Job ID #31998: Municipal Prosecutor

City of Hamilton•Hamilton, ON

9d•CA$95,757 - CA$119,701•Onsite

About The Position

The City of Hamilton is seeking a Municipal Prosecutor to conduct prosecutions and appeals in the Ontario Court of Justice for offences under provincial statutes, selected federal statutes, and municipal by-laws. This role reports to the Supervisor, Municipal Prosecutions and a lawyer, adhering to the Memorandum of Understanding (MOU) Prosecutorial Standards and Professional Rules. The position involves evaluating charges, reviewing evidence admissibility, determining prosecution courses of action, conducting disclosures and motions, interviewing and preparing witnesses, negotiating settlements, and presenting legal arguments. The Municipal Prosecutor will also provide advice and guidance to various stakeholders, engage in resolution discussions, conduct legal research, manage collection claims, and act as a liaison with court services and financial staff. Additionally, the role involves recommending policy changes, responding to public inquiries, assisting with enforcement staff training, and potentially traveling outside the jurisdiction. The position also includes training and supervising co-op students and assigning work to legal assistants.

Requirements

Proven knowledge in the theory and practice of law, advocacy, selected federal statutes, provincial statutes and municipal by-laws relative to prosecutions and appeals normally acquired through obtaining a diploma in a Court and Tribunal Agent Program and/or Paralegal Program recognized by the Law Society of Upper Canada or other relevant diploma or degree or related court experience.
Familiarity with investigation techniques employed by enforcement agencies.
Strong verbal, written and presentation skills.
Strong interpersonal skills and ability to be diplomatic.
Excellent organizational and analytical skills.
Experience in a computerized environment.
Working knowledge of Microsoft Office (i.e. Word, Excel, Adobe, Sharepoint, MS Teams and Outlook), Integrated Court Offences Network (ICON), Document Evidence Management System (DEMS) and Teraview.
Ability to comply with Memorandum of Understanding Prosecutorial Standards as set out by the Province of Ontario.
Ability to travel to locations within the City of Hamilton and neighbouring municipalities.

Nice To Haves

An additional two to three years of prosecution experience.
A valid Ontario Driver’s Licence is an asset.
Fluency in French in a court room setting is an asset.

Responsibilities

Conduct prosecutions (i.e. first attendance, pre-trials, trials, pre-appeals and appeals) under provincial statutes, selected federal statutes and municipal by-laws in provincial court.
Evaluate charges to determine if they have been sufficiently investigated and all evidence is collected.
Review admissibility of evidence.
Determine the appropriate courses of action (i.e. determine whether or not to proceed with prosecution or to withdraw charges), research and analysis of issues.
Conduct disclosures, motions including responding to motions under the Canadian Charter of Rights and Freedom and other pre-trial proceedings.
Review statements of witnesses, interview and prepare expert and civilian witnesses.
Prepare and direct the preparation and serving of associated court documents.
Negotiate settlements as required.
Present oral and written legal arguments in the Ontario Court of Justice.
Provide advice and guidance to law enforcement officials, members of the legal profession, Ministry officials, general public, Justices of the Peace and City staff based on knowledge of the requirements and procedures under the Provincial Offences Act (POA).
Engage in resolution discussions with opposing counsel, agents and members of the public in complex and sensitive matters requiring a defusing of tensions, diplomacy and a balancing of competing interests.
Conduct extensive research. Analyze and interpret developing case law and amendments to legislation required in preparation for trial.
Compose complex technical legal documents and correspondence.
Prepare oral and written legal submissions and facta.
Summarize evidence and make submissions including recommendations for judgment and sentence.
Act as liaison with and resource to POA court services and POA collections financial staff.
Manage various collection claims which require attendance before Small Claims Court.
Notify the supervisor of any matters that may raise substantive legal issues at trial or appeal (i.e. application for judicial review or prerogative writ sought in relation to a prosecution, anything that may affect the administration, constitutional validity or enforceability of a statute or regulation, etc.).
Notify the supervisor of offences designated as contraventions under the Contraventions Act.
Recommend changes to existing policy and procedures related to prosecution activities.
Respond to inquiries from the public, enforcement agencies and municipal staff concerning prosecutions.
Provide searches of title, subsearches, approval of forms and registration of documentation for enforcement departments.
Assist with instruction of enforcement staff on prosecution related issues.
Assist in design and conduct educational seminars for enforcement staff to ensure proper collection and preparation of evidence required to meet charges, proper conduct in court, understanding of trial procedure and cross-examination.
Occasionally travel outside jurisdiction to another municipality to prosecute offences which require an out-of-town prosecutor.
Train, supervise and assign work to co-op students.
Assign work, provide guidance and instructions to legal assistants regarding prosecution administrative duties.
Work in accordance with the provisions of applicable Health and Safety legislation and all City of Hamilton corporate and departmental policies and procedures related to Occupational Health and Safety.
Perform other duties as assigned which are directly related to the responsibilities of the position.