Applied Law ENVH 3100

Upon successful completion of this course, the student will be able to:

• Identify the enforcement, legal, and administrative options available to PHI/EHOs to ensure compliance with legislation and to remedy common public health problems (including prosecution).
• Describe the federal and provincial judicial systems.
• Describe the influence of the BNA/Constitution Act and the Charter of Rights and Freedoms in evaluating the impact of constitutional rights with respect to:
• “Right of privacy” and “right of entry”.
• Due Process and its meaning.
• Principals of Natural Justice, Doctrine of Fairness, Administrative Fairness, and Fettering of Discretion.
• Due Diligence.
• Illustrate “Discretionary Power” and its latitude.
• Recall the principals of “progressive enforcement” including: education, persuasion, coercion, and enforcement.
• Recall use of outcome-based inspections.
• Determine when to move into enforcement keeping in mind limits or caps on resources (i.e. budgets).
• Prepare a business letter (persuasive writing).
• Illustrate all forms of enforcement strategies including the pros and cons of each including: ticketing, administrative penalties, orders, use of injunctions, and court appearance.
• Prepare an “Order”.
• Prepare a ticket (short form of information) and Certificate of Service.
• Explain how administrative penalties can be used if available in legislation.
• Elaborate on the role of injunctions in ensuring compliance.
• Describe the different types of injunctions: interlocutory, mandatory, and permanent.
• Illustrate the use of injunctions through case studies.
• Explain a “Show Cause Hearing” and how it applies to license revocation and how it applies to principals of administrative fairness/natural justice.
• Describe the steps necessary to ensure the proper collection and continuity of evidence.
• Describe the three forms of evidence (oral, real, and documentary).
• Outline the rules/limits surrounding collection and the gathering of evidence as Exhibits or “legal samples”.
• o Assess taking statements from a witness/accused correctly (“Chartering a Witness”).
• Outline methods of collection of environmental health samples as commonly experienced.
• Outline marking methods on evidence and identifying the corresponding marking later.
• Outline photograph and video evidence.
• Illustrate continuity of evidence/Flow of Evidence: chain of custody form.
• Describe what Entrapment is and how we avoid this defense argument in tobacco cases.
• Outline the preparation needed for a court case.
• Prepare a “Report to Crown Counsel” complete with the requisite information.
• Illustrate the use of Long Form of Information, Summons, subpoena, and search warrants.
• Explain the Burden of Proof.
• Present evidence in a “mock court” setting in a professional and convincing manner if time permits.
• Analyze the trial process.
• Describe the principals of the Criminal Justice System.
• Outline the layout of courtroom and roles and purpose of each person in the court.
• Outline the presentation of Evidence and the objectives including: Examination in Chief/Direct Examination, Cross Examination and Re-examination.
• Describe the conduct for a witness.
• Describe how a person becomes an expert witness.
• Describe hints of effective testimony.
• Explain the Rules of Evidence: Relevance and admissibility in court proceedings.
• Explain the Exclusionary Rules dealing with admissibility: character, opinion, and hearsay.
• Explain “voir dire” and what it means in a trial.
• Illustrate the stages of the trial process before a Justice of the Peace (PHI prosecuting).
• Explain the principals for verdicts.
• Describe sentencing principles and options.
• Present evidence in a “mock court” setting in a professional and convincing manner.
• Critically evaluate case studies of successful and unsuccessful prosecutions in environmental health cases.
• Evaluate the nature and impact of legislative ambiguities as they relate to successful prosecution and enforcement.
• Describe the preparation of new public health legislation and the role that PHIs/EHOs have in development.
• Illustrate legislative intent including: plain meaning rule, golden rule and Rule in Heydon’s case.
• Explain vocabulary, terminology and grammar used in legislation.
• Describe the potential for, and mitigation of, personal and corporate organizational liability.
• Explain “liability”.
• Explain civil law, torts, negligence and malpractice.
• Explain the terms: Duty of Care, Standard of Care and Causation.
• Outline liability experience in the inspection field and its impact on practice.
• Analyze the risk of liability in environmental health.
• Explain the terms: exculpatory clause, statutory vs. mandatory duty and policy vs. operations.
• Outline “over enforcement” and “under enforcement” and its risks/ consequences to liability.
• Describe generic appeal procedures open to citizens and corporations under the current health legislation.
• Explain the difference between Judicial Appeals vs. Judicial Reviews.
• Illustrate the use of Administrative Bodies for public health cases i.e. past use of Environmental Appeal Board to settle sewage cases.
• Outline preparation and conduct for an appeal using an Appeal Board.
• Justify the use of a Judicial Review for Appeal Boards.
• Describe the effect of Freedom of Information and Privacy Act (FOIPA) on PHIs/EHOs and their records with regard to:
• Business records and trade secrets.
• Disclosure rules and exemptions under FOIPA.
• Parties involved in a FOI request.
• Requirements for severing personal information.
• Describe the tobacco laws that govern the sale of tobacco products in Canada both federally and provincially.
• Paraphrase the federal role in tobacco control as described by guests speakers from Health Canada.
• Describe tobacco enforcement of provincial legislation as described by a guest speaker from a Health Authority.
• Outline the BC Tobacco Control Act and Tobacco Control Regulation.
• Outline use of municipal by laws dealing with second hand smoke (environmental smoke).
• Explain which laws take precedent in situations dealing with tobacco control and environmental second-hand smoke exposure (i.e. Which laws do PHIs/EHOs enforce: federal vs. provincial and provincial vs. municipal).

Effective as of Winter 2012