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Ontario Police College (OPC) > FEDERAL LAW > Flashcards

FEDERAL LAW Flashcards

1
Q

What is the Law?

a) Case law that comes out of court rulings
b) Rules of conduct that protect everyone’s rights
c) Something created by the government for the police to enforce
d) Rules only found in federal statutes

A

b) Rules of conduct that protect everyone’s rights

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2
Q

Which of the following best defines Case Law?

a) Early/traditional laws that have become commonly accepted and therefore are not specifically written down
b) Laws the government has enacted to address for new problems
c) Laws based on previous court decisions
d) Laws that govern how the police and citizens are to operate in society

A

c) Laws based on previous court decisions

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3
Q

The Constitution of Canada is the?

a) Common Law
b) Case Laww
c) Superior Law
d) Supreme Law

A
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4
Q

Procedural Law is an instruction manual for?

a) The citizens
b) The police
c) The offenders
d) The victim

A

b) The police

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5
Q

Substantive Law is an instruction manual for?

a) The citizens
b) The police
c) The offenders
d) The government

A

a) The citizens

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6
Q

T/F: The Ontario Court of Justice hears criminal prosecutions and provincial prosecutions.

A

TRUE

NOTE: Lower courts can see more serious offences; however, higher level courts will not see matters intended for lower level courts (i.e., Super Court of Justice will not see somone fort a Part 3 POA summons).

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7
Q

Which of the following is NOT an example of a summary conviction only offence?

a) Trespass at Night
b) Cause Disturbance
c) Possession of break in instruments
d) Nudity

A

c) Possession of break in instruments
s. 351 (1) Possession of Break-in Instrument
* Hybrid/Dual Procedure Offence

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8
Q

What are 3 classifications of offences?

A

Summary, Dual/Hybrid and Indictable

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9
Q

Who may lay a criminal information under oath before a justice or judge if they have reasonable grounds to believe an indictable offence has been committed?

a) Police Officer
b) Crown Attorney
c) Justice/Judge
d) Anyone

A

d) Anyone

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10
Q

What is the acronym that is used to remember the facts in issue and what does it stand for?

A

T ime and date

I dentity

P lace

P lus elements of the offence

TIPP

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11
Q

Which of the following is NOT and example of FEDERAL law?

a) Youth Criminal Justice Act
b) Liquor License Act
c) Controlled Drugs and Substances Act
d) Interpretation Act

A

b) Liquor License Act

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12
Q

SECTION 7 - CHARTER

Everyone has the right to _____, _____ and _____ of the person and the right not to be _____ thereof except in accordance with the principles of fundamental justice.

a) (life, freedom and safety) (withheld)
b) (life, liberty and safety) (deprived)
c) (peace, freedom, and security) (withheld)
d) (life, liberty and security) (deprived)

A

d) (life, liberty and security) (deprived)

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamnetal justice.

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13
Q

SECTION 8 - CHARTER

Everyone has the right to be secure against ____________________.

a) Unreasonable search and seizure
b) Unfair search and seizure
c) Dishonest search and seizure
d) Unlawful search and seizure

A

a) Unreasonable search and seizure

8. Everyone has the right to be secure against unreasonable search and seizure.

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14
Q

SECTION 9 - CHARTER

Everyone has the right not to be ____________________.

a) Irresponsibly detained or jailed
b) Arbitrarily detained or imprisoned
c) Unfairly detained or imprisoned
d) Inconsistently detained or jailed

A

b) Arbitrarily detained or imprisoned

9. Everyone has the right not to be arbitrarily detained or imprisoned.

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15
Q

SECTION 10 - CHARTER

Everyone has the right on arrest or detention

  • to be informed ______ of the reasons therefor;
  • to retain and instruct ______ without delay and to be informed of that right; and
  • to have the validity of the detention determined by way of ____________ and to be released if the detention is not lawful

a) quickly, a lawyer, mens rea
b) quickly, lawyer, habaes corpus
c) promptly, counsel, habaes corpus
d) quickly, counsel, mens rea

A

c) promptly, counsel, habaes corpus

10. Everyone has the right on arrest or detention

  • to be informed promptly of the reasons therefor;
  • to retain and instruct counsel without delay and to be informed of that right; and
  • to have the validity of the detention determined by way of habaes corpus and to be released if the detention is not lawful
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16
Q

Cst. Smith is on patrol and he sees a pedestrian walking on the side walk who matches the description of a suspect reported to have been sneaking around the backyards of houses in the neighborhood late at night. He decides to approach the pedestrian and because they seem a little bit nervous he decides to place them into investigative detention. After detaining the individual, he pats them down and finds a small bag of cocaine in his pocket. Cst. Smith places the individual under arrest and charges them with Possession of a Controlled Substance. Which (if any) of the pedestrian’s Charter Rights were violated during the search of his person?

a) None, this was a lawful detention.
b) Section 7
c) Section 10
d) Section 8

A

d) Section 8

While there are clearly multiple Charter violations here, Cst. Smith’s finding and taking of the small bag of cocaine is an example of a Section 8 Search or Seizure violation.

See R v Mann for case law example.

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17
Q

While on patrol, Sgt. Mulligan stops a man who he sees trying to break into a vehicle. During initial communication, the man informs Sgt. Mulligan that he is not going to identify himself - and shortly thereafter he is placed under arrest. Search incident to arrest uncovers the suspects personal identification and some break and enter tools. A CPIC check reveals the suspect has no priors. Sgt. Mulligan informs the suspect of the reason for his arrest and reads him his rights to counsel/caution. While he knows PRICES have been met, Sgt. Mulligan is annoyed that the suspect refused to identify himself and decides to teach him a lesson by putting him in the cells for the rest of his shift. Which of the suspect’s Charter rights were violated?

a) Section 24(2)
b) Section 9
c) Section 10
d) Section 8

A

b) Section 9

Section 9 refers to Detention and Imprisonment and gives people the right not to be aribitrarily detained.

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18
Q

Frank is in the kitchen when his 19 year old son comes home from football practice and informs him that he saw their neighbor on his front lawn watering the grass while nude. He is frustrated because this has been a frequent occurrence as of late and the police have not done anything about it. Can Frank go to a courthouse and lay an information against his neighbour without having to wait for the police?

A

No, for a civilian to lay an information and initiate charges against someone they must have reasonable grounds to believe they have committed an INDICTABLE offence.

s.504 CC In What Cases Justice may Receive Information

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19
Q

The definition of peace officer includes?

a) an auxiliary officer with the police service
b) a child and youth social worker
c) a justice of the peace
d) a firefighter

A

C - A Justice of the Peace

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20
Q

Psychological detention is a suspension of a person’s individual __________ by psychological restraint.

a) Privacy
b) Liberty
c) Security
d) Equality

A

B - Liberty

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21
Q

An arrest is accomplished when you take or get physical control of someone with the intent to?

a) Investigate
b) Detain
c) Charge
d) Arrest

A

B - Detain

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22
Q

T/F: Suspicious circumstances will always be enough to satisfy reasonable grounds.

A

FALSE

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23
Q

An arresting officer must __________ have reasonable grounds on which to base the arrest. Those grounds must, in addition, be justifiable from an __________ point of view.

a) Objectively/subjective
b) Objectively/objective
c) Subjectively/objective
d) Subjectively/subjective

A

c) Subjectively/objective

An arresting officer must subjectively have reasonable grounds on which to base the arrest. Those grounds must, in addition, be justifiable from an objective point of view.

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24
Q

Finds committing means?

a) Seeing a person commit an offence or seeing them commit the offence and immediately/continuously pursuing them
b) Having reasonable suspicion that a person has committed an offence and then cahsing after them
c) Following a person who has freshly departed and failed to identify themselves when trespassing
d) Having reasonable grounds to believe a person has committed an offence and immediately/continuously pursuing them

A

A - Seeing a person commit an offence or seeing them commit the offence and immedciately/continuously pursuing them

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25
Q

T/F: A criminal offence is a violation of any federal or provincial law.

A

FALSE (Federal Law Violation Only)

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26
Q

For the purpose of arrest all dual procedure offences will be considered?

a) Hybrid offences
b) Dual procedure
c) Indictable
d) Summary conviction

A

C - Indictable

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27
Q

Section 24(2) of the Charter of Rights and Freedoms deals with the?

a) Exclusion of an accused from trial
b) Exclusion of the public
c) Exclusion of witnesses
d) Exclusion of evidence

A

d) Exclusion of evidence

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28
Q

Under the Charter of Rights and Freedoms, s.11(b), states a person must be?

a) Tried whenever it is scheduled
b) Tried within a reasonable time
c) Tried within two years
d) Tried within one year

A

b) Tried within a reasonable time

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29
Q

T/F: Everyone has the right upon arrest or detention to be informed promptly of the reason and their right to retain and instruct counsel without delay.

A

TRUE

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30
Q

T/F: You are NOT breaching someone’s rights if you perform a lawful arrest based on proper authorities.

A

TRUE

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31
Q

Everyone has the right to be secure against unreasonable?

a) Search or arrest
b) Arrest or search
c) Search or seizure
d) Seizure or detention

A

c) Search or seizure

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32
Q

In reading s.34 CC, this section refers to?

a) Proceeds of crime
b) Self-defense
c) Use of a firearm
d) The Charter of Rights

A

b) Self-defense

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33
Q

T/F: If you are authorized by law to use force and you use excessive force in the circumstances, you cannot be held criminally liable.

A

FALSE

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34
Q

Under s.25(1) CC a person must be acting on?

a) Reasonable hunch
b) Reasonable suspicion
c) Reasonable grounds
d) Suspicion

A

c) Reasonable grounds

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35
Q

Acting in good faith means?

a) With an honest intention and free of any knowledge of irregularity
b) Acting to the best of your ability
c) Acting free of any irregularity and to the best of your ability
d) Having an honest intention

A

a) With an honest intention and free of any knowledge of irregularity

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36
Q

When the term justified is used in relation to s.25 CC what does this mean?

a) Protected from criminal liability
b) Protected from civil liability
c) Able to use as much force as you want
d) both a & b

A

d) Protected from both criminal and civil liability (a & b)

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37
Q

Anyone may arrest a person who they find committing an?

a) Summary offence
b) Criminal offence
c) Dual procedure offence
d) Indictable offence

A

d) Indictable offence

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38
Q

494(1)(b) is also referred to as…?

a) Helper clause
b) Owner clause
c) Security clause
d) Property clause

A

a) Helper clause

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39
Q

A customer at a store tells store security that they witnessed a customer putting cosmetics in a bag and leave the store without paying. The customer sees the person through the window into the parking lot and points them out to security. The customer then leaves and security then attends to the parking lot and arrests the person. Is this arrest lawful?

Why?

Why not?

A

Security guard did not find the customer committing nor was the customer being freshly pursued by someone with lawful authority to arrest them.

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40
Q

T/F: If your neighbor asks you to take care of their property while they are away, you may arrest someone that you find committing an offence on their property.

A

TRUE - Must make arrest at that time or within a reasonable time after if they believe on reasonable grounds that a peace officer will not be able to make the arrest.

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41
Q

T/F: You must be a Canadian citizen to arrest under 494…

A

FALSE

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42
Q

When must a person who has been arrested by a citizen be delivered to a peace officer?

a) Immediately
b) Forthwith
c) As soon as practicable
d) Within 72 hours

A
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43
Q

T/F: A property owner may arrest someone for a summary conviction offece on or in relation to their property if they find them committing?

BONUS: What is the section/subsection…

A

TRUE - 494(2)

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44
Q

T/F: A person can arrest someone else if they have reasonable grounds to believe they committed an indictable offence.

A

FALSE - Must have found committing or be freshly pursued by someone with lawful arrest authority.

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45
Q

What is the acronym used to assist with your reasons for arrest?

a) RCA
b) PICT
c) PIC
d) TIPP

A

c) PIC

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46
Q

T/F: The Prosper warning is used when someone initially indicates they wish to call a lawyer, has been reasonably diligent in exercising those rights and then changes their mind and no longer wishes to call a lawyer.

A

TRUE

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47
Q

A secondary caution is used to…

a) To remove charter breaches
b) At every or detention
c) To remove minor inducements
d) To remove serious inducement

A

c) To remove minor inducements

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48
Q

There are six steps to a proper arrest, which one is not one of the steps?

a) Identify yourself as a police officer
b) Read the primary caution
c) Read their rights to counsel
d) Tell the person they are under arrest

A

b) Read the primary caution

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49
Q

T/F: Breach of the Peace is a procedural arrest only, there is no charge.

A

TRUE

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50
Q

When is a bench warrant issued?

a) When someone fails to appear for court
b) When someone fails to appear for fingerprints and photographs
c) When you want to arrest someone but cannot locate them
d) When someone has committed a summary conviction offence and you did not find them committing

A

a) When someone fails to appear for court

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51
Q

In order to arrest someone for a summary conviction offence you must?

a) Find them about to commit
b) Have reasonable suspicion
c) Have reasonable ground
d) Find committing

A

d) Find committing

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52
Q

T/F: You can arrest someone on a first instance warrant that was issued in Saskatchewan.

A

FALSE - Must be Canada wide warrant

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53
Q

T/F: A peace officer may arrest someone for committing a summary conviction offence if they have reasonable grounds.

A

FALSE

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54
Q

A peace officer may arrest a person if they have committed an indictable offence or have reasonable grounds to believe they have committed or are about to commit and indictable offence.

A

TRUE

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55
Q

T/F: When you arrest someone, you have a duty to give notice to that person of the reason for the arrest.

A

TRUE

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56
Q

When a peace officer does not arrest due to the limitations in s. 495(2) CC he may issue a(n):

a) Release order
b) Appearance notice
c) Undertaking
d) Criminal summons

A

b) Appearance notice

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57
Q

The four Ps in public interest stand for, protect the public and __________, protect the accused and ___________, protect property and __________ breach of the _____________.

a) community, victim, protect, peace
b) community, victim, prevent, peace
c) justice, victim, protect, peace
d) community, justice prevent, peace

A

b) community, victim, prevent, peace

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58
Q

If PRICE is satisfied a peace officer shall not arrest a person without a warrant for:

a) 553 offence, summary conviction offence or indictable offence
b) 553 offence, dual procedure or summary conviction offence
c) 553 indictable, dual procedure or summary conviction offence
d) 553 indictable, dual procedure or indictable

A

c) 553 indictable, dual procedure or summary conviction offence

59
Q

When police decide they are investigating a different and/or more serious offence after arresting or detaining someone, they should advise of the right to counsel and caution a second time and indicate to the detainee that they are now a suspect in a different and/or more serious crime. This is referred to as a?

a) Change in restraint
b) Change in facts
c) Change in jeopardy
d) Change in circumstances

A

c) Change in jeopardy

60
Q

T/F: When you arrest someone, you must charge them…

A

FALSE

Can release uncondtionally or issue summons.

61
Q

T/F: If PRICE is met, you shall arrest…

A

FALSE

If PRICE is met you shall release.

62
Q

T/F: You may arrest someone who refuses to be detained.

A

FALSE

63
Q

T/F: A lawful detention includes rights to counsel.

A

TRUE

64
Q

T/F: If someone is lawfully detained, they are obligated to answer any questions you ask…

A

FALSE

65
Q

T/F: To search incident to an investigative detention an officer must have reasonable ____________ that the officer’s safety or the safety or anyone is at risk.

a) Suspicion
b) Hunch
c) Belief
d) Grounds

A

d) Grounds

66
Q

T/F: Investigative detention is reasonable grounds to suspect someone is connected to a particular crime…

A

TRUE

67
Q

The authority to detain someone for investigation comes from…

a) Common law
b) Statute law
c) Case law
d) The criminal code

A

a) Common law

68
Q

T/F: Investigative detention is reasonable grounds to believe someone is connected to a particular crime…

A

FALSE

SUSPECT not BELIEVE

69
Q

T/F: You can release someone on an undertaking with any conditions you want, even if they are not related to the offence…

A

FALSE

70
Q

T/F: Both an appearance notice and an undertaking must set out the substance of the offence including statute and section number…

A

TRUE

71
Q

T/F: If an accused fails to sign their appearance notice it means the appearance notice is invalid…

A

FALSE

Does not require signature.

72
Q

T/F: If you arrest someone for a summary conviction offence because you found them committing you can release them on an appearance notice if conditions are not required.

A

TRUE

73
Q

What are the two methods of release available to a police officer…

a) Appearance notice, undertaking
b) Summons, appearance notice
c) Undertaking, release order
d) Appearance notice, promise to appear

A

a) Appearance notice, undertaking

74
Q

When can a person be released unconditionally after an arrest.

a) At any time
b) Before a justice of the peace
c) Before their bail hearing begins
d) During a trial

A

a) At any time

75
Q

T/F: A criminal summons is a method of release that compels an accused person to court…

A

FALSE

It is a way to compel someone to court but it is NOT a release method.

76
Q

Before a criminal summons can be issued, what must the officer do first?

a) Swear to an appearance notice before a justice
b) Swear to an information before a justice
c) Tell the accused that they will be given a summons
d) Get permission from their supervisor

A

b) Swear to an information before a justice

77
Q

T/F: A criminal summons can be issued at the side of the road to release someone that is under arrest…

A

FALSE

Not a method of release.

78
Q

When making decisions surrounding release, in addition to the principle of restraint, an officer must also consider?

a) PRICE
b) PRICES
c) RCA
d) PIC

A

b) PRICES

79
Q

Primary consideration to the release of the accused at the earliest reasonable opportunity with the least onerous conditions for the accused that are appropriate in the circumstances, including conditions that are reasonably practicable for the accused to comply with. This is known as:

a) The ladder principle
b) The principle of release
c) The release principle
d) The principle of restraint

A

d) The principle of restraint

80
Q

T/F: If someone is denied reasonable bail this is a breach of their rights under the Charter.

A

TRUE

81
Q

T/F: When you arrest someone for an indictable offence while they are already out on a form of release for another indictable offence you MUST hold that person for a reverse onus bail hearing, even if a lesser form of release will satisfy PRICES.

A

FALSE

82
Q

If you arrest someone and intend to hold them for a 524 hearing your arrest authority is under section __________ CC.

a) 495.1
b) 494
c) 524
d) 495

A

c) 495.1

83
Q

What is the primary reason police hold someone for a bail hearing?

a) To ensure they appear for court
b) Safety of the public
c) Maintain confidence in the justice system
d) Maintain confidence in the police

A

b) Safety of the public

84
Q

T/F: If you decide to hold someone for a bail hearing and then decide detention is no longer necessary, you still have to hold them for bail.

A

FALSE

85
Q

If you decide to hold someone for a bail hearing you must take them before a justice within how many hours?

a) 48hrs
b) 36hrs
c) 18hrs
d) 24hrs

A

d) 24hrs

86
Q

If PRICES is not satisfied you shall not?

a) Arrest
b) Search
c) Investigate
d) Release

A

d) Release

87
Q

When the onus is on the accused to show why they should be released at a bail hearing, this is referred to as a?

a) Cross examination
b) Reverse onus bail hearing
c) Show cause hearing
d) Defence onus hearing

A

b) Reverse onus bail hearing

88
Q

When the onus is on the crown to show why someone should be released on conditions or held for detention, this is referred to as a?

a) Crown counsel
b) Evidence in chief
c) Reverse onus hearing
d) Show cause hearing

A

d) Show cause hearing

89
Q

T/F: The ladder approach to release must be considered by the crown and the justice when deciding on release of an accused…

A

TRUE

90
Q

From the offences listed below, which is a straight indictable offence.

a) Assault
b) Assault cause bodily harm
c) Aggravated assault
d) Assault with a weapon

A

c) Aggravated assault

91
Q

T/F: Assault bodily harm is a lesser and included offence of assault (level 1)

A

FALSE

92
Q

T/F: Assault with intent to resist arrest can be laid against a person that assaults another person with intent to resist or prevent the lawful detention of themselves or another person.

A

TRUE

93
Q

T/F: A peace officer that is assaulted must be in the lawful execution of their duty to charge assault peace officer.

A

TRUE

94
Q

T/F: A person needing medical attention as a result of being assaulted will always be a charge of assault cause bodily harm.

A

FALSE

95
Q

T/F: To charge someone with assault with a weapon the victim must have also suffered bodily harm.

A

FALSE

96
Q

No consent is obtained where the complainant submits or does not resist to the application of force due to:

a) Personation
b) Party to the offence
c) Fraud under $5000
d) Threats or fear of the application of force

A

d) Theats or fear of the application of force

97
Q

You and your partner are walking the beat in uniform and you are approached by a complainant running up to you and out of the breath. The complainant tells you that another person wearing a blue shirt ran out of a doorway yelling and screaming and shook their fist in the complainant’s face. The complainant was afraid the person was going to hit them, so they ran away and are now reporting it to you. The person in the blue shirt has committed the offence of?

a) Trespassing
b) Assault
c) Criminal harassment
d) Utter threats to cause bodily harm

A

b) Assault

98
Q

T/F: If someone threatens to punch you but makes no gesture towards you and you don’t believe they can punch you then you don’t have an assault.

A

TRUE

99
Q

T/F: In the criminal code s. 265(1) defines what constitutes an assault and applies to all forms of assault, including sexual assault, assault peace officer, assault with a weapon, assault causing bodily harm, aggravated sexual assault, etc.

A

TRUE

100
Q

You get called to a shopping mall and are told that a suspect destroyed a large ceramic planter in the patio seating area. You approach the suspect who is still there. They are visibly upset and explain to you that they were riding their bike when they fell into the planter. They are not hurt but you can see their bike is damaged. You will:

a) Arrest them for riding their bike on a sidewalk
b) Arrest them for mischief to property
c) Not arrest as they have not committed an offence
d) Charge them for not wearing a helmet

A

c) Not arrest as they have not committed an offence

101
Q

T/F: To arrest someone for voyeurism, you must find committing.

A

FALSE

102
Q

The definition of night as it pertains to the offence of trespass by night is?

a) 6:00PM to 6:00AM
b) 8:00PM to 6:00AM
c) 9:00PM to 9:00AM
d) 9:00PM to 6:00AM

A

d) 9:00PM to 6:00AM

103
Q

T/F: To prove the offence of cause disturbance the court must hear from independent witnesses that they were disturbed…

A

FALSE

104
Q

Trespass by night is a(n)?

a) Hybrid offence
b) Dual procedure offence
c) Summary conviction offence
d) Indictable offence

A

c) Summary convition offence

105
Q

Cause disturbance is a(n)?

a) Arrest procedure only
b) Dual procedure
c) Indictable offence
d) Summary conviction

A

d) Summary conviction

106
Q

T/F: For trespass at night you may arrest someone on reasonable grounds.

A

FALSE

107
Q

T/F: For the offence of voyeurism an offender must have surreptitiously observed or made a recording of someone only for a sexual purpose.

A

FALSE

108
Q
A
109
Q

Procedural law is _______________.

A

An instruction manual for the police.

110
Q

What are the 3 offence classifications found in the criminal code?

A

Summary

Dual Procedure

Indictable

111
Q

A criminal offence is a violation of _______________.

A

Any Federal Law

112
Q

For the purposes of arrest, all _________________ offences will be considered indictable.

A

Dual Procedure

113
Q

Where can you find the definitions for Summary Conviction and Indictable Offence in the Criminal Code?

A

Interpretation Act

Section 34

114
Q

What are the two key aspects of “find committing”?

A

Seeing the person actually committing an offence.

Seeing the person actually committing an offence and then pursuing that person immediatel and continuously until that person is arrested.

115
Q

What is the definition of “reasonable grounds”?

A

An arresting office must subjectively have reasonable grounds on which to base the arrest. Those grounds must, in addition, be justifiable from an objective point of view. That is to say, a reasonable person placed in the position of the officer must be able to conclude that there were reasonable grounds for the arrest.

116
Q

When is an arrest accomplished?

A

When you take or get physical control of someone with intent to detain.

117
Q

When is a person considered to be psychologically detained?

A

When police conduct is in such a manner that a citizen concludes that they have no choice but to comply then they are psychologically detained.

118
Q

What are some of the factors that will be considered to gauge if psychologically detention occurred?

A

Minority status

Physical stature

Mental condition

Location of interaction

Duration

Age

Language used

Level of sophistication

Singling out

119
Q

Where is the section that gives arresting persons the authority to use force found in the criminal code?

A

Section 25(1)

120
Q

If an arresting person is acting on reasonable grounds and is authorized by law to do anything in the administration/enforement of the law is ____________ in using as much force as necessary for that purpose.

A

Justified

121
Q

Anyone who ____________ is justified in assisting any person who is authroized by law to execute a process or carry out a sentence.

A

Acts in Good Faith

122
Q

What is the definition of “acting in good faith”?

A

With an honest intention and free from any knowledge of irregularity.

123
Q

What are the ONLY circumstances where force that is likely to cause grievous bodily harm or death justified?

A

Person believes on reasonable grounds that it is necessary for the self-preservation of the person OR;

The preservation of any one under that person’s protection from death or grievous bodily harm.

124
Q

When is a peace officer justified in using force that is likely to cause grievous bodily harm or death?

A
  • Making lawful arrest
  • Person may be arrested without warrant
  • The person takes flight to avoid arrest
  • Reasonable grounds force is necessary to protect the peace officer or person lawfully assisting them from imminent or future grievous bodily harm or death AND
  • The flight cannot be prevented by reasonable means in a less violent manner
125
Q

Every one who is authorized by law to use force is _______________ for any ___________ thereof according to the nature and quality of the act that constitutes the excess.

A

Criminally responsible

Excess

126
Q

What are the requirements for justified use of force to prevent the commission of an offence?

A

If committed, the person could be arrested without warrant AND;

Likely to cause immediate and serious injury to the person or property of anyone.

127
Q

Where in the criminal code is a person justified in using force to defend themselves?

A

Section 34

128
Q

Where in the criminal code does it state that a person has the right to be tried within a reasonable time?

A

Consitution Act/Charter

Section 11

129
Q

What is the deciding factor in regards to the exclusion/admissibility of evidence in court proceedings?

A

Whether or not the exlclusion/admission would bring the administration of justice into disrepute.

Section 24(2)

Charter

130
Q

Any one may arrest without warrant a persom whom he ___________ an ___________.

A

Finds committing

Indictable offence

131
Q

Anyone may arrest without warrant a person who on ____________ he believes has committed a ____________ AND is ___________ and ____________ by persons who have lawful authority to arrest that person.

A

Reasonable grounds

Criminal offence

Escaping from

Freshly pursued

132
Q

An owner or person in lawful possession of property may arrest a person without warrant if they ____________ a ______________ on or in relation to that property.

A

Find committing

Criminal offence

133
Q

Anyone other than a peace officer who arrests a person without warrant shall __________ deliver the person to a peace officer.

A
134
Q

In any circumstances where a person initially accepts their rights to counsel and then rescinds them and communicates a willingness to talk to a peace officer, the officer shall read them….?

A

Prosper Warning

135
Q

What does the R.C.A acronym stand for?

A

Recognize

Classify

Authority

136
Q

What are the reasons for which people are arrested? (PIC Acronym)

A

Prevent the continuation

Investigate further

Court appearance (ensure)

137
Q

A peace officer may arrest without warrant a person who has committed an __________ OR who, on reasonable grounds, he believes has committed OR is about to commit an _________ offence.

A

Indictable

Indictable

138
Q

A peace officer may arrest without warrant a person whom he ______________ a criminal offence.

A

Finds committing

139
Q

A warrant in the first instance is also referred to as a ….?

A

Bench Warrant

140
Q

What is a Breach of the Peace?

A

Procedural arrest authority used to de-escalate a situation if not other authorities exist.

141
Q

What are the steps to a proper arrest?

A
  1. Identify yourself as a police officer
  2. Tell the person they are under arrest (Judge’s Rule)
  3. Tell the person the reason for the arrest (s10(a) Charter and 29(2) CC)
  4. Take physical control
  5. Inform them of their rights to counsel (s10(b) Charter)
  6. Ensure they understand the reason for their arrest and their rights to counsel
142
Q

What is the purpose of the secondary caution?

A

Remove minor inducements

143
Q
A

Ontario Police College (OPC) (5 decks)

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