Acts, Regulation and Mandate Flashcards
List 5 regulations under the Provincial Parks Act
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
List 10 regulations under the Wildlife Act
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
What are the two regulations specifically associated with trapping
Trapping of Wild Animal Regulation
Trapping Areas and Zones Regulation
What is the first objective of any enforcement strategy ?
Prevention and education
What are you three enforcement priorities, in order
- Public Safety
- Wildfire Investigations
- Ecosystem Protections
What are the three subcategories under public safety (enforcement priorities)
- Dangerous hunting
- Human wildlife conflict
- Park safety and security
What is the subcategory under wildfire investigations? (Enforcement Priorities)
- Human caused wildfire
What are the four subcategories under ecosystem protections? (ecosystem protections)
- Disease control
- Habitat protection
- Species protection
- Resource management
Under the subcategory resource management, under ecosystem protection, what resources are specifically listed?
- Timber
- Fish
- Wildlife
What guides the conservation officer service?
Operational Directive - Enforcement Mandate & provincial enforcement priorities
When do conservation officers have the power and authority of peace officers?
When they are enforcing legislation which they have been appointed under
What is the primary function of the COS?
Management, protection and enhancement of natural resources
Under the conservation officers act (COA) what is the legislated purpose of the act
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
What are the 16 primary Acts and the 2 primary regulations the COS enforces?
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)
What Acts can CO’s enforce provisions of?
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
When does a CO have Peace Officer Status?
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
What are the 4 primary response options for a CO?
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.
If enforcing legislation that is not the primary responsibility of a CO what 5 questions must an officer continuously reevaluate
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?
What two pieces of legislation prescribe CO’s responsible for public safety?
Criminal Code of Canada and the COA
What are the three primary reasons a CO would enforce non resource related legislation?
- 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)
What document guides an officers use of force
Criminal Code of Canada
Operational Directive - Use of Force
To be used in conjunction with Officer Safety Directive and the Department Firearm Directive
What sections of the criminal code relate to use of force?
25, 26, & 27
When are officer protected from criminal and civil liability during use of force?
- When using force in the lawful execution of their duties
- When the force is based on reasonable grounds
- When the force is not excessive
In what 5 circumstances can reasonable force be used?
- 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
In any use of force incident, officers will
- Perceive
- Assess
- Plan a response
- Act on the situation
To bring a situation under control, an officer will consider
- Level of resistance displayed by subject (Resistance continuum)
- Threat assessment (weapon, intent, delivery system)
- Force variables (officer considerations, subject considerations and envr considerations)
- Officer perception & Tactical consideration (How an officer perceives a situation based on individual characteristics & tactical considerations such as availability of backup
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
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
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
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
What is included in a threat assessment
- Weapon - anything that can be used to injure an individual
- 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?
- Intent - a persons behaviour indicating their intent to use a weapon on an officer or individual
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.
Define Resistance
: Any action by another person that prevents an officer from their objective in the lawful execution of their duties
Define Reactionary Gap
: The distance between the officer and subject needed to form a reaction into an action (suggested 6 ft)
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,
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
Define Lethal Force
: Any force likely to, or the potential to, cause death or GBH
What Operational Directives oversee use of force
OD - Use of Force
OD - Officer Safety
Outline the control continuum in detail
- 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)
- Verbal Direction: Clear verbal demands to gain or regain compliance. This level continues throughout the encounter (officer safety, subject direction and witness statement)
- Soft, Empty Hand: Physical control techniques that have a low potential for injury. Ex. joint locks (without extension) and pressure point control
- 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
- 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
- Lethal Force: Any force likely, or with the potential to cause GBH or death
In what three circumstances do you call an EMS for a subject after a use of force encounter
- When the subject is injured
- When the subject complains of an injury
- Potential injury to the head
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
When is an officers report for use of force required?
- Hard empty hand or higher level of control
- Display of intermediate weapon or firearm
- Assaultive behaviour or higher level of resistance displayed or threatened against an officer
- If medical treatment is required
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
What is the use of force goal?
To resolve all encounters without the use of force. To gain voluntary compliance