Chapter 5 - Police, Power, & Decision Making Flashcards
Section 7 of the Charter
Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice
Section 8 of the Charter
Everyone has the right to be secure against unreasonable search or seizure
Section 9 of the Charter
Everyone has the right to not be arbitrarily detained or imprisoned
Section 10 of the Charter
Everyone has the right on arrest or detention
- To be informed promptly of the reasons therefore;
- To retain and instruct counsel without delay and to be informed of that right; and
- To have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful
Section 11 of the Charter
Any person charged with an offence has the right to be informed without unreasonable delay of the specific offence
principle of accountability
the actions of police officers and police services are subject to review and there are formal channels that individuals can use to lodge complaints against the police
- Historically, the police investigated themselves
- The increasing visibility of the police and a number of high-profile incidents have increased media and public scrutiny of the police
- This has led to the rise of civilian oversight and the emergence of models of accountability that include civilian involvement in investigations
police ethics
Canadian police officers are required to adhere to codes of conduct and ethics
These are contained in:
- Various provincial police acts across the country
- Provincial policy documents, and
- Manuals of individual police services
discretion
the power or right to decide or act according to one’s own judgment
- Seriousness of the incident, the more serious, the less discretion can be used
- They must use discretion because they cannot enforce all laws all of the time, so they practice selective or situational enforcement
bias-free policing
the requirement that police officers make decisions on the basis of reasonable suspicion and probable grounds rather than stereotypes about race, religion, ethnicity, gender, or other prohibited grounds
- One manifestation of biased policing is racial profiling
over-policing
occurs when the police focus disproportionately on a racialized population or neighborhood
pretext policing
commonly associated with police stops or searches and may occur for a minor reason, such as a traffic violation, which then leads to a more intrusive intervention, such as a vehicle search
street checks and carding
The issues surrounding racial profiling are illustrated by the ongoing controversy of street checks
Many Canadian police services have taken measures to address the issue of racial profiling and the practice of street checks/carding, including:
- Upgrading training for officers
- Identifying officers at risk of engaging in racial profiling, and
- Improving community relations
police use of force outlined in the Criminal Code
- Officers exercising force must be performing a duty they are required or authorized to do
- They must act on reasonable grounds
- They may use only so much force as is necessary under the circumstances
- They are responsible for any excessive use of force
use of force: one plus one
police officers have the authority to use one higher level of force than what they are confronted with
5 force options for police officers
Officer Presence – the mere presence of an officer may alter the behavior of the participants at an altercation
Dialogue – verbal and non-verbal communication skills may resolve the conflict and result in voluntary compliance
Empty Hands – physical force is used to gain control
Compliance Tools – equipment or weapons are used to gain control
Lethal Force – the situation requires complete incapacitation of the subject in order to gain control, and lethal force is the only option available to reduce the lethal threat
