Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

OPC > Fed law > Flashcards

Fed law Flashcards

1
Q

What is the law?

A

Rules of conduct that protect everyone’s right

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What do you need to lay an information? HINT: TIPP

A

Time and date of offence, identity of the accused, place of the offence, plus elements of the offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is a criminal offence?

A

violation of any federal law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

The CC has 3 classifications of offences. What are they?

A

summary, dual (hybrid), indictable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the definition of reasonable grounds?

A

a set of facts or circumstances, which would satisfy an ordinary, cautious, and prudent person that there is reason to believe and goes beyond mere suspicion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What classifies an arrest?

A

take physical control of a person with intent to detain

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is psychological detention?

A

when an officer acts in such a manner that a person believes they have no choice but to comply

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the definition of “find committing”?

A

1) seeing the person actually committing an offence
2)seeing the person actually commit an offence and pursuing that person immediately and continuously until that person is arrested

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

S 25 CC requires 3 components for an officer to be justified in using force. What are they?

A
  1. required/authorized by law
    2.act on reasonable grounds
    3.use as much force as necessary
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Reasonable grounds must be justifiable from an _____ point of view

A

objective

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

An arresting officer must ______ have reasonable grounds on which to base the arrest

A

subjectively

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What does S 26 CC state?

A

you’re criminally responsible for any excess force that you use

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the definition of Acting in Good Faith?

A

with honest intention and free from any knowledge of irregularity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

How many parts are there in the CC?

A

28

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is S10

A

Everyone has the right on arrest or detention to be informed promptly of the reason

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

S 1 of the Charter of Rights and Freedoms is _____?

A

Not Absolute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is the remedy section?

A

24

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Arrest and or detention section?

A

s10

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Detention and imprisonment section?

A

s9

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Search and seizure section?

A

s8

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Life, liberty, and Security of a person, section?

A

s7

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What does lawful execution of duty mean?

A

lawfully performing an identifiable and specific duty authorized by statute or common law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What does RCA stand for?

A

recognize, classify, authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What are the 6 steps to an arrest?

A
  1. identify yourself
  2. tell them they’re under arrest
  3. tell them why
  4. take physical control
  5. inform them of RTC
  6. ensure they understand why and their RTC
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Reasonable grounds is more than just mere _______

A

suspicion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What must you read someone who has changed their mind about contacting a lawyer (wanted to but doesn’t anymore)

A

proper warning

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

S 495 (1)(b) states that a peace officer may arrest without warrant….?

A

a person whom he finds committing a criminal offence

28
Q

S 494(1)(b) states that ANYONE may arrest without warrant:

A

person who on reasonable grounds he/she believes has committed a criminal offence and is escaping from and freshly pursued by persons who have lawful authority to arrest that person

29
Q

Describe what “change in jeopardy” means…

A

when there is an additional charge or the charge is being changed, the PO must let the subject know and re read them their RTC’s and secondary caution (may need to speak to lawyer again)

30
Q

What is the reason we arrest people? (PIC)

A
  1. prevent the continuation
  2. investigate further
  3. court appearance
31
Q

Where is your authority to arrest someone for a Federal Statute found?

A

The criminal code

32
Q

S 495 (1) (a) CC states that a peace officer may arrest without a warrant a person who…

A

has committed an indictable offence, or who on reasonable grounds, believes has committed or is about to commit an indictable offence

33
Q

S 495 (2) CC states that a peace officer SHALL NOT arrest a person without warrant for a)?, b)?, c)? UNLESS

A
  1. 553 indictable offences
  2. dual procedure offences
  3. summary conviction
    UNLESS PRICE and the 4 P’s are not satisfied
34
Q

What is PRICE?

A

Public interest
Repetition/continuance
Identity
Court
Evidence

35
Q

What is Investigative Detention?

A

No reasonable grounds to arrest BUT there are reasonable grounds to suspect a person is connected to a particular crime

36
Q

What must you have to search incident to investigate detention?

A

Reasonable grounds to believe someones safety is at risk. PROTECTIVE PAT DOWN ONLY***

37
Q

What is voluntary accompaniment?

A

someone who chooses to remain with police for investigative purposes but is free to leave at any time

38
Q

What is detention?

A

when a reasonable person would feel obligated to comply with a police demand and are not free to leave

39
Q

What are the 4P’s?

A

Protect the public
Protect the accused and victim
Protect property
Prevent breach of the peace

40
Q

S 498 (1.1) CC states a PO shall not release a person if they believes on RG that PRICE is NOT satisfied. What is PRICES?

A

Public interest
Repetition
Identity
Court
Evidence
Safety/Security

41
Q

What are the 3 release methods for a PO?

A
  1. unconditional
  2. appearance notice/summons
  3. undertaking (form 10)
42
Q

When would a PO issue a summons?

A

-can use instead of a Form 9
-issued if there’s no arrest authority
-after investigation was complete and no need for arrest

43
Q

What is a Judicial Referral Hearing?

A

A new court date without an additional charge

44
Q

When would you issue a Judicial Referral Hearing?

A

FTA, FTC

45
Q

When can’t you issue a Judicial Referral Hearing?

A

if they cause a victim physical/emotional harm, property damage, or economic loss

46
Q

If you arrest someone and they’re held for bail, they must be presented infant of a Justice within how many hours?

A

24hrs

47
Q

What does reverse onus mean?

A

must show cause why they should be released

48
Q

Definition of Assault in reference to S 265(1)(a)

A

without the consent of another person
-applies force intentionally to that other person
-directly or indirectly

49
Q

Assault 265(1)(b)?

A

-attempts of threatens
-by act or gesture
apply force to another person
-causes that other person to believe on reasonable grounds
-present ability to effect his purpose

50
Q

Assault 265(1)(c)

A

-openly wearing/carrying a weapon or imitation thereof
-accosts, impedes another person or begs

51
Q

Assault 265(2) applies to what?

A

sexual assault, sexual assault w/weapon, threats to 3rd party or causing bodily harm, aggravated sexual assault

52
Q

Assault 265(3) states that no consent is obtained where the complainant submits or does not resist by reason of:

A

-application of force
-threats or fear of application of force
-fraud
exercise of authority

53
Q

What kind of offence is assault cause bodily harm or with a weapon s 267

A

dual

54
Q

What kind of offence is aggravated assault s 268(1)

A

indictable

55
Q

What kind of offence is disarming a PO?

A

Dual

56
Q

What is the definition of Trespass @night?

A

-everyone who without lawful excuse, loiters or prowls @night on the property of another person near or dwelling house situated on that property

57
Q

Definition of night

A

9pm-6am

58
Q

To arrest someone for trespass at night you must….

A

find them committing

59
Q

What is the definition of voyeurism? s162

A

Everyone commits an offence who, surreptitiously observes or makes a visual recording of someone who has an expectation of privacy (nudity/sexual purpose)

60
Q

What is the definition of mischief? s430(1)

A

-destroys/damages property
-renders property dangerous, unless inoperative/ineffective
-obstructs, interrupts, or interferes with lawful use or enjoyment of property

61
Q

What is the definition of cause disturbance? s175(1)(a)

A

-not being in a dwelling house causes a disturbance in or near a public place by,
-fighting, screaming, intoxication, swearing, impeding or molesting

62
Q

What are 553 offences?

A

provincial court judge, jury not involved, and crown cannot choose to go indictable

63
Q

s 494, Arrest w/o warrant by any person

A

-person finds committing an indictable offence
-person who on reasonable grounds believes has committed a criminal offence AND is escaping and freshly pursued by person who have lawful authority to arrest that person

64
Q

S 494 (2) arrest by owner, etc of property

A

may arrest a person w/o warrant if they FIND committing a criminal offence on or in relation to property AND
-make arrest at that time OR
-arrest within reasonable time after offence is committed AND it is believed that an officer can’t make the arrest at that time

65
Q

s 495 arrest w/o peace officer

A

-person who has committed an indictable offence, RG has committed an indictable offence, or is about to commit an indictable offence
-finds committing a criminal offence OR
-has RG to believes there’s a warrant

OPC (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions