Job Specification

Purpose of Position :

Conduct prosecutions and initiate appeals related to Provincial Offences Act matters.

Duties / Responsibilities :

1. Conducting prosecutions from initiation to disposition at appeal of offences under provincial or federal statutes, representing the Crown at various hearings (e.g. POA matters and appeals).

2. Researching and preparing oral and/or written arguments for above, involving evaluating evidence, interpreting/applying statutes and precedents, identifying issues and determining strategy, deciding whether or not to proceed, preparing witnesses, amassing evidence.

3. Presenting oral and/or written arguments, articulating Crown position, examining and cross-examining witnesses, summarizing cases, anticipating and countering possible defence positions, at all times maintaining ethical standards and balancing competing interests, legitimate or perceived.

4. Performing administrative functions such as providing disclosure, drafting correspondence, reports and memoranda, obtaining, reviewing and processing files, documents and evidence, recommending and/or implementing policy.

5. Participating in meetings and educational seminars, delivering lectures and providing technical guidance/direction to enforcement authorities, occasionally to Crown Counsel, Ministry staff, defence and public.

6. Assisting with prosecutions at the direction of Crown Counsel, screening/processing incoming cases, providing disclosure, communicating with victims/witnesses and enforcement officers, providing administrative support, and appearing for counsel in Ontario Court of Justice and at administrative hearings.

Knowledge :

Job requires knowledge of theory and practice of advocacy, structure and jurisdiction of courts and related rules of practice, procedure, evidence as well as legal concepts, terminology, function/responsibility of Crown Counsel, judiciary and enforcement authorities to research and prepare cases, including evaluating and assessing evidence, interpreting and applying statutes and to present arguments in court, examine and cross-examine witnesses. Job requires knowledge of the Provincial Offences Act and other relevant legislation, most common statutes and related regulations, related precedents to evaluate evidence, interpret and apply statutes and precedents and determine whether or not to proceed in specific cases. Job requires knowledge of Ministry directives, guidelines, policy and initiatives re: disclosure and case management to carry out a series of administrative functions such as providing disclosure, processing files, handling a variety of cases concurrently. Job requires knowledge/understanding of the Criminal Code, summary conviction procedures and less-frequently prosecuted provincial legislation to assist with prosecutions as directed by Crown Counsel. Job requires knowledge of techniques and tools for conducting investigations, interviewing and communicating with witnesses and expert witnesses; examining/cross-examining and presenting arguments in court or at hearings, sometimes in highly technical law; conduct examinations/cross-examinations and deal with witnesses.

Skills :

Job analyzes strengths and weaknesses of cases involving assessing the reliability and completeness of evidence; interpreting and applying statutes and precedents to factual situations. Job requires developing strategy for handling cases including researching legal precedents and statutes, preparing written/oral arguments, anticipating possible defence strategies and formulating effective responses; providing accurate summaries of facts while effectively articulating the Crowns position. Job requires immediate exercise of analytical skills/reasoning in adversarial, formal environment when arguing cases, examining and cross-examining witnesses. Job requires analyzing and assessing the progress of cases and determining whether or not charges should be laid, to accept pleas, withdraw charges or to go to trial; whether or not to call witnesses, lead certain evidence; whether or not to appeal and upon what grounds based on application of evidence to the law and legal precedent, strength of evidence, availability of witnesses, public interest. Job requires language skills to argue and persuasively present the Crowns cases, interview/examine/cross-examine witnesses/expert witnesses. Job requires adapting vocabulary and presentation used to accommodate victims/witnesses (including children) who may be unfamiliar with legal terminology and procedures; whose first language may not be English or whose ability to communicate is hampered by trauma or nervousness while at the same time adapting to enforcement authorities or expert witnesses on highly technical matters such as traffic accident reconstruction or medical testimony in a fatal accident. Job requires writing skills to: prepare written submissions and legal arguments which interpret statutes, precedents, technical evidence which articulate the Crowns position or responds to Defence arguments; write correspondence, training manuals, drafts grounds of appeal, motions and other case-driven material. Job requires interpersonal skills to handle plea negotiations as an agent of the Crown and deal with Defence representatives, victims, enforcement officers by reaching binding agreement following consideration of all aspects and impacts of the agreement. Job requires interpersonal skills to argue the Crown position effectively and deal with Defence counsel objections.

Freedom of Action :

Job works in compliance with statutes, Ministry directives, guidelines and policy which must be assessed in relation to specific cases and within the rules, practices and procedures related to court proceedings and the collection/handling/presentation of evidence. Job as access to Crown Attorney/Crown Counsel or designate for advice, guidance or direction during case presentation and when advising police to lay charges, accept pleas, withdraw charges or go to trial. Job acts independently in court/hearings and has the latitude to make decisions at that time such as whether or not to lead evidence, to call witnesses, examine or cross-examine witnesses or how to present/argue the Crowns case. Job is subject to review by the Supervisor through performance review or following a complaint received by the Ministry from a victim, defence representative or police. Situations not covered by established Crown Directives, policy or statutes are referred for consultation or direction.