Fed Law Flashcards
UNDER SECTION 34 - A person is not guilty of an offence if
They believe on reasonable grounds that force or a threat of force is being used against them or another person (the trigger);
Must have acted for the purpose of defending themselves or others from that use of force or threat of force (the motive); AND The act committed is reasonable in the circumstances (the response).
The Section 25 Three Branch Test to Use Force includes:
- Authorized or required to perform a duty
- Acts on Reasonable Grounds
- As much force as Necessary
Necessary involves:
- Imminent
- No Alternative
- Proportional
Imminent involves:
- Intent
- Means
- Opportunity
5 requirements are needed when a subject is fleeing (Section 25(4))
True
Under Section 25(4) under the Criminal Code: 5 Requirements
peace officer making lawful arrest; and
person may be arrested without warrant; and
the person takes flight to avoid arrest; and
reasonable grounds force is necessary to protect the peace officer, person lawfully assisting or any person from imminent or future death or grievous bodily harm; AND
the flight cannot be prevented by reasonable means in a less violent manner.
Use of force on escaping inmate - subsection 2(1) of the Corrections and Conditional Release Act
believes on reasonable grounds that any of the inmates of the penitentiary poses a threat of death or grievous bodily harm to the peace officer or any other person; and
the escape cannot be prevented by reasonable means in a less violent manner.
Describe Section 24 (1)- REALLY IMPORTANT
Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
Describe Section 24 (2)- REALLY IMPORTANT
Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
24(2) is an objective test; in other words, what a reasonable person would believe, after being given all of the relevant circumstances and keeping the values of the charter in mind, about whether the admission of the evidence would bring the administration of justice into disrepute.
(If i as a judge accept this evidence even though it was obtained unlawfully will it deface the public perception of our justice system? Is the evidence worth defacing our public justice system.
Are rights and freedoms under the charter absolute?
NO! we can as officers suspend the liberty of citizens
When the term justified is used in relation to s. 25 CC, what does this mean?
Protected from civil and criminal liability
Able to use as much force as you want
Protected from civil liability
Protected from criminal liability
Protected from civil and criminal liability
Acting in good faith means?
With an honest intention and free of any knowledge of irregularity
Having an honest intention
Acting to the best of your ability
Acting free of any irregularity an to the best of your ability
With an honest intention and free of any knowledge of irregularity
Under s. 25(1) CC, a person must be acting on?
Reasonable hunch
Suspicion
Reasonable grounds
Reasonable suspicion
Reasonable grounds
If you are authorized by law to use force and you use excess force in the circumstances, you cannot be held criminally liable?
False
In reading s. 35 CC, this section refers to?
Self Defence
