Fed Law Final Exam Flashcards
What is law?
series of rules that govern society
common law, is law that:
early and traditional law proven over years
common law:
allows you to search incident to arrest
a criminal information is:
a document sworn to that initiates the charge against the accused
does the word “shall” allow discretion?
no you must do it
How many parts of the CC are there?
28
A Peace Officer includes which of the following?
A) A firefighter
B) An auxiliary officer with the police service
C) A CAS worker
D) A Justice of the Peace
a Justice of the Peace
Finds committing:
A) seeing and following a person who has committed a criminal offence (and is caught in the act)
B) Freshly following a person who has trespassed
C) Seeing and following a person who on reasonable grounds you believe has
committed a criminal offence
D) All of the above
seeing and following a person who has committed a criminal offence (and is caught in the act)
553 offences of the criminal code do not include:
Choose one
A) Under offences
B) Fail to Comply offences
C) Morals Offences
D) Breach of the Peace
breach of the peace
True or false:
summons is issued to compel an accused to court
true
True or False
a subpoena is for a witness to attend a trial
true
True or False
A person can arrest another person on reasonable grounds if they commit an indictable offence.
false (needs finds committing)
If your neighbour requests that you take care of their property, you can arrest someone for a criminal offence committed on or in relation to that property if you find committing. Choose one
A) True
B) False
true
A property owner or person authorized can arrest for summary conviction offences on or in relation to anyone’s property if they find committing.
Choose one
A) True
B) False
true
A citizen must deliver an arrested person forthwith to a peace officer.
Choose one
A) True
B) False
true
A Police Officer may arrest a person if they have committed an indictable offence.
Choose one
A) True
B) False
true
A Police Officer may arrest a person if they find committing a Criminal Offence.
Choose one
A) True
B) False
true
A Peace Officer may arrest someone about to commit a summary conviction offence.
Choose one
A) True
B) False
false
A Police Officer shall arrest someone they believe on reasonable grounds has committed a cause disturbance in a public place.
true or false
false (finds committing)
Section 495(2) of the Criminal Code states you shall not arrest for which of the following offences if PRICE is satisfied?
A) Keeping a gaming or betting house
B) Trespass at Night
C) Take motor vehicle without consent
D) All of the above
all of the above
True or False
Articulable cause deals with reasonable cause, not reasonable grounds.
true
Investigative detention is thought of as:
Articulable cause to believe a person is involved in criminal activity
True or False
During a domestic dispute a spouse can be charged with threatening and assault if there are facts to support elements of the offence. Assault does not have an included offence of Threatening.
true
If “justified” when using force, you:
Are protected from criminal and civil liability
Section 34 of the Criminal Code talks about:
self defence
At what stage of the arrest process is an unconditional release an option?
Anytime before an information is sworn to
Once a person is brought into custody, which the following must be considered before release for 553 indictable, dual procedure, or summary conviction offences?
PRICE or PRICES
PRICES
True or False
For the purposes of the Criminal Code anything can be a weapon.
false (must be intended to be used as a weapon)
There is a test pertaining to expectation of privacy. This test has 7 parts. This is the:
Edwards test
When dealing with expectation of privacy the court can find that a citizen’s expectation of privacy can be diminished if they do not own the property being searched.
Choose one
A) True
B) False
true
One thing that is taken into consideration when dealing with expectation of search is whether the accused was present at the time of the search. Is whether the person had “historical use of the property” a consideration also if we use the 7-part test?
yes it is
What search authority allows you to search a person at the time of arrest for items pertaining to escape, weapons, and evidence?
common law
A search is reasonable only if there is a warrant to authorize the search. This is the only time you can search.
Choose one
A) True B) False
FALSE
What does R v Collins tell us about search?
Authorized by Law, law must be reasonable, and the manner its carried out was reasonable
True or False
For the charge of Sexual Interference S. 151 CC it must be done with a sexual purpose.
true
Joint Possession is a term used when more than one person is in possession of a single piece of property or object. There are three other concerns needed to prove possession, which are:
knowledge, consent, and control
True or False
A person can be charged with Break and Enter even if they don’t break something to enter. Further, if they collude to have someone let them into the premise, they have committed Break and Enter.
true
Which one of these offences does not have to be committed for a sexual purpose?
1. sexual exploitation
2. indecent act
3. sexual interference
4. indecent exposure to a person under 16yrs
indecent act
True or False
Indecent exposure to a person under 16-years of age must occur in a public place for there to be an offence
false, can occur in a public place, or in any place
Consent is a defence to sexual activity with a 14 or 15-year old under what conditions?
There is consent, there is less than 5-years age difference and accused not in a position of trust or authority, not a relationship of dependency and not exploitative
Consent is a defence to sexual activity with a 12 or 13-year old under what conditions?
There is consent, there is less than 2-years age difference and accused not in a position of trust or authority, not in a relationship of dependency and not exploitative
What is the definition of a young person for the offence of sexual exploitation s. 153 CC?
16yrs to under 18yrs
True or false
An eleven-year-old and a thirteen-year-old are ‘caught’ engaging in sexual activity. This is not an offence as there is less than two years age difference between them.
false, 11yr old cannot consent
12+ can but only under certain circumstances
True or False
The initial response a victim receives has serious implications on the victim’s long-term outcome and the investigation
true
True or False
It is important when interviewing a victim of a sexual assault to not press for sequential memory accounts or details that the person cannot provide
true
What are the 4 elements of criminal harassment?
- repeatedly follow
- repeatedly communicate with
- besetting or watching
- engaging in threatening conduct
What are the 3 elements of a firearm?
- barrelled weapon
- shot, bullet, or projectile can be discharged
- capable of causing serious bodily harm or death
how must you transport a non restricted firearm?
- unloaded
- lock on it
- in a locked, secure container
What are you allowed to search for incident to arrest?
weapons, means of escape, evidence
When seizing a cell phone, the owner gives up their expectation of privacy when they don’t have….?
a passcode
When searching a residence incident to arrest, you may also search the surrounding area of the arrest to what? (within the persons physical control)
-guarantee safety
-prevent escape
-provide evidence
for searching a motor vehicle incident to arrest, you must establish/articulate what?
connection between the reason for the arrest and the search of the MV
What is plain view doctrine?
power to seize but not search (limited to visible items)
What are your exigent circumstances to enter a dwelling house?
-RG to suspect imminent bodily harm/death
-RG to believe imminent loss or destruction of evidence
What are your exigent circumstances to enter a dwelling house w/o warrant? (to arrest or apprehend)
-RG
-person present in dwelling
-not practical to wait for warrant
What is a Feeney warrant?
authorizes the entering of a dwelling to make an arrest
In terms of a dwelling, when a person opens the door can you arrest them? Why or why not?
no you can’t b/c they are still within the confines of their dwelling
When does implied licence end?
@ the door of the dwelling on the property
What are the 3 elements that prove a sexual assault occurred?
- voluntary touching (objective)
- sexual nature of touching (objective)
- absent consent (subjective)
Level 1 sexual assault
-grabbing
-groping
-touching
-penetration
Level 2 sexual assault
-carries, uses or threatens to use a weapon or imitation
-bodily harm
-threatens bodily harm to 3rd party
-chokes, suffocates, or strangles
-party to the offence
Level 3, aggravated sexual assault
-wounds, maims, disfigures, endangers life
no consent is obtained when?
-application of force
-threats or causing fear
-fraud
-exercise of authority
Sexual interference?
-sexual purpose
-touches directly/indirectly
-with a part of the body or an object, any part of the body of a person under 16yrs
invitation to sexual touching
-sexual purpose
-invites, counsels, or incites person under 16yrs to touch directly/indirectly with a part of the body or an object the body of any person
What offence can 12-13yrs not be tried for?
sexual interference, or invitation to sexual touching
What is the exemption for a 12-13yr old to be tried for sexual interference, or invitation to sexual touching?
position of trust, dependancy, exploitative
What is sexual exploitation?
every person who for a sexual purpose touches or invites a person 16yrs-under 18yrs to touch directly/indirectly with a part of the body or an object any part of the body and offender must be in one of the defined relationships
In terms of consent, if the complainant is under 16yrs there is no defence for?
that the complainant consented
consent is a defence for sexual activity with a 14 or 15yr old when?
-consent
-less than 5 year age gap
-not in a position of authority, dependancy, or exploitative
consent is a defence for a sexual activity with a 12 or 13yr old when?
-less than 2 year age gap
-no in a position of authority, dependency, exploitative
-consent
What is an indecent act?
-wilfully commits in a public place or any place with 1 or more people and the intent to insult or offend
What is indecent exposure?
everyone who for a sexual purpose exposes his/her genitals to a person under 16yrs
What is the definition of luring?
by means of telecommunication, communicates with a person they know/believe to be under 18, 16, or 14yrs
To have a defence against presumption regarding age, what does the accused have had to do?
accused needs to take all reasonable steps to ascertain the age of the person
Everyone commits theft who?
-fraudulently and w/o colour of right takes/converts to his use or use of another person, anything animate or inanimate with intent to deprive the owner of it
what is colour of right?
honest belief in a set of facts or circumstances that if they actually exist, constitute legal justification or excuse
Taking a motor vehicle (or vessel) w/o consent?
-w/o consent of owner
-intent to drive/use/navigate/operate or is an occupant and knows it was taken w/o consent
Exception to a person taking motor vehicle/vessel w/o consent
occupant didn’t know it was taken w/o consent, and attempts to leave or does leave when they do become aware
What is fraud?
defrauding the public or any person of any property, money, or valuable security or any service
Explain in plain terms what a robbery is?
____ +______= _______
theft+violence=robbery
Define break and enter
breaks and enters a place and commits or has intent to commit an indictable offence or breaks out of a place after
definition of place?
dwelling house, building, or structure, railway vehicle, vessel, aircraft, trailer, pen, or enclosure for animals
define unlawfully in a dwelling house
every person who w/o lawful excuse enters or is in a dwelling house with intent to commit an indictable offence
reasonable inference
reasonable person would draw an inference what the instrument is to be used for
What 3 things can’t someone break into b/c they aren’t defined as places
car, vault, safe
What are the 3 key elements of possession?
knowledge, consent, control
What are the 3 types of possession?
actual, joint, constructive
What are the 4 elements of break and enter
Intent
Enter
Place
Break
actual possession
person has the subject matter in their personal possession
joint possession
-actual possession is in one person and attributed to another person
-In joint possession cases, the accused must have knowledge and some measure of control over the item.
-In order to constitute joint possession, there must be knowledge, consent, and a measure of control on the part of the person deemed to be in possession.
constructive possession
- 2 or more persons
-Constructive possession is established when an accused doesn’t have physical custody of the thing but has it in any place for their own or another’s use or benefit
-must show accused has knowledge, consent, control
In plain terms. explain what obstructing a police officer is?
-resist or willfully obstructs
-omits w/o reason to assist PO
-resists or wilfully obstructs any person in lawful execution of a process
What is personation?
someone who falsely represents themselves to be a PO or uses a badge/uniform/equipment that will likely cause people to believe they’re a PO
