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CSC > CMTP Test #1 > Flashcards

CMTP Test #1 Flashcards

1
Q

What document is the Supreme Law of Canada?

A

The Constitution

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2
Q

What document helps to protect and enshrines certain basic rights and freedoms, specifically in interactions between the government and the people?

A

The Charter of Rights and Freedom

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3
Q

According to the Charter any action by government officials which restricts an inmates rights more than they would otherwise be restricted simply because they are incarcerated must be authorized by ____________.

A

The law

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4
Q

Whenever the law authorizes that a Charter Right may be restricted, that restriction must be well justified and __________.

A

Documented

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5
Q

Section 1 of the Charter states that the government may pass laws for very specific and exceptional circumstances that will limit a right or freedom guaranteed by the Charter. In CSC that authority is usually derived from what?

A

The CCRA and the CCRR

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6
Q

Section 2 of the Charter states that everyone has what fundamental freedoms?

A

Freedom of conscience and religion.

Freedom of thought, belief, opinion and expression.

Freedom of peaceful assembly.

Freedom of association.

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7
Q

Section 7 of the Charter states that the basic legal safeguards when dealing with the state are designed to what?

A

To protect the individual and ensure that legal proceedings are fair.

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8
Q

Section 9 of the Charter establishes each persons right to not be arbitrarily detained and imprisoned. This obligates the CSC to have to show reasonable cause to what?

A

Place an offender in Administrative Segregation which is an additional form of detention.

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9
Q

Section 12 of the Charter states that persons shall not have to endure any cruel or unusual treatment or punishment. The criterion for this is what?

A

Whether it is so excessive as to outrage public standards of decency.

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10
Q

Section 24 mandates that every individual is equal before and under the law, and has the right to equal protection and benefit without discrimination. Generally these are applied to race, religion, or gender. They also apply to whom?

A

Persons who are incarcerated.

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11
Q

In relation to procedural fairness, managers who make decisions that seriously impact a persons rights are _______?

A

Bound by he Duty to Act Fairly. This is not a specific act but is enshrined in CSC policy.

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12
Q

Decisions must be based upon our ______. This authority comes from what two documents?

A

Legal Authority.

The CCRA and the CCRR.

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13
Q

The Duty to Act Fairly includes the right to be _______ , the right to a fair and impartial hearing which is free from __________ , and the right to _______ or _______.

A

Heard

Bias

Relief or remedy

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14
Q

What is the primary focal point for all decisions and actions taken by government employees?

A

The Rule of Law.

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15
Q

The Rule of Law is based on what three values?

A
  1. We are all governed by the law.
  2. We are equal before it.
  3. No one, not even government, stands above it.
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16
Q

Administrative Law deals with legal limits placed on government officials. It dictates that the ___________ of a decision must be correct and that the proper _________ must be followed in arriving at the decision.

A

Substance

Process

17
Q

Managers must be familiar and operate under appropriate legal authority when making decisions. This flows from what three areas?

A
  1. The Charter and Constitution.
  2. Statutes, regulations and policy.
  3. Common Law and Civil Code (Quebec Common Law)
18
Q

The CCRA provides the Institutional Head, and only the Institutional Head, the authority to segregate an offender under Section _________ of the CCRA. As a manager where do we specifically derive our legal authority to segregate an offender as the OIC?

A

CCRA 31

CCRA 2(b)
CCRR 6(c)
19
Q

Can Correctional Managers always act as the Institutional Heads delegate?

A

During regular business hours when the Institutional Head is present we must still seek authorization from them. Our delegation is only to be exercised when they are not present.

20
Q

Segregation is what?

A

A status not a place.

21
Q

An offender that has been order to be confined to their cell in the unit is considers to be what?

A

Segregated

22
Q

All Managers are obligated by what to investigate any reasonable alternatives to segregation before placing them there?

A

Law

23
Q

The three (3) general alternatives to segregation are what?

A
  1. Voluntary (Individual) cell lockup.
  2. Change of Address (cell location).
  3. Mediation.
24
Q

The purpose of individual lock up is to diffuse a confrontational situation and prevent escalation that could result in violence or the use of force. T or F.

A

True

25
Q

The inmate must explicitly or implicitly consent to this option as a voluntary alternative to Administrative Segregation. T or F?

A

True

26
Q

The use of this option and the inmate’s consent to this option must be adequately documented. T or F?

A

True

27
Q

Staff are responsible to supervise and monitor the offender during this period of temporary lock up. T or F?

A

True

28
Q

The use of individual lock up can be extended over the duration of a normal weekend (2 days). T or F?

A

False. This is only allowed for a day or evening not 24 or 48 hours.

29
Q

What impact does CCRA 37 have on segregated offenders?

A

States that Segregated offenders have the same rights as General Population offenders except those that are required to be limited due to the segregation placement (ie no belts or personal razors in the cell)

30
Q

What are the new time frames for giving an offender their effects once placed in Segregation?

A

Immediately upon admission, their personal property items related to hygiene, religion and spirituality, medical care and non-electronic personal items (e.g. photographs, phone cards, phone book), subject to safety and security concerns in accordance with section 37 of the CCRA

Their remaining personal property items must be issued within 24 hours of admission to administrative segregation, subject to safety and security concerns in accordance with section 37 of the CCRA

Found in CD 709 para 39 (a and b)

31
Q

Where does designation of Peace Officer status come from?

A

CCRA 10 Peace Officer Designations.

CD 003 clarifies this.

32
Q

Where does our peace officer designation protect us?

A

Members designated as peace officers are:

While employed within the Institutional reserve and while supervising offenders within the community

33
Q

Name five (5) I/M behaviours.

A
  1. Cooperative
  2. Verbally Resistive
  3. Physically Uncooperative (passive & active)
  4. Assaultive
  5. Grievous Bodily Harm or Death
  6. Escape
34
Q

What are the appropriate Management Strategies?

A
  1. Dynamic Security
  2. Staff presence
  3. Verbal Intervention
  4. Conflict Resolution
  5. Negotiation
  6. Verbal orders

Use of Force options

  1. Restraint Equipment
  2. Inflammatory agents
  3. Chemical agents
  4. Physical handling
  5. Batons/other intermediary weapons
  6. Firearms
35
Q

Use of Force is governed by which CD?

A

CD 567-1

36
Q

The use of chemical agents and inflammatory sprays is governed by which CD?

A

CD 567-4

37
Q

What legal document gives us the authority to use force as a peace officer?

A 
CCC 25(1) 
Every one who is required or authorized by law to do anything in the administration or enforcement of the law

(a) as a private person,
(b) as a peace officer or public officer,
(c) in aid of a peace officer or public officer, or
(d) by virtue of his office,

is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.

38
Q

CCRA 3

Three caveats

A
  1. Familiar with acts regulations and laws

Diligently, impartially, and in accordance with the Act and the Mission of the CSC that changes from time to time

To encourage and assist offenders to become law abiding citizens.

CSC (2 decks)

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