Fed Law: Overview Flashcards
For use of force what sections cover “Use of Force”?
S. 25
S. 26
S. 27
S.34(1)
What is S.25 of the C.C
Protection of person acting in Authority
-Everyone authorized by law acting on reasonable grounds is justified in using as much force as necessary
(Credit card)
What is S.26 of the C.C
Excessive Force
-Criminally responsible for any excess
What is S.27 of the C.C
Use of force to prevent commission of offence
-arrested without warrant and likely to cause immediate and serious injury to person or property of anyone
What is S.34(1) of the C.C
Defence- Use or Threat of Force
- Reasonable grounds that force or threat of force is used against them or other persons
- defending or protecting themselves or others
Charter of Rights and Freedoms
S. 7 = Life, liberty and security
S. 8 = Unreasonable search and seizure
S. 9 = Arbitrarily detained or imprisoned
S. 10 = Right on arrest or detention
-informed promptly of the reason
-retain and instruct counsel without delay and be informed of that right AND
-Have the validity of the detention determined by way of habeas corpus and be released if detention is not lawful
Name all release forms
- Unconditionally
- Summons (swear to info)
- Appearance Notice (Form 9)
- Promise to Appear (Form 10)
- Recognizance (Form 11) - OIC
- Recognizance (Form 32)- Justice
What is an undertaking?
Conditions that can be attached to releases
can be done with Recog (OIC or Justice)
What are the different levels assault ?
Assault [Level 1]
-reg
Assault cause bodily harm/with weapon [Level 2 ]
-carries, uses or threatens to use weapon or imitation OR
-Causes bodily harm to the complainant
Aggravated Assault [level 3]
-Wounds, mains disfigures or endangers life
What is something that needs to happen in order for Assault Peace Officer to be valid charge?
-they are engaged in the execution of his duty or a person in aid of officer
What do you need for Trespass at Night?
Summary Conviction
- without lawful excuse
1. Loiters or Prowls
2. At night (9pm-6am) on the property of another
3. Near a dwelling house
What do you need for Mischief?
Under Offence - Dual Procedure
- Destroys or damage property
- Renders property Dangerous, useless, inoperative or ineffective
- Obstructs, interrupts or interferes with the lawful use or enjoyment of property OR
- Obstructs, interrupts or interferes with any person in the lawful use or enjoyment or operation of property
What do you need for Cause Disturbance?
Summary Conviction
- Not being in a dwelling house causes a disturbance in or near a public place by;
1. fighting, screaming, shouting swearing, singing,using insulting or obscene language
2. Drunk
3. Impeding or molesting
What is the C.C definition of
Weapon?
means anything used, designed to be used or intended for use in causing death/injury or to threaten/intimidate and always includes a firearm
Restricted Weapons
-at present, no weapons are prescribed to be restricted
Prohibited Weapon [S. 84(1)] C.C
A knife that has a blade that open automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife
Any weapon, other than a firearm, that is prescribed to be a prohibited weapon (Throwing stars, numb chucks)
Firearm
- A barrelled weapon
- Which any shot, bullet or other projectile can be discharged
- Capable of causing serious bodily harm or death to a person
1. and including any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm
Non-Restricted Firearms
Not defined in the criminal code or Firearms act, means firearm that is neither prohibited nor restricted (hunting rifles)
Firearms Act S. 19(1)
Authorization to Transport
Must have a valid “authorization to transport” to transport any restricted or prohibited Firearm for:
- Target Practice
- Changing Residences
- Registration and/or repair
- Gun shows
- Transportation to any border
Transporting Non-Restricted Firearms
- Must only be UNLOADED
- In a unattended vehicle
a. In the trunk if equipped or
b. Out of view
Transporting Restricted or Prohibited Firearms
Must be
- unloaded
- Rendered inoperable by locking device, and
- In a locked, secured container
Storage of Non-Restricted Firearms
-Unloaded
Rendered inoperable by
1. locking device
2. Removal of bolt or bolt carrier, OR stored in a locked container or room that cannot be readily broken into
Storage of Restricted or Prohibited Firearms
-Unloaded AND
-Rendered inoperable by secure locking device, and
-Stored in a container or room that cannot be readily broken into
1. no ammunition in same container
2. police are not exempt; must store it properly
OR
Stored in a vault, safe or room that has been specifically constructed or modified for storage purpose AND that is kept securely locked
Whats the definition of sexual assault
- an assault
- Circumstance of a sexual nature
- Violates victims sexual integrity
- General Intent Offence
Whats the first level of sexual assault called ?
- Sexual Assault
- includes (a continuum): grabbing groping, touching, brushing, tearing clothes, to penetration
What is the second level of sexual assault called?
- Sexual assault with a weapon/cause bodily harm/threat to third party
-carries, uses or threatens to use a weapon or imitation
-bodily harm to complainant
-threatens bodily harm to a third person
-PARTY TO THE OFFENCE s. 272(1)(d) C.C
people who watch it happen and don’t help the person
What is the third level of sexual assault called?
- Aggravated Sexual Assault
- Wounds, maims, disfigures, endangers life
What is the age of consent
16
What conditions would invalid consent?
- Forced the complainant or another person
- Threats or fear of force to complainant or another person
- Fraud
- Exercise of Authority
No Consent obtained when: (Sex Assault)
- Someone other than complainant consents
- Complainant incapable of consenting (drugs/alcohol/mental capacity)
- Induced by person in position of trust or authority
- Complainant refuses consent (words or conduct)
- Complainant withdrawals consent (words or conduct)
Mistaken belief in consent
Can’t be used
- Self-induced intoxication
- Recklessness or wilful blindness
Sexual interference (Child Sex offences) S. 151 C.C
- Every person for a sexual purpose
- touches directly or indirectly
- with a part of the body or an object
- any part of the body of a person under 16
Invitation to Sexual Touching (Child Sex Offences)
S. 152 C.C
- Every person for a sexual purpose
- Invites, Counsels or incites
- Person under 16
- to touch directly or indirectly
- with a part of the body or an object
- any part of the body of a person under 16
Sexual Exploitation (Child Sex Offences) S.153 C.C
-Exactly the same Facts and issues for interference and invitation
Instead of 16 person is a “YOUNG PERSON” age 16 and 17
1st Consent for defence
Age 12/13
-2 years apart
NOT in position of trust, authority, dependency and not exploitative
2nd Consent for defence
Age 14/15
-5 years apart
NOT in position of trust, authority, dependency and not exploitative
Mistaken of age
accused can use this if they took all reasonable steps to determine the age of the complainant
For Firearms Search and seizures
What are the 4 authorities to seize firearms from the public?
- Evidentiary Seizures
- Document Seizure
- Public Safety Seizure
- Court order
Threatening
S. 264.1 C.C
Everyone who in any manner knowingly utters, conveys or causes any person to receive threat
- to cause death or bodily harm
- burn, destroy or damage property OR
- kill, poison or injure an animal or bird that is property
Criminal Harassment
S. 264(1)
No person shall without lawful authority knowing that another person harassed or recklessly engaged in conduct referred in (2)
Repeatedly follow, communicate, besetting or watching, engage in threatening conduct
Causing person reasonably
to fear for their safety or anyone known to them
What are the 3 foundation principles for search and seizures?
- Reasonableness
- search warrant or recognized warrantless authority - Search and Seizures
- investigative activity which infringes upon reasonable expectation of privacy - Judicial Pre-authorization
- meaningful assessment or balancing by neutral 3rd party
Hunters Standard
Can’t sign your own warrants
on its face value any warrantless search is unreasonable
Edwards Test
Reasonable Expectation of privacy
- Presence at time of search
- Possession or control of property or place searched
- Ownership of property
- Historical use of property
- Ability to regulate access, including right to admit or exclude others
- Existence of subjective expectation of privacy AND
- Objective reasonableness of expectation
R.v. COLLINS
Reasonableness of search
- Is the search authorized by law?
- Is the law itself reasonable?
- Was the manner in which the search was carried out reasonable?
What are the 3 types of searches?
- Personal
- Spacial Search
- Informational
a. biographical
b. otherwise
R.v. Wills
Consent, 6 steps
- There was consent, expressed or implied
- Giver of consent had authority to give consent
- Consent was voluntary
- Giver of consent was aware of nature of police conduct to which he/she was being asked to consent to
- Giver of consent was aware of right to refuse
- Giver of consent was aware of potential consequences of the consent
Implied licence to knock
Anyone, including police, have implied invitation to knock on front door of dwelling for purpose of communicating information; NOT to gather evidence
1. police must leave property if directed UNLESS reasonable grounds for lawful arrest arose before occupant gave notice to leave.
Plain View Doctrine
- Lawfully Present
- inadvertent discovered
- Clearly incriminating
Abandonment
- Police may seize garbage once on side of the road
- If property is found, people around it state not theirs, police may search contents as it is then abandoned
R.v. Simpson
Articulable cause for detention
- Does the officer’s conduct fall within the general scope of any duty imposed by statue or recognized at common law
- Does the conduct involve an unjustifiable use of powers associated with the duty
R.v. GRANT
Meaning of detention under S. 9 and 10 Charter of Rights refers to suspension of individual liberty interest by significant Physical Restraint OR psychological restraint
FEENEY warrant
Authorization to enter a dwelling house to arrest
What are the 2 types of Feeney warrants?
- Entry/Arrest warrant (S. 529 C.C)
- Before entering, has reasonable grounds to believe person is in the dwelling - Entry warrant (S. 529.1 C.C)
- Reasonable grounds to believe person will be in residence AND - Valid warrant in Canada for the arrest
- Grounds exist to arrest the person without warrant under Criminal Code (S. 495 C.C)
- Grounds exist to arrest or apprehend without warrant under an authority other than the code
Exigent Circumstances
Entry into Dwelling house without warrant S. 529.3(1) C.C
- Officer must have RG to believe that
- Person is present inside the dwelling AND
- Conditions for obtaining warrant under S. 529.1 exist BUT by reason of exigent circumstances, it would be impracticable to obtain warrant
Exigent Circumstances
S. 529.3(2) C.C
P/O has R/G to suspect that entry is necessary to prevent the imminent bodily harm or death of any person OR
R/G to believe that entry is necessary to prevent the imminent loss/destruction of evidence relating to an indictable offence
LIFE and EVIDENCE
R.V. GODOY
911 call
P/O are justified in entering dwelling without warrant to protect life and prevent serious injury of the 911 caller
R.V. HAGLOFF
Fresh/Hot Pursuit
Continuous Pursuit conducted with reasonable diligence, so that pursuit and capture, along with the commission of the offence, may be considered part of a single transaction
Ends when accused is no longer is escaping and no longer freshly pursued
Theft
S. 322 (1)
-Fraudulently and without colour of right takes, converts anything with INTENT
When theft complete
S. 322(2) C.C
With intent to steal anything, moves it OR cause it to move or be moved, OR begins to cause it to become movable
Fraud
S. 380(1)
deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this act, DEFRAUDS the public OR any person, whether ascertained or not, of any property, money or valuable security or any service
Robbery
S. 343 C.C
a. Steals, and for purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to person or property
b. steals from any person and, at the time he steals or immediately before or after, wounds, beats, strikes, uses any person violence to that person
C. assaults any person with intent to steal from him OR
d. steals from any person while armed with an offensive weapon or imitation thereof
Possession of Property obtained by crime
S. 354(1) C.C
-Posses any property or thing or any proceeds of any property or things knowing that all or part of the property or thing or the proceeds was obtained by crime or derived directly or indirectly from
a. the commission in Canada of an offence punishable by indictment OR
b. an act or omission anywhere that if it had occurred in Canada, would have constituted an offence punishable by incidment
Breaking and Entering to Steal Firearm
S. 98(1) C.C
-BnE intent to steal firearm
Change in def
-Place= building structures and Motor vehicle, vessel, aircraft, railway vehicle, container or trailer
Obstruct Peace Officer
S. 129 C.C
a. Resist or wilfully obstructing a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer
b. omits without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having a reasonable notice that he is required to do so OR
c. Resist or wilfully obstructs any person in the lawful execution of a process against land or goods or in making a lawful distress or seizure
Public Mischief
S. 140 C.C
- intent to mislead causes a P/O to enter or continue an investigation by
a. making a false statement that accuses some other person to be suspected of having committed an offence
b. Doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself
c. that an offence has been committed when it has not been committed
d. reporting or in any other way making it known or cause it to be known that he or some other person has died when he or that other person has not died
Domestic Violence
Abuser wants to
intimidate and control the partner by inducing fear
“Power and Control”
Cycle of Violence
- Honeymoon phase
- Tension building phase
- Crisis / assaultive phase
What is the most dangerous time for woman during a D/V situation?
- Leaves the relationship
- 6 weeks afterwards
Domestic Violence Investigator (DVI)
Usually a SGT or Staff Sgt not a constable
Mandatory Charge
-must still have R/G for charge
“in cases of D/V where a P/O in ontario forms R/G he is to lay a charge”
Best evidence for D/V is ?
Sworn Video taped statment (SVS)
Personal Safety Plan
- part of our case management plan
- children safety plan included
Domestic Violence Risk Management
- investigative tool, a check list of facts to consider
- used in Bail court
- relationship problems
- physical violence against intimate partners
- threats of violence
- jealousy
- stalking
- attitudes/behaviours supporting domestic violence
- conditional release and community supervision
- general violence
- substance abuse
- mental disorder
- homicide/suicidal thoughts or behaviours
- victim/witness to family violence as a child or adolescent
- unemployment
- weapons/firearms
- Ontario Domestic Assault Risk Assessment
- Further considerations (cultural aspects, loss of social support, financial stress)
Name two separation Techniques while interviewing at the scene for D/V
- break eye contact, don’t allow the subjects to hear each other
1. Wide z Pattern
2. Wide H pattern
What is a
Primary Aggressor
The person who acs or strikes first
What is a
Dominante Aggressor
The person who creates the most damage and would likely cause further injury
Dual charging
NEVER charge BOTH parties as
- victim will be hesitate to contact police
- lose creditability of the victim
CAS in D/V cases
MUST contact CAS if children resided in the dwelling with history of Domestic Violence, whether or not they were present
