Acts, Regulation and Mandate Flashcards
1
Q
List 5 regulations under the Provincial Parks Act
A
Park Activities Regulation Park Fees Regulation Provincial Park Designation Regulation Park Reserve Designation Regulation Park Districts Designation Regulation Use of Vehicles in Spruce Woods Provincial Park Regulation Permits and Leases Regulation
2
Q
List 10 regulations under the Wildlife Act
A
General Hunting Regulations Hunting Season and Bag Limits Regulation Night Hunting Regulations Restitution Regulations Wildlife Protection Regulation Captive Wild Animal Regulation Captive Hunting Regulation Hunting Guide Regulation Hunting Dog Regulation Moose Conservation Closure Regulation Exotic Wildlife Regulation Hunter Education Regulation Cervid Protection Regulation Trapping of Wild Animal Regulation Trapping Areas and Zones Regulation
3
Q
What are the two regulations specifically associated with trapping
A
Trapping of Wild Animal Regulation
Trapping Areas and Zones Regulation
4
Q
What is the first objective of any enforcement strategy ?
A
Prevention and education
5
Q
What are you three enforcement priorities, in order
A
- Public Safety
- Wildfire Investigations
- Ecosystem Protections
6
Q
What are the three subcategories under public safety (enforcement priorities)
A
- Dangerous hunting
- Human wildlife conflict
- Park safety and security
7
Q
What is the subcategory under wildfire investigations? (Enforcement Priorities)
A
- Human caused wildfire
8
Q
What are the four subcategories under ecosystem protections? (ecosystem protections)
A
- Disease control
- Habitat protection
- Species protection
- Resource management
9
Q
Under the subcategory resource management, under ecosystem protection, what resources are specifically listed?
A
- Timber
- Fish
- Wildlife
10
Q
What guides the conservation officer service?
A
Operational Directive - Enforcement Mandate & provincial enforcement priorities
11
Q
When do conservation officers have the power and authority of peace officers?
A
When they are enforcing legislation which they have been appointed under
12
Q
What is the primary function of the COS?
A
Management, protection and enhancement of natural resources
13
Q
Under the conservation officers act (COA) what is the legislated purpose of the act
A
Establish a service whose members will enforce act respecting natural resources, fish and wildlife, protected areas and environmental protection as well as additional prescribed provincial Acts and
preserve and enhance public safety
14
Q
What are the 16 primary Acts and the 2 primary regulations the COS enforces?
A
The Crowns Land Act The Ecological Reserves Act The Endangered Species and Ecosystems Act The Fisheries Act The Forest Act The Provincial Parks Act The Resource Tourism Operators Act The Wildlife Act The Wild Rice Act The Wildfires Act
The Environment Act The Forest Health Protection Act The Water Protection Act The Water Rights Act The Polar Bear Protection Act The Off Road Vehicles Act
Aquatic Invasive Species Regulation (The Water Protection Act - Manitoba)
Manitoba Fishery Regulations, (Fisheries Act Canada)
15
Q
What Acts can CO’s enforce provisions of?
A
The Forest Health Protection Act The Environment Act The Off-road Vehicles Act The Highway Traffic Act The liquor and Gaming Control Act The Intoxicated Persons Detention Act Fisheries Act (Canada) Migratory Birds Convention Act (1994) (Canada) Wild Animal and Plant Protection and Regulation of International & inter-provincial Trade Act (Canada) Criminal code of canada
16
Q
When does a CO have Peace Officer Status?
A
When a CO has the power, authority and protection of a peace officer when enforcing legislation under which they have been appointed
and
When they are carrying out public safety duties
17
Q
What are the 4 primary response options for a CO?
A
Service - provide service to the public
Protection - Preserving and maintaining the public peace while acting in the course of conservation and enforcement duties
Enforcement: An officer may decide that it is in the public’s best interest to lay changes and proceed through the judicial system. Discretion can also be used in place of enforcement when that is not the best interest for everyone involved
Prevention: Preventing offences, accidents or problems through intervention, proactive problem solving and education.
18
Q
If enforcing legislation that is not the primary responsibility of a CO what 5 questions must an officer continuously reevaluate
A
Based on the operational directive - operational mandate, and officer must ask and constantly evaluate:
- What is my primary responsibility and how does it relate to this?
- What is in the public’s best interest?
- Is there any immediate danger or safety concerns if I do not act?
- Can I deal with this at a lower intervention level
- Is my selected course of action within my knowledge, skills and abilities?
19
Q
What two pieces of legislation prescribe CO’s responsible for public safety?
A
Criminal Code of Canada and the COA
20
Q
What are the three primary reasons a CO would enforce non resource related legislation?
A
- Immediate threat to the public, officer or offender (ex. impaired driving, assault of a peace officer, public mischief)
- When the violation interferes with the quite and peaceful enjoyment or safety of a provincial park (ie. LGCA, IPDA, HTA)
- When the offence happens in conjunction with resources related offences (ie. Night hunting reveals HTA or ORV offences)
21
Q
What document guides an officers use of force
A
Criminal Code of Canada
Operational Directive - Use of Force
To be used in conjunction with Officer Safety Directive and the Department Firearm Directive
22
Q
What sections of the criminal code relate to use of force?
A
25, 26, & 27
23
Q
When are officer protected from criminal and civil liability during use of force?
A
- When using force in the lawful execution of their duties
- When the force is based on reasonable grounds
- When the force is not excessive
24
Q
In what 5 circumstances can reasonable force be used?
A
- Stop a dangerous or unlawful action
- Officer or public at risk of harm
- Subject is risking self harm
- Overcome resistance to lawful arrest
- Prevent the escape of an arrested person
25
In any use of force incident, officers will
1. Perceive
2. Assess
3. Plan a response
4. Act on the situation
26
To bring a situation under control, an officer will consider
1. Level of resistance displayed by subject (Resistance continuum)
2. Threat assessment (weapon, intent, delivery system)
3. Force variables (officer considerations, subject considerations and envr considerations)
4. Officer perception & Tactical consideration (How an officer perceives a situation based on individual characteristics & tactical considerations such as availability of backup
27
Which two doctrines guide officer use of force?
One Plus One Doctrine: Stipulates that an officer can use one level of control higher than the level of resistance shown. Officer must be able to articulate why a matching level of control was not available due to safety or time considerations.
Justification of Force Doctrine: Made of two qualifications
Escalation - Level of control is determined by level of resistance. Therefore, subjects themselves dictate how much force is used on them.
Preclusion - The levels of control do not have to be followed chronologically and levels of force can be ruled out if an officer determines they would be ineffective in inappropriate. An officer can immediately use the level of force necessary to control the situation
28
Discuss force variables (categories and examples)
Officer Considerations: size, gender, fitness, injury, fatigue, skill level, knowledge, experience, age, availability of back up, number of officers, position/distance/reaction time, disengage potential
Subject Consideration: size, strength, gender, age, weapons, number of subjects, under the influence, goal oriented, reputation (CPIC, history, experience, etc)
ENVR considerations: weather, location, positioning, availability of cover, time of day/light, availability of backup, hazards
29
Discuss officer perception and tactical considerations in a use of force scenario assessment
Officer Perception: How an officer perceives a situation will be determined by individual characteristics of that officer. This will change officer to officer and be valid either way. Characteristics to consider: strength/fitness, injuries, experience, gender, skill/training
Tactical Considerations: Possibility to disengage & consequences, availability of backup, number of officers, geography, uniform and equipment
30
Define reasonable grounds
: a set of conditions or circumstances that would lead any ordinary, prudent individual to come to a strong beliefs that extends beyond mere suspicion
31
What is included in a threat assessment
1. Weapon - anything that can be used to injure an individual
2. Delivery System - a weapon in relation to the circumstance in relation to it's potential. Can the weapons force be applied from their present position to a potential victim?
3. Intent - a persons behaviour indicating their intent to use a weapon on an officer or individual
32
Define Preclusion
: Officers may rule out lower control levels if they believe those options are inappropriate or effective for the level of resistance shown. It is not necessary to move from one level of control to the next, chronologically.
33
Define Resistance
: Any action by another person that prevents an officer from their objective in the lawful execution of their duties
34
Define Reactionary Gap
: The distance between the officer and subject needed to form a reaction into an action (suggested 6 ft)
35
Outline the Resistance Continuum in detail
Psychological Intimidation: non verbal indication that suggest and unwillingness to comply and potential resistance. Does not by itself justify preemptive action. Ie. insults, cop hater shirts, gang colours
Verbal Non-compliance: verbal indication of unwillingness to comply with officers lawful orders Ie. "No I will not do that"
Passive Resistance: Lowest level of physical resistance. Subject refuses to respond to officers orders but does not attempt to defeat physical contact. ie. going limp, forcing officers to carry/push
Defensive Resistance: Physical efforts to interfere with officers control. No attempt to strike or assault. Ie. Pulling away from officer or running away
Assaultive Behaviour: An assault or threat to assault an officer or other individual. Officer determines the assault will not cause death or GBH. Ie. punches, kicks or adopting a fighting stance, indicating willingness to assault
Grievous Bodily Harm or Death: Subject uses force that causes or could cause death or previous bodily harm. Ie. firearm, axe, punch to the head,
36
Define GBH
A bodily injury that creates a substantial risk of death, causes permanent disfigurement, or results in long-term loss or impairment of the function of any bodily member or organ
37
Define Lethal Force
: Any force likely to, or the potential to, cause death or GBH
38
What Operational Directives oversee use of force
OD - Use of Force
| OD - Officer Safety
39
Outline the control continuum in detail
1. Officer Presence: The professional and non-confrontational presence of an officer is often enough to elicit compliance. ex. Symbols of authority (badge, uniform, marked vehicle, etc)
2. Verbal Direction: Clear verbal demands to gain or regain compliance. This level continues throughout the encounter (officer safety, subject direction and witness statement)
3. Soft, Empty Hand: Physical control techniques that have a low potential for injury. Ex. joint locks (without extension) and pressure point control
4. Hard Empty Hand: Physical control techniques with a higher probability of injury. Injuries may include lacerations, tissue damage, etc. Ex. Striking techniques, joint locks (with extension) etc. Major muscle groups are the preferred target
5. Intermediate Weapons: Using a tool to temporarily incapacitate the subject by overcoming their resistance. Preferred targets are major muscles. Ie. Baton, OC spray, K9. Note that intentional strikes to vital organs are considered deadly
6. Lethal Force: Any force likely, or with the potential to cause GBH or death
40
In what three circumstances do you call an EMS for a subject after a use of force encounter
1. When the subject is injured
2. When the subject complains of an injury
3. Potential injury to the head
41
Discuss calling EMS for subject or officer
- Officer ensures subject receives EMS treatment ASAP
- If subject refuses, EMS is still called and officer requests a report from attending EMS, in addition to taking detailed notes
- If there is an injury to officer, subject or public, officer will take detailed notes and complete an officer report
42
When is an officers report for use of force required?
1. Hard empty hand or higher level of control
2. Display of intermediate weapon or firearm
3. Assaultive behaviour or higher level of resistance displayed or threatened against an officer
4. If medical treatment is required
43
What is the time frame for an officers report and who does it get sent to?
Within 48 hours and no longer than 72hrs
Report must be sent to Regional Field Supervisor (RFS) and Regional Services Superintendent (RSS). The RSS will send to the Chief CO
44
What is the use of force goal?
To resolve all encounters without the use of force. To gain voluntary compliance
45
Discuss the 3 sections of the Criminal Code of Canada that address use of force
Section 25 - authority to use force (good faith, deadly force, GBH)
Section 26 - excessive force
Section 27 - Using force to prevent offence & assault
46
To justify force you need to clear do which 3 things
1. Evaluate subjects resistance
2. Clearly understand your own force options
3. Take all considerations into account
47
Why does an officer need to continuously reevaluate?
Because force used must be in relation to resistance used by subject. Introduction of new force variables. Must escalate, deescalate, disengage and communicate accordingly
48
Define GBH
An Bodily injury that
1. Has a serious risk of death
2. Permanent or serious disfigurement
3. The long term loss or impairment of the functioning of any bodily function or organ
49
What 3 factors must exist to make a threat complete?
Weapon
Intent
Delivery System
50
When is lethal force justified?
When the officer or other individual is at risk of death or GBH.
51
What is survival reaction time?
The time it takes an individual to
1. Perceive
2. Analyze and evaluate
3. Plan
4. Act
52
Define Reaction Time
The time is take an officer to react to resistance. This will significantly influence officer response
53
When determining excessive force, the following 4 variables are considered
1. Was there a need for force
2. The level of force compared to the level of resistance
3. Extend of injuries
4. Was the force applied in good faith
54
What are the predominant reasons for arrest?
R - Repetition or commission of an offence
I - Identification of subject
C - Court appearance
E - preserve evidence
55
What sections of which document provide the authority to arrest in Canada?
Criminal Code of Canada - Sections 194, 195, 196 and 197
56
Where do an officers powers to arrest come from?
Criminal Code of Canada
Conservation Officers Act
Specific legislation which they are enforcing (if it has a power to arrest provision)
Provincial Offences Act (used for legislation that does not have a powers to arrest section).
57
What does it mean to arrest someone?
To seize and take into legal custody
58
What does it mean to detain someone? Examples?
The restraint of liberty, other than arrest) that occurs when a peace officer assumes control over a person by demand or direction. Ie demanding a breathalyzer or taking a statement
59
What do you need to detain a subject?
Reasonable suspicion.
| To establish reasonable suspicion, the officer must be able to point to specific facts.
60
What do you need to arrest a subject?
Reasonable grounds
61
Where are the rights of an arrested person located?
Section 7 - 14 in the Charter of Rights and Freedoms
62
What are the 4 physical steps of arrest, and the following legal steps
1. Identify yourself as an officer
2. Place subject under arrest by verbally indicating they're under arrest
3. Inform subject of charge "You are under arrest for..."
4. Inform subject of legal rights
4a. Charter the subject - inform them of their legal rights under the Charter of Rights and Freedoms "You have the right to retain council..."
4b. Police warning - "you need not say anything..."
4c. Purged warning - If the officer loses contact with the subject for any duration of time, they must read the purged warning. This occurs after the charter and police warning
63
At what point do you charter an individual?
An officer must immediately charter an individual when they determine an offence has been committed. This is where an inspection turns into an investigation. Once the officer suspects an offence has been committed, if the subject is not chartered, the evidence may be inadmissible in court.
64
What is spontaneous Utterance / Admission?
If an officer has no suspicion of an offence, and an individual incriminates themselves, the evidence is admissible in court.
Ie.
Officer: how's fishing?
Subject: Good - I have 1 sturgeon on the stringer for dinner tonight
65
Define laws
A set of rules that govern society
66
What are the three supreme law documents in Canada
Canadian Constitution
Charter of Rights and Freedoms
Criminal Code of Canada
67
As Officers, which sections specifically of the CRF do we care about and why? Give examples of those sections
Sections 7 - 14 guarantee individuals with legal rights
S7. The right to life, liberty and security of person
S8. Search and seizure
S9. Detention or Imprisonment
S10. Arrest or detention
S11. Proceedings in criminal and legal matters
S12. Treatment or punishment
S13. Self incrimination
S14. Interpreter
68
What are the 4 judicial bodies in Manitoba
MB Court of Appeals
Court of Queens Bench
Provincial Court & Justice of the Peace
69
What are the 5 sources of law?
1. Statues / Act ie. Fisheries Act of Canada
2. Regulations ie. Provincial Parks Act
3. Case Law: president setting law made in the courts R. v Sparrow
4. Common Law ie. Officers ability to search a subject held in legal custody
5. Civil Law: Private law relating to individuals ie. assault
70
Break down this statue structure. Federal or provincial?
| The Fisheries Act, R.S.C., 1985, c. F-14
```
The Fisheries Act - name
R.S.C. - Revised Statutes of Canada
1985 - year of proclamation
c F-14 - chapter number
FEDERAL
```
71
Break down this statue structure. Federal or provincial?
| The Provincial Parks Act, C.C.S.M., c. P20
The Provincial Parks Act - name
CCSM - Continues Consolidated Statues of MB
c. P20 - chapter
PROVINCIAL
72
What are the 3 classifications of an offence?
1. Indictable - offences that are prohibited by federal law and are serious in nature. Ie murder
2. Summary convictions - less serious offences under federal law, and all provincial law
3. Dual / Hybrid Offences - can we prosecuted as either indictable or summary. ex. destroy fish habitat & carry a concealed weapon
73
Discuss the anatomy of an offence (2)
First two elements of an offence
1. Actus Reus: the actual, physical act prohibited by law
2. Mens Rea: correspond intent or guilty mind
74
Discuss the 3 categories of an offence and their requirements
1. Full means tea offence : crown must prove both actus reus and mens rea. Ie. murder
2. Strict liability offence : crown must only prove that the accused committed the prohibited act. Accused can then explain themselves using due diligence. ie. most fisheries acts
3. Absolute liability : same as strict liability offences, except there is no due diligence defence. The fact that the offence occurred is enough to convict
75
Define due diligence
: the defense of taking all reasonable precautions to avoid committing an offence
76
What must you have to lay a charge? Definition.
Reasonable and probable grounds : the honest belief in the existence of a state of circumstances which, assuming them to be true, would reasonably lead an ordinary, prudent individual, placed in the position of the accuser, to the conclusion that the person charged was probably guilty of the crime
77
What guides an officer assisting other agencies in enforcement?
Operational Guideline - Enforcement Assistance to Other Agencies
78
What gives officers the ability to assist other agencies, outside of the COS mandate? Discuss
The Criminal Code of Canada requires that everyone, when requested, assists peace officers in the execution of their duty. Failure to do so without reasonable cause in an offence. The operational guideline - enforcement assistance to other agencies also guides this
79
When asked to assist another agency, outside of COS mandate, which 2 points must be considered?
1. Orders must be taken as immediate direction from responsible enforcement agency, within the process outlined in the criminal code
2. Officers under the direction of another agency are individually responsible for ensuring their actions are justified and in compliance with the criminal code of canada
80
What are the provincial enforcement priorities? (outline)
1. Public Safety
1a. Provincial Parks
1b. Dangerous Hunting
1c. Human - Wildlife Conflict
2. Wildfire Investigation
2a. Human caused wildfires
3. Ecosystem Protection
3a. Disease Control
3b. Habitat Protection
3c. Species at Risk
3d. Resource Management - Timber
3e. Resource Management - Fish
3f. Resource Management - Wildlife
81
Discuss in detail the provincial enforcement priority - Public Safety
1. Park safety and security - provide a safe environment for all park users through an effective enforcement program. Methods: identify problem areas and assign appropriate staff. Staff chronic problems with adequate staff and resources.
2. Dangerous Hunting - investigate all situations that may result in danger to people or property. Methods: patrols, decoys, surveillance, night flights, etc
3. Human Wildlife Conflict - investigate all situations involving conflict between people and wildlife, specifically, bears, coyotes, cougars and wolves. Methods: determine attractants in a location and address any legislative contravention
82
Discuss in detail the provincial enforcement priority - Wildlife Investigations
1. Human caused wildfires
- Investigate all human caused wildfires (arson, accident, industry, with significant suppression costs, with significant forest loss, or that caused the loss of any structure)
- Investigate the majority of fires that resulted in minor loss of forest or minimal suppression costs
Methods:
- Trained WF investigators and K9 teams
- Prevention patrols in arson prone communities
- Site investigations along railways ROWS to determine point of origin and cause
- Investigate industry wildfires to determine if negligent or accidental
- Ensure investigation to support cost recovery or change back for wildfires
83
Discuss in detail the provincial enforcement priority - Ecosystem Protection - Disease Control
- Ensure compliance with the Wildlife Protection Regulations developed to prevent the spread of wildlife diseases such as CWD
- Permit compliance for imported game
- Regulatory compliance of all live wildlife being held in captivity
- All reports of AIS movement in/around Manitoba
- Ensure compliance with Forest Act and Regs to restrict forestry invasive species
Methods:
-patrols, roadside check stations, site inspections
84
Discuss in detail the provincial enforcement priority - Ecosystem Protection - Habitat Protection
- inspection of all activity authorized by permits for compliance (ie work permits, ORV permits)
- Investigate non permitted activity on parks, crown land and waterbody shorelines
- Investigate littering and illegal dumping on crown land
- Monitor land use in WMAs
- Investigate ORV use in sensitive/fragile/protected habitat
Methods:
- Planned inspections during an activity
- Patrol in areas of concern
- Surveillance
85
Discuss in detail the provincial enforcement priority - Ecosystem Protection - Species at risk
- Endangered Species and Ecosystems Act offences
- Division 6 (protected species) in the Wildlife Act offences
- Threatened species protection - ie species with specific protections under the law. ie moose, sturgeon, & caribou
Methods
- Investigate all reports of killing and hunting
- Proactively conduct enforcement activities in areas of specific closures or protections (ie moose conservation closures)
- Utilize special forces if necessary (ie k9, arial, etc)
86
Discuss in detail the provincial enforcement priority - Ecosystem Protection - Timber
- Commercial and domestic harvesting
- illegal trade - investigate all reports of illegal harvest and trade
Methods:
-on site harvest inspection ensuring compliance for location, species, quantity use and load slip
87
Discuss in detail the provincial enforcement priority - Ecosystem Protection - Fish and Wildlife
Illegal Trade: investigate all illegal buying and selling, including commercial vendors
Commercial: focus on illegal and unreported harvest of fish. Investigate all violations involving the commercial use of wildlife (guides, outfitters, taxidermists)
Regulated Harvest: Compliance with seasons, limits and methods
Domestic: monitor harvest, permits issues, compliance with closed areas, etc
Methods:
Patrols, roadside checktops, monitoring, surveillance
88
Reasonable force it determined by what 4 force justifications?
1. Was there a need for force?
2. Was the relationship between force used and resistance shown proportional, based on the 1 + 1 doctrine
3. Is the subjects injury proportional to the level of resistance shown
4. Was the force applied in good faith, by a reasonably trained officer, based on the objectively reasonable facts the officer had at the time?
89
Review force variables
Officer variables:
Size, strength, gender, fitness, injury, # of officers, experience
Subject variables:
size, strength, gender, reputation (experience, CPIC, etc), under the influence, goal oriented, # of subjects
Envr Variables:
Time of day (light), availability of backup, physical location, availability of cover, other options (disengage)
Reaction Time Variable:
The amount of time an officer has to respond to resistance will drastically influence the decision
90
What are the 4 force response options?
Disengage:
- Unable to control situation
- No undue risk, and safe to do so
- Disengage, get assistance
Escalate:
- Lower level of force is not effective to control scenario
- Cannot disengage
- Escalate until compliance is gained, then immediately deescalate
Deescalate:
- As soon as compliance and control is achieved
- Continued force after compliance is excessive
Communicate:
-Effectively throughout entire encounter
91
5 principles of controlling resistance
1. Pain compliance - overcoming resistance using pain
2. Stunning - stimulation overwhelming sensory input
3. Distraction - weakening motor action by changing though process
4. Balance displacement - displace balance through leverage principles
5. Motor dysfunction: striking techniques which over stimulate nerves, causing temporary impairment
92
Define: spontaneous assault
a sudden or unanticipated act of violence either with or without a weapon
93
Define: contact weapon
Any handheld object converted to be used as a weapon. Ie. fork, flashlight, belt buckle, pen, etc. Most officers are unaware of a contact weapons existence until the assault is underway
94
What are the three mental states in combat (human factors in the use of force)
1. Combat anxiety - anticipation of danger (before)
2. Survival Stress - deadly force threat perception that initiates Sympathetic Nervous System (SNS) discharge (during)
3. Combat Stress - post event mental and physical symptoms results from activating SNS (after)
95
What are 5 methods for reducing survival stress during use of force?
Human factors can never be completely negated, but training, confidence and preparation can minimize them.
1. Confidence factor - well trained, confident officers
2. Motor skill selection - use gross motor skills when possible
3. Tactical breathing - to control heart rate
4. Visualization - mental and physical preparation for combat
5. Faith factor - state of mine
96
What is the Sympathetic Nervous System (SNS), when is it activated, what does it do and how does it effect the body?
- controls fight or flight response
- releases stress hormone cortisol
- activated during combat
Effects
1. Vison
- loss of depth perception, night vision and ability to focus
- tunnelvison
2. Motor skills
- reduced hand-eye coordination and dexterity
3. Cognitive abilities
- loss of perceptual senses (touch, smell, taste)
- memory framework
97
Define critical incident amnesia
a form of temporary amnesia that occurs after a mass SNS release of the stress hormone cortisol
98
Discuss the Provincial Offences Act
The POA replaced the Summary Convictions Act.
The POA provides arrest powers for provincial offences that do not have their on arrest authority
The POA also provides seizure authorities
99
What are the response times on a ticket
15-45 days after the offence
100
What are the response options for a ticket?
a. pay the fine as set out on the ticket
b. admit to offence but seek reduction in fine or change in time to pay
c. dispute charge and request hearing
101
When does a default conviction happen on a ticket?
1. If the ticket is not responded to within the stout time
2. If the subject doesn't show up to a dispute hearing
The default conviction can be disputed by the subject
102
What 10 codes do you use on telecoms and what do they mean?
10-27 - Licence/Permit information: this is used to check licence information and ID subjects by getting descriptions
10-28 - Ownership information: check plate information (insurance, make, model, etc.)
10-29 - Records check - used to see warrants and if a vehicle is stolen
103
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Phonetic Alphabet
104
What are the 4 uses for an enforcement notice
1. Issue a written warning
2. Eviction Notice (from provincial park)
3. Trespass Dues (warning)
4. Time to proceed - for licence or permits
105
What is a ticket used for?
Used to commence a prosecution for an offence
106
Why would you use a ticket over a long form information?
- ticket is more appropriate for less serious offences
- tickets can be hand written and used at the scene of an offence
- a ticket doesn't need to be sworn in by a justice
- tickets can be served immediately
- short form wording from green book can used on tickets
- penalty indicated on ticket can be taken straight from green book
- subject can pay a ticket without going to court
107
When is a long form information more appropriate over a ticket?
More serious offences
| Multiple offences
108
What is the green book?
A quick reference guide to section numbers, fine amounts, and short wording of the most common resource related offences
109
When do you use an affidavit?
Used when the ticket is served after the date of the offence
| Must be sworn in, in front of a commissioner of Oaths
110
When do you use an appearance notice?
Repeat offender
Serious offender
Multiple offences
111
Explain the three seizure forms
1. Notice of seizure and detention - provides documentation to the subject regarding their seized property
2. Seizure report - used to create a system of accountability, inventory, tracking, control, and disposal of property seized
3. Seizure disposition - provide a system for the courts to document seizures
112
What is a prosecution report used for?
- To document charges for entry into the data base
| - 1 prosecution report per charge
