The posting
Purpose The Assistant Prosecutor supports the prosecution department’s operations involving the Provincial Offences Court, pursuant to Grey County’s Agreements with the Ministry of Attorney General, County of Bruce, Grey Sauble Conservation Authority and Saugeen Valley Conservation Authority. The Assistant Prosecutor provides assistance to the department’s principal prosecutors through organizing prosecution operations in coordination with the Supervisor. The Assistant Prosecutor also carries out direct prosecution in coordination with the County’s principal prosecutors. In doing so, the Assistant Prosecutor acts as a prosecutor for Grey and Bruce Counties in respect of charges of violations of provincial legislation, Grey County by-laws pursued under the Ontario Provincial Offences Act, Conservation Authorities Act charges pursued by Grey Sauble Conservation Authority and Saugeen Valley Conservation Authority, and for charges of violations of federal legislation under the Contraventions Act. Responsibilities Support for Prosecution Services
Receive calls, emails, and in person inquiries; respond to and provide information regarding prosecution and appeal matters where appropriate and refer other inquiries to principal prosecutors or other appropriate contacts; receive and process witness mileage reimbursement requests Assist principal prosecutors in managing communications with defendants and counsel/agents on Court days Manage schedules of appointments for all prosecutors with defendants, counsel/agents, law enforcement officers and witnesses Assist principal prosecutors with preparation, court filing, and service of prosecution and appeal documents (i.e., factums, summons, notices, motions) Liaise with law enforcement agencies and officers to obtain evidence disclosure submissions for active prosecution matters Make disclosure packages available to defendants and counsel/agents after review by prosecutors, assist principal prosecutors with review and redaction process, as necessary Track status of ongoing prosecutions and appeals and maintain statistics on them as required Track prosecution and appeal matters sent to outside counsel and legal service providers, provide information and assistance to them, as necessary Maintain internal files and databases on prosecution and appeal matters Coordinate prosecution operations with Provincial Offences Court administration staff in order to promote efficient court operations Coordinate with Criminal Court staff in respect of appeal scheduling and operations Manage prosecution records in accordance with department and county policies
Direct Prosecution Responsibilities
Under the direction of the Supervisor and in coordination with the principal prosecutors:
act as prosecutor under the Provincial Offences Act and the Contraventions Act for offences to be prosecuted by Grey and Bruce Counties unless precluded by law or policy from so acting, and from time to time on behalf of other municipalities and agencies in respect of prosecution of offence charges that Grey County is prosecuting on their behalf. review charging documents for offences to be prosecuted by the County and screen charges laid. identify opportunities to resolve charges without trial in accordance with department policy; issue resolution proposal documentation where appropriate; meet/communicate with defendants and with defendants’ counsel/agents to discuss resolution of charges without trial; present proposed resolutions in Court; and appear in Provincial Offences Court at first appearances, early resolution meetings, plea (resolution) hearings, trials, sentencing hearings, and other court appearances; examine and cross-examine witnesses, make submissions on law and on sentence
Appear in Provincial Offences Court and on appeals as agent for the principal prosecutors when required and permissible Deliver prosecution services to the public and other participants in the Provincial Offences Court system, including defendants, counsel/representatives, and police and civilian witnesses in accordance with policies, standards, and practices established by the County, the Provincial Offences Court Manager, and the Supervisor with respect to delivery of service to the public Disclose to the Supervisor any actual or perceived conflict of interest that precludes any Prosecutor from acting in any particular prosecution as soon as a Prosecutor becomes aware of such conflict or the possibility of such conflict
General
Act as a Commissioner for Taking Affidavits in respect of department matters when required Provide backup coverage for administrative and support functions of the Law Clerk / Real Estate Coordinator when they are unavailable Carry out other duties as assigned by the Supervisor
Working Conditions Hours of work are full-time weekly, including time beyond normal working hours if required by the Court. Some work is conducted in open court before a judge or justice of the peace, opposing parties, their counsel or agent, court staff and members of the public. Some work involves interactions (both in-person and remote) with members of the public who are charged under the Provincial Offences Act and parties engaged in disputes with the County. Such work may involve intense and emotionally loaded situations. Travel at various times throughout the year may be required to attend at the Bruce County Provincial Offences Court location in Walkerton. Occasional travel may be required to other locations within and beyond Grey County. The prosecutors to be supported by the Assistant Prosecutor must complete their work on very specific timelines. Support for prosecution communications, scheduling, and disclosure handling must be handled on specific timelines. Work involving appearances before courts and tribunals must be completed on timelines established by the relevant courts and tribunals, as well as in keeping with any agreement with, or any professional courtesy due to an opposing party, their counsel or agent, and court and tribunal staff. Work conducted with the County’s Provincial Offences Court administration team must be carried about collaboratively and in a spirit of cooperation. The position requires a valid Ontario driver’s license and clean police and security checks. The position requires that the incumbent to swear an oath or affirm before a judge or justice that they will act appropriately as a prosecutor, and that they govern themselves accordingly. The Assistant Prosecutor must promptly disclose to the Supervisor any circumstance where they are charged with an offence under the Criminal Code of Canada or any other federal statute or regulation that is dealt with under the Criminal Code of Canada. They must also promptly disclose to the Supervisor any circumstance where they are charged with an offence under other federal statutes or regulations or under a provincial statute or regulation and where continuing to act in the position of Assistant Prosecutor may erode public confidence in the administration of justice. Work may be subject to frequent interruption and the Assistant Prosecutor must schedule their work to balance competing priorities. Contacts Internal Working Relationships Reports directly to the Supervisor and works alongside other Legal Services staff. Interacts routinely with Provincial Offences Court staff and manager and occasionally with staff from other departments. Must work collaboratively and cooperatively with all County staff as part of the County team. External Working Relationships Interacts with the judiciary, defendants and their counsel/agents in Provincial Offences Act and other court matters. Interacts with law enforcement agencies and their officers as well as municipal enforcement staff. Knowledge and Skill ● If the incumbent is a Lawyer:
A class L1 license to practice law issued by the Law Society of Ontario A law degree from an applicable Canadian law school (J.D. or LL.B.) (or acceptable equivalent degree from a school in a foreign jurisdiction together with a Certificate of Qualification issued by the National Committee on Accreditation in respect of that degree)
● If the incumbent is a Paralegal:
A class P1 license to provide legal services issued by the Law Society of Ontario Satisfaction of the educational requirements of the Law Society of Ontario for the issuance and maintenance of such license At least two years’ experience in some combination of court-related work in any area (Provincial Offences or criminal law strongly preferred)
Experience in advocacy, both written and oral, before courts and tribunals commensurate to the training/experience requirements noted above Effective facilitation and interpersonal skills, particularly with respect to interactions with opposed parties Personable, diligent and a client focused team player Experience, at a level commensurate to their training and license, with procedures in Ontario Courts and Tribunals and experience with and knowledge of:
the specific legislation the incumbent would be responsible to handle matters arising under (e.g., the Provincial Offences Act, Highway Traffic Act, the Compulsory Automobile Insurance Act) the use of municipal by-laws as regulatory laws
