east driving westbound along Baseline road, it continues around the corner from the intersection and for about 75 meters before it merges with the northbound lane for Greenbank.  Ms. Lee made a right turn into the marked turn lane which is controlled by a yield sign – having determined there were no vehicles approaching from the south.   She made her turn into the most right lane of northbound Greenbank Road; a merge lane.  There is a gas station on the north east side of the same intersection. The gas station has two entrances (one off Baseline) and one off Greenbank.  The entrance/exit off Greenbank is about 30 meters from the intersection of Baseline and Greenbank.  Ms. Lee had travelled about 15 meters when Mr. Curran pulled out of the parking lot for the gas station and a minor collision occurred in the yield lane for northbound traffic.   There were no injuries and damage was estimated at $2,000 for Ms. Lee and approximately $1,000 for Mr. Curran.  Mr. Curran does not want to call police and offers to pay Ms. Lee’s damages.  Both parties exchange information; licence, insurance, registration and Mr. Curran wants to leave. Ms. Lee calls the police.  You have been retained to represent Ms. Lee on this matter. Can the prosecution prove the elements of the offence?  (HTA s135(2))

Hassan is a self-represented defendant who  took the stand and testified at his own trial.  The justice of the peace did not believe Hassan’s testimony in its entirety, but the justice was left in reasonable doubt by it.  Hassan was acquitted of the charge.  In her decision, the justice of the peace referred to the test she applied when considering the evidence.  Which test did the justice apply?

Questions 1-12 are based on the following scenario: Ms. Lee was observed to be travelling westbound on Baseline Road approaching the intersection of Greenbank.  This is an intersection controlled by lights which were functioning properly at the time.  This is an intersection in the City of Ottawa.  The north bound lanes of traffic – north of Baseline Road have three lanes which are clearly marked.  One of the lanes is the yield lane for traffic coming from the east driving westbound along Baseline road, it continues around the corner from the intersection and for about 75 meters before it merges with the northbound lane for Greenbank.  Ms. Lee made a right turn into the marked turn lane which is controlled by a yield sign – having determined there were no vehicles approaching from the south.   She made her turn into the most right lane of northbound Greenbank Road; a merge lane.  There is a gas station on the north east side of the same intersection. The gas station has two entrances (one off Baseline) and one off Greenbank.  The entrance/exit off Greenbank is about 30 meters from the intersection of Baseline and Greenbank.  Ms. Lee had travelled about 15 meters when Mr. Curran pulled out of the parking lot for the gas station and a minor collision occurred in the yield lane for northbound traffic.   There were no injuries and damage was estimated at $2,000 for Ms. Lee and approximately $1,000 for Mr. Curran.  Mr. Curran does not want to call police and offers to pay Ms. Lee’s damages.  Both parties exchange information; licence, insurance, registration and Mr. Curran wants to leave. Ms. Lee calls the police.  You have been retained to represent Ms. Lee on this matter. What is Ms. Lee’s best option?

Questions 1-12 are based on the following scenario: Ms. Lee was observed to be travelling westbound on Baseline Road approaching the intersection of Greenbank.  This is an intersection controlled by lights which were functioning properly at the time.  This is an intersection in the City of Ottawa.  The north bound lanes of traffic – north of Baseline Road have three lanes which are clearly marked.  One of the lanes is the yield lane for traffic coming from the east driving westbound along Baseline road, it continues around the corner from the intersection and for about 75 meters before it merges with the northbound lane for Greenbank.  Ms. Lee made a right turn into the marked turn lane which is controlled by a yield sign – having determined there were no vehicles approaching from the south.   She made her turn into the most right lane of northbound Greenbank Road; a merge lane.  There is a gas station on the north east side of the same intersection. The gas station has two entrances (one off Baseline) and one off Greenbank.  The entrance/exit off Greenbank is about 30 meters from the intersection of Baseline and Greenbank.  Ms. Lee had travelled about 15 meters when Mr. Curran pulled out of the parking lot for the gas station and a minor collision occurred in the yield lane for northbound traffic.   There were no injuries and damage was estimated at $2,000 for Ms. Lee and approximately $1,000 for Mr. Curran.  Mr. Curran does not want to call police and offers to pay Ms. Lee’s damages.  Both parties exchange information; licence, insurance, registration and Mr. Curran wants to leave. Ms. Lee calls the police.  You have been retained to represent Ms. Lee on this matter. Again, relying upon the same fact scenario as above…Assume the other driver, Mr. Curran, was served a Provincial Offence Notice (PON) for – Fail to Yield from Private Drive under Section 139(1) of the HTA.  What witnesses would the prosecution require to attend at Mr. Curran’s trial?

Questions 13-22 are based on the following scenario. It is a dark and stormy night, any rural road in the Municipality of Ottawa.  It is a two lane highway, single lane in each direction, separated by a white solid line.  The speed limit on this road is 80 km per hour.  A major accumulation of rain has washed out a small bridge on the highway and the police have been dispatched to close the road, to avoid an accident.  Upon arrival at the scene, the officer realizes that the only way to warn approaching drivers is to set up flares leading up to the washed out bridge. The officer sets up 4 flares and puts his vehicle on the side of the road, straddling the highway.  The officer has his lights on and is clearly visible to approaching drivers.  The washed out bridge is about 500 meters past his location.  Not 10 minutes later, a vehicle driven by Young Ladd approaches and does not appear to be slowing down.  The officer visually estimates his speed at 90 km per hour.  The officer, who is out of his car and directing the driver to pull over, does not see any apparent reaction from the driver to the warning and direction.  The officer is concerned the driver is going to pass the police vehicle and end up in the river.  Without any change in speed, Young Ladd passes the stopped police car and almost immediately after passing him, begins to brake hard.  The vehicle loses control and spins out, finally coming to a stop in the ditch on the same side of the road as the police vehicle.  Once the officer determines Young Ladd is not injured, the officer makes the demand for documents (ownership, insurance, drivers licence) and charges Young Ladd with the following offences: Drive on closed highway – Section 134(3) HTA Speeding – Section 128 HTA Careless Driving Section – Section 130 HTA Fail to stop on right for emergency vehicle – 159(2) HTA Does the defendant have a defence to section 134(3) of the HTA?

Malik retained a paralegal to dispute a Part II charge. The paralegal forgot about the court date. Malik was deemed not to dispute the charges and was convicted in his absence. How many days does Malik have to request a reopening?

Questions: Olia   This SAR was commissioned by Manchester Safeguarding Adults Board because Olia and her new born baby, Baby W, were found dead at their home. Police were called to an address in a neighbouring authority by a neighbour who reported concerns for the welfare of the person who lived there. The police forced entry and found Olia dead on the floor with a small baby (Baby W) who was also found to be dead.   Olia sought antenatal care as soon as she was pregnant with Baby W and she told professionals that this was her first pregnancy. Information then emerged that she had three older children removed from her care in London because of significant concerns about neglect and her own mental health difficulties. A referral was made to children’s social care and they struggled to make contact with her because of confusion about her address and her reluctance to see professionals. She then went overseas for a period of time without telling anyone. The police were notified of her return and she was met at the airport by social workers. Professionals were unable to make contact with Olia for the last few weeks of the pregnancy.   Choose and answer TWO of the following questions: RETAKE QUESTIONS:   Critically evaluate the extent to which Making Safeguarding Personal underpinned the way agencies worked with Olia and responded to concerns.   Choose one of the agencies involved in Olia’s case. What is your critical analysis of their role in this case?   Critically evaluate the effectiveness of multi-agency working in Olia’s case.   Critically discuss the reasons why the SAR concluded that there was a need to develop guidance for culturally competent practice.