Fed law Flashcards
What is the law?
Rules of conduct that protect everyone’s right
What do you need to lay an information? HINT: TIPP
Time and date of offence, identity of the accused, place of the offence, plus elements of the offence
What is a criminal offence?
violation of any federal law
The CC has 3 classifications of offences. What are they?
summary, dual (hybrid), indictable
What is the definition of reasonable grounds?
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
What classifies an arrest?
take physical control of a person with intent to detain
What is psychological detention?
when an officer acts in such a manner that a person believes they have no choice but to comply
What is the definition of “find committing”?
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
S 25 CC requires 3 components for an officer to be justified in using force. What are they?
- required/authorized by law
2.act on reasonable grounds
3.use as much force as necessary
Reasonable grounds must be justifiable from an _____ point of view
objective
An arresting officer must ______ have reasonable grounds on which to base the arrest
subjectively
What does S 26 CC state?
you’re criminally responsible for any excess force that you use
What is the definition of Acting in Good Faith?
with honest intention and free from any knowledge of irregularity
How many parts are there in the CC?
28
What is S10
Everyone has the right on arrest or detention to be informed promptly of the reason
S 1 of the Charter of Rights and Freedoms is _____?
Not Absolute
What is the remedy section?
24
Arrest and or detention section?
s10
Detention and imprisonment section?
s9
Search and seizure section?
s8
Life, liberty, and Security of a person, section?
s7
What does lawful execution of duty mean?
lawfully performing an identifiable and specific duty authorized by statute or common law
What does RCA stand for?
recognize, classify, authority
What are the 6 steps to an arrest?
- identify yourself
- tell them they’re under arrest
- tell them why
- take physical control
- inform them of RTC
- ensure they understand why and their RTC
Reasonable grounds is more than just mere _______
suspicion
What must you read someone who has changed their mind about contacting a lawyer (wanted to but doesn’t anymore)
proper warning
S 495 (1)(b) states that a peace officer may arrest without warrant….?
a person whom he finds committing a criminal offence
S 494(1)(b) states that ANYONE may arrest without warrant:
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
Describe what “change in jeopardy” means…
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)
What is the reason we arrest people? (PIC)
- prevent the continuation
- investigate further
- court appearance
Where is your authority to arrest someone for a Federal Statute found?
The criminal code
S 495 (1) (a) CC states that a peace officer may arrest without a warrant a person who…
has committed an indictable offence, or who on reasonable grounds, believes has committed or is about to commit an indictable offence
S 495 (2) CC states that a peace officer SHALL NOT arrest a person without warrant for a)?, b)?, c)? UNLESS
- 553 indictable offences
- dual procedure offences
- summary conviction
UNLESS PRICE and the 4 P’s are not satisfied
What is PRICE?
Public interest
Repetition/continuance
Identity
Court
Evidence
What is Investigative Detention?
No reasonable grounds to arrest BUT there are reasonable grounds to suspect a person is connected to a particular crime
What must you have to search incident to investigate detention?
Reasonable grounds to believe someones safety is at risk. PROTECTIVE PAT DOWN ONLY***
What is voluntary accompaniment?
someone who chooses to remain with police for investigative purposes but is free to leave at any time
What is detention?
when a reasonable person would feel obligated to comply with a police demand and are not free to leave
What are the 4P’s?
Protect the public
Protect the accused and victim
Protect property
Prevent breach of the peace
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?
Public interest
Repetition
Identity
Court
Evidence
Safety/Security
What are the 3 release methods for a PO?
- unconditional
- appearance notice/summons
- undertaking (form 10)
When would a PO issue a summons?
-can use instead of a Form 9
-issued if there’s no arrest authority
-after investigation was complete and no need for arrest
What is a Judicial Referral Hearing?
A new court date without an additional charge
When would you issue a Judicial Referral Hearing?
FTA, FTC
When can’t you issue a Judicial Referral Hearing?
if they cause a victim physical/emotional harm, property damage, or economic loss
If you arrest someone and they’re held for bail, they must be presented infant of a Justice within how many hours?
24hrs
What does reverse onus mean?
must show cause why they should be released
Definition of Assault in reference to S 265(1)(a)
without the consent of another person
-applies force intentionally to that other person
-directly or indirectly
Assault 265(1)(b)?
-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
Assault 265(1)(c)
-openly wearing/carrying a weapon or imitation thereof
-accosts, impedes another person or begs
Assault 265(2) applies to what?
sexual assault, sexual assault w/weapon, threats to 3rd party or causing bodily harm, aggravated sexual assault
Assault 265(3) states that no consent is obtained where the complainant submits or does not resist by reason of:
-application of force
-threats or fear of application of force
-fraud
exercise of authority
What kind of offence is assault cause bodily harm or with a weapon s 267
dual
What kind of offence is aggravated assault s 268(1)
indictable
What kind of offence is disarming a PO?
Dual
What is the definition of Trespass @night?
-everyone who without lawful excuse, loiters or prowls @night on the property of another person near or dwelling house situated on that property
Definition of night
9pm-6am
To arrest someone for trespass at night you must….
find them committing
What is the definition of voyeurism? s162
Everyone commits an offence who, surreptitiously observes or makes a visual recording of someone who has an expectation of privacy (nudity/sexual purpose)
What is the definition of mischief? s430(1)
-destroys/damages property
-renders property dangerous, unless inoperative/ineffective
-obstructs, interrupts, or interferes with lawful use or enjoyment of property
What is the definition of cause disturbance? s175(1)(a)
-not being in a dwelling house causes a disturbance in or near a public place by,
-fighting, screaming, intoxication, swearing, impeding or molesting
What are 553 offences?
provincial court judge, jury not involved, and crown cannot choose to go indictable
s 494, Arrest w/o warrant by any person
-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
S 494 (2) arrest by owner, etc of property
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
s 495 arrest w/o peace officer
-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
