Exam Review #1 Flashcards
For arrest purposes, how are dual procedure offences considered?
As indictable offences
What must be proved in a criminal case after an information is
commenced?
Facts in issue
What is the definition of ‘psychological detention’?
A suspension of an individual's liberty by psychological restraint
What is required for an arrest to be considered accomplished?
The person must be physically controlled with the intent to detain
What is the test for ‘reasonable grounds’ for arrest?
There must be such facts as would cause a reasonable person to believe that
the suspect has committed or is about to commit an offence
What term is applied to a criminal offence which may be tried by
summary conviction procedure or by indictment at the option of the
prosecutor?
Dual procedure offence
Upon arrest or detention, everyone has a right to be:
informed promptly of the reason for arrest or detention
What can a person do if their rights or freedoms guaranteed by the
Charter have been infringed or denied?
Apply to a court of competent jurisdiction to obtain a remedy
Under what circumstances should evidence be excluded?
If the evidence was obtained in a manner that infringed or denied any rights or
freedoms guaranteed by the Charter
Under what circumstances can anyone arrest a person without warrant
as per Section 494(1)(a) C.C.?
If the person is found committing an indictable offence
What action is required of anyone other than a peace officer who arrests
a person without warrant as per Section 494(3) C.C.?
They must deliver the person to a peace officer forthwith
Which of the following is true regarding officers’ notes in
investigations?
Officers have a duty to prepare accurate, detailed, and comprehensive notes
What should be included when making a late entry in the notebook?
A brief summary of the event and the reason for the late entry
When arresting someone, what details take precedence in your notes?
Articulating arrest grounds, arrest details, and charter obligations
What is the overall mission of ICEN?
To improve communication in potentially volatile situations
What does NRA stand for in the context of Officer Safety?
Acceptable Risk Effective Necessary
What type of approach would the statement 'I can see you are
struggling, I’m here to help you' be classified as?
Relational
What is the purpose of the Ontario Public-Police Interactions Training
Aid?
To provide training and context to understand police officers’ decisions during
public interactions.
What can the verbal and non-verbal approaches taken by people in
potentially volatile situations be referred to as?
De-escalation Strategies
What should an officer be assessing in the ‘Assess’ portion of ‘Assess-
Plan-Act’?
themselves and the situation, continuously
According to the Highway Traffic Act, what is the minimum age to
operate a motor vehicle on a Highway in Ontario?
16 years
What is the primary purpose of the driver’s license system in Ontario?
To protect the public and maintain safety on highways
According to HTA 44.1 and 44.2, what are the conditions for a Class ‘G1’
(novice) driver regarding alcohol and drugs?
Zero Alcohol (BAC) and no Presence of Drugs allowed
Which of the following is a ‘MOTOR VEHICLE’ as defined by the Highway
Traffic Act?
A motorcycle
What is the definition of 'Motor Vehicle' according to the HTA?
Automobile, motorcycle, motor-assisted bicycle, other vehicle not powered by
muscular power but not a motorized snow vehicle, power assisted bicycle,
farm tractor, self-propelled implement of husbandry, road building machine,
streetcar or traction engine
What does the term 'Roadway' refer to, as per the HTA?
The part of the highway that is improved, designed or ordinarily used for
vehicular traffic, excluding the shoulder
For which condition of the driver's license can police stop and search a
vehicle to check for an ignition interlock device under the Highway
Traffic Act?
Condition ‘I’
What is required for a provincial offences officer to lay a charge under
Part I of the Provincial Offences Act?
Belief
When must the 'certificate of offence' be filed with the office of the
court?
As soon as is practicable after service, but no later than 7 days
Who may lay information before a Justice in the Part III process?
Anyone
When is a Short Form Summons used in the Part III process?
When the defendant is found by a Provincial Offences Officer to be ‘at or near’
the place where the offence occurred
What must a provincial offences officer have to commence proceedings
under Part III of the Provincial Offences Act?
Reasonable and probable grounds to believe an offence has been committed
What is the maximum fine that must not be exceeded when serving a
certificate of offence on a person before court?
$1000 excluding court costs and the victim surcharge
What charge document is used for a more serious Provincial Offences
Act (POA) offence?
Part III long or short form summons
What specific criteria is required for a Short Form Summons to be
issued?
The offender must be found at or near the place of offence.
What is the purpose of an Information in the context of POA offences?
To commence proceedings under a Part III process
How many number plates are required on a motor vehicle in Ontario?
2 plates front and rear
What is the maximum number of days a buyer has to notify the Ministry
after purchasing a motor vehicle?
6 days
What are some examples of extrajudicial measures provided by the
Youth Criminal Justice Act (YCJA)?
No further action, warn the young person, administer a caution, refer to a
program
What is the actus reus?
The physical act of committing the crime
What does a “legal justification” or “excuse” mean in court?
A sufficient or acceptable excuse or explanation made in court that justifies an
otherwise illegal/criminal act
What is the purpose of ‘Slicing the Pie’ in the context of building
searches?
To methodically clear an area for potential threats