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Bruno OPC > Federal Law > Flashcards

Federal Law Flashcards

1
Q

What is Common law?

A

Early and traditional laws proven over years

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2
Q

What kind of law allows you to “Search Incident to Arrest”?

A

Common law

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3
Q

What is a “Criminal Information”?

A

A document that is sworn to, that initiates the charge against the accused.

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4
Q

When you are reading laws or legislation, and you read the word “shall”, does this mean you can use your own judgement or discretion?

A

No. If it says “shall” you MUST do it.

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5
Q

How many parts are in the Criminal Code?

A

28

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6
Q

Where are the definitions found in the Criminal Code? (3 locations)

A

1) In the Index
2) Within the specific sections
3) In section 2

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7
Q

What three groups are included in the definition of Peace Officer? What kinds of positions are in each group?

A

1) Public officials in law: mayor, warden, reeve, sheriff, deputy sheriff, sheriff officers and justice of the peace
2) Correctional services of CANADA: warden, deputy warden, instructor, keeper, jailer, guard, any permanent employee of a prison other than a penitentiary
3) Police people: police officer, police constable, bailiff, constable

Also: Anyone that is given this power by the law (The actual definition is really really long) and includes some cross-border officers, some Immigration officers, some Fishery guardians, some pilots, and more.

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8
Q

What does “Finds Committing” mean?

A

Seeing and following a person who has committed a criminal offence (and is caught in the act)

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9
Q

What is the definition of Detention?

A

a suspension of the individual’s liberty interest by a significant physical or psychological restraint (this includes arrest)

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10
Q

What is the difference between a summons and subpoena (pronounced soo PEE nah)

A

A summons is to compel an accused to court. A subpoena is for a WITNESS to attend a trial.

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11
Q

When must a citizen deliver an arrested person to a peace officer?

A

Forthwith (i.e. Right away)

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12
Q

Can a police offer arrest someone about to commit a summary conviction offence?

A

No

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13
Q

Can a police offer arrest someone they believe (on reasonable grounds) has committed a “Cause Disturbance in a Public Place”?

A

No

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14
Q

What are the categories for Section 553 CC?

A

Think “CUMMD” (like “We had sex and you CUMMD” :D

Compliance
Under
Moral
Miscellaneous
Drugs
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15
Q

What items are Under Offences (section 553)

A

Things UNDER $5000:

1) Theft (other than cattle/cows)
2) False pretenses (Stealing by using lies)
3) Possession of anything obtained by crime
4) Fraud
5) Mischief

Mischief does not include TESTMENTARY INSTRUMENTS (any will or document that creates, extinguishes, or transfers an interest in, or right to, an asset or property)
(If someone destroyed someone else’s conscorio ticket you can arrest them)

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16
Q

What is a testamentary instrument?

A

any will or document that creates, extinguishes, or transfers an interest in, or right to, an asset or property

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17
Q

What items are Miscellaneous Offences (section 553)

A

1) Counselling (convincing someone to be a part of a crime)
2) Conspiracy (planning a crime WITH someone)
3) Attempt to commit (trying to do a crime)
4) Being an accessory after the fact (helping someone escape after they have done a crime)

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18
Q

What items are Moral Offences (section 553)

A

Mostly gambling things:

1) Keeping a gaming or betting house (e.g. illegal casino)
2) Betting, pool-selling, book making (e.g. illegal sports betting of lots of money)
3) Placing bets for other people
4) Lotteries and games of chance (illegal gambling)
5) Cheating at play in a lottery (even a legal lottery)
6) Fraud in relation to fares (failing to collect a fare, like…for a subway or train)

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19
Q

What items are Compliance Offences (section 553)

A

1) Failure to comply with order or obligation under the National Defence Act (e.g. running away from conscription/recrutamento)
2) Providing false or misleading information (Breach of SOIRA orders- Sex Offender Information Registration Act)
3) Breach of recognizance
4) Breach of probation

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20
Q

What items are Drug Offences (section 553)

A

CDSA simple possession of schedule II drug

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21
Q

Under 495(2) of the CC, what can you not arrest for WITHOUT warrant?

A

1) Anything in 553
2) Any offence that could be prosecuted by indictment or punishable on summary conviction
3) Any offence that is punishable on summary conviction
4) Any case where you believe, on reasonable grounds, that the public interest can be satisfied without arrest, where you a) have or can identify the person, b) secure or preserve evidence relating to the offence, and c) can prevent the continuation or repetition of the offence or other offences (Basically PRICE is met and you can give them an Appearance Notice)
5) No reasonable grounds that if you don’t arrest, the suspect will fail to attend court.

(I don’t know why 2 and 3 have part of the same thing, but that is what’s there)

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22
Q

What is articulable cause?

A

A group of objective facts which give the detaining officer reasonable CAUSE to suspect that the detainee is criminally implicated in the activity under investigation (Note: reasonable CAUSE, not reasonable GROUNDS)

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23
Q

If you arrest someone, can you detain them under Articulable Cause?

A

No, because the standards that must be met for an arrest are HIGHER than the standards for Investigative Detainment (where Articulable Cause is needed)

Arrest needs reasonable and probable grounds that an offence has been committed. Remember, RPG needs both subjective AND objective proof.

Investigative Detainment only needs suspicion that an offence may have been committed. Suspicion does not require objective proof.

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24
Q

What do you need to perform an Investigative Detainment?

A

Articulable Cause (i.e. you can explain the reason) to BELIEVE a person is involved in criminal activity

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25
Q

What is PRICES?

A

Public Interest - Retaliation, Prevent offence from continuing
Repetition - Ensure they are not going to commit another offence
Identification - Verify ID of the suspect
Court - Ensure they will attend court
Evidence - Secure any evidence from suspect
Safety - Safety and security of victim/witness

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26
Q

What are the 4 P’s of Public Interest?

A

Protect Public
Protect Property
Protect Accused
Prevent Breach of Peace

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27
Q

Is consent obtained where the complainant submits, or does not resist to assault by Threats of Application of Force?

A

No

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28
Q

What is the charge if you are assaulted by someone in the execution of your duty?

A

Assault Peace Officer

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29
Q

Is “sexual purpose” required for an offence of voyeurism to be completed?

A

No

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30
Q

What kind of conviction is Cause Disturbance? And where can you arrest someone for it?

A

Summary conviction. Can arrest if committed at or near a public space

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31
Q

Does the charge of Assault include the offence of Threatening?

A

No, you must lay each of them

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32
Q

What is the definition of “Acting in Good Faith”?

A

Acting with an honest intention and free from any knowledge of irregularity

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33
Q

What section of the Criminal Code talks about self-defence?

A

Section 34

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34
Q

Which section of the Criminal code talks about officers who can use lethal force?

A

Section 25

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35
Q

What is the difference between an arrest and a charge?

A

Arrest is accomplished when you take or get physical control of a person with intent to detain; OR if they submit and accompany you with the understanding or belief that their liberty has been taken away.

Charge is when an information is sworn before a justice and a prosecution is initiated (no physical control required)

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36
Q

From lowest severity to highest, what are the methods of release? (10 methods)

A

1) Unconditional release
2) Appearance Notice/Summons
3) Undertaking to a Peace Officer
4) Release Order without conditions or financial obligations
5) Release Order without financial obligations
6) Release Order with Promise to Pay
7) Release Order with surety/promise to pay
8) Release Order with cash deposit and promise to pay
9) Release Order with surety/cash deposit/promise to pay
10) Detention

37
Q

When can you do an unconditional release?

A

Anytime before an information is sworn to

38
Q

What summons can you use to force an accused to attend a police station to be fingerprinted for a dual procedure offense?

A

Criminal summons

39
Q

When do you use PRICE and when do you use PRICES?

A

PRICE is used when you decide whether to arrest or not. PRICES is used when you decide whether to RELEASE or not.

40
Q

What is the definition of “Show Cause”?

A

produce satisfactory grounds for application of (or exemption from) a procedure or penalty. (e.g. when the crown proves at a bail hearing that PRICES has not been met and the accused should be released from custody)

41
Q

What is a weapon in the Criminal Code?

A

Almost anything can be a weapon if it is used or designed to be used as a weapon, or intended to be used as a weapon.

(BUT not ANYTHING can be a weapon. ALMOST anything can be a weapon. This is very specific wording)

42
Q

What is a switchblade? Is this a prohibited weapon?

A

A knife that can open when pressure is applied to a button.

Yes, it is a prohibited weapon

43
Q

What is the test pertaining to expectation of privacy called? What are the 7 parts of it?

A

Edwards Test
7 parts (APE POOH):
A- Ability to regulate access, including right to admit or exclude others
P- Presence at time of search
E- Existence of subjective expectation of privacy
P- Possession or control of property or place searched
O- Objective reasonableness of expectation
O- Ownership of property
H- Historical use of property

44
Q

What is the test pertaining to reasonableness of searching? What are the three parts of it?

A

Collins test
3 parts (MAL)
M- was the MANNER in which the search was carried out reasonable?
A- was the search AUTHORIZED by law?
L- is the LAW itself reasonable?
NOTE: A Warrant is NOT REQUIRED for a search to be reasonable

45
Q

What kind of law allows you to search a person at the time of arrest for items pertaining to escape, weapons and evidence?

A

Common law

46
Q

Why are you allowed to knock on people’s doors without violating their expectation of privacy?

A

Every occupant of a residence gives an implied invitation to knock

47
Q

What is the Plain View Doctrine? (3 items)

A

1) You must be lawfully present in the place (by warrant or otherwise)
2) The discovery was inadvertent (not intentional)
3) Articles discovered were CLEARLY incriminating

48
Q

What is the test for justified use of power to interfere with a person’s liberty or property? What are the two parts of it?

A

Waterfield Test
Does the conduct fall within the general scope of any duty imposed by statue or recognized common law?
If it IS within the general scope of duty, does the conduct involve justified use of powers associated with the duty?

49
Q

What are the 6 steps of consent?

A

1) There was consent, express or implied.
2) The giver of consent had the AUTHORITY to give it
3) Consent was VOLUNTARY
4) The giver of consent was aware of the NATURE OF POLICE CONDUCT to which they were being asked to consent to
5) The giver of consent was aware of the RIGHT TO REFUSE
6) The giver of consent was aware of potential CONSEQUENCES of the consent

50
Q

What is a Feeney warrant? When do you NOT need a Feeney warrant when you usually might need one?

A

A warrant that allows the police to enter a person’s property (home or business) to arrest the person whose name is on the warrant
Don’t need a Feeney warrant if in hot pursuit, or “exigent circumstances” (imminent danger and immediate action is required to prevent the loss, removal, destruction or disappearance of evidence.)

51
Q

Define “exigent circumstances”

A

circumstances where there is imminent danger and immediate action is required to prevent the loss, removal, destruction or disappearance of evidence.

52
Q

What requirements must be met for you to get or use a Feeney warrant to enter a private property? (2 types of Feeneys)

A

Two types:

529CC (entry AND arrest):
Must have reasonable grounds that
1) the person is in the property/dwelling
2) the person has committed or is about to commit an indictable offence

  1. 1CC (entry only):
    1) Authority to arrest already exists and no need for an arrest warrant
    2) Valid warrant in Canada for arrest AND reasonable grounds to believe the person is in the dwelling
    3) Ground exist to arrest without warrant under an authority other than the CC.
53
Q

What are the fundamentals of search and seizure?

A

The State’s need to investigate crime vs the right of individuals to be secure in legitimate private affairs

54
Q

What is the difference with regard to purpose, between Sexual Interference and other sexual charges (Sexual Assault, Sexual Assault Cause Bodily Harm, Aggravated Sexual Assault)

A

Sexual Interference requires that it is done with a sexual purpose. The others do not need to have a sexual purpose.

55
Q

What is the Hunter Standard?

A

All warrantless searches are Prima Facie unreasonable unless a warrant or authority tells otherwise

56
Q

When can you do a search without a warrant? (3 conditions), and what documentation do you need?

A

1) Articulable public safety concern AND
2) Articulable belief that firearms, etc will be found AND
3) Articulable belief there is possible danger to safety of one or more persons (exigent circumstances)

Need:

1) Return to Justice document
2) Must be made “Forthwith”
3) Must include appendix justifying the exigent circumstances
4) Application for Disposition within 30 days of seizure or property must be returned

57
Q

Can you charge someone with “shoplifting”?

A

No, the appropriate charge is “Theft”

58
Q

What is dishonest deprivation? What category charge should be laid for it?

A

Dishonest Deprivation = defraud (it is a verb, even if it doesn’t look like one–e.g. The Bad Guy Dishonest Deprivations the grandmother). To defraud someone is to illegally get money from them by lying
Fraud is the category of charge, not Theft

59
Q

What kind of charge is “Theft Over” (theft over $5000)? What does this mean?

A

Hybrid charge

Means that it does not HAVE to go to the Ontario Court of Justice

60
Q

What is the difference between Robbery and Theft?

A

Robbery must involve violence (and therefore harm). Theft does not have to be violent.

61
Q

You have charged a person for Robbery. There are no other people involved in the case other than the Robber and the Victim. The victim sustained a broken jaw during the robbery. Do you charge assault as well ?Why?

A

No, the violence part of the Robbery is included in the Robbery charge.

62
Q

What does “Joint Possession” mean? What are the three concerns to prove it?

A

Joint Possession = when more than one person is in possession of a single object or piece of property

Three concerns: Knowledge, consent, control

Knowledge: of its existence and knowing you should not have it
Consent: the person has given permission to the possession
Control: item is under the person’s control

63
Q

For the purposes of Break and Enter (section 348CC), what is considered a “place”? (4 categories)

A

1) a dwelling (uma casa)
2) a building or structure other than a dwelling
3) a railway vehicle, a vessel (a boat), an aircraft or a trailer (BUT NOT A CAR)
4) a pen or enclosure where fur-bearing animals are kept for breeding or commercial purposes

64
Q

What is the definition of “Break” in “Break and Enter”?

A

1) To break any part, internal or external OR

2) To open anything that is used or intended to close or cover an internal or external opening

65
Q

You do not have to break anything to “Break and Enter”. How else can you “Break and Enter?”

A

1) If you enter by threat or artifice (a lie) or by collusion with a person within (an agreement for someone to let you in)
2) If you enter without lawful jurisdiction or excuse by a permanent or temporary opening

66
Q

What are the four elements of “Break and Enter” that must be proved?

A

Break: They broke or opened something to enter
Enter: A part of them or something they were holding enters the space
A Place: Must fit the definition of “a place”
Intent: They must have the intent to commit an indictable offence

67
Q

If a member of a biker gang is hiking and gets lost in a winter storm, and breaks into a shop to stay warm and safe, why can they NOT be charged with Break and Enter? What elements of “Break and Enter” ARE met?

A

There was no intent to commit an indictable offence; and no indictable offence was committed.
Break is met: They forcibly entered the shop.
Enter is met: They entered the shop.
Place is met: The shop is considered a place.

68
Q

If a homeless person breaks into a car breaks the radio but does not steal anything, is this a “Break and Enter”? And why or why not?

A

It is not a “Break and Enter” because a car is not a Place

69
Q

What is the difference between the elements of “Break and Enter” and “Break and Enter to Steal a Firearm”?

A

Break: same definition
Enter: same definition
Place: Stealing a Firearm also includes any motor vehicle or container in addition to the regular Places
Intent: same defintion
B&E to Steal A Firearm is section 98(1), regular B&E is section 348

70
Q

What are the conditions for something to be a “Break-In Instrument?” (3)

A

1) It can be anything that was used or was intended to be used to break-in
2) the “Break” has to be any Place, Motor Vehicle, Vault or Safe
3) It must be reasonably inferred, given the circumstances that it was an break-in instrument

71
Q

What are the three ways someone can “Obstruct Peace Officer”?

A

1) Resist or wilfully obstructs (gets in the way of) of an officer in the execution of his duty OR anyone lawfully helping that officer
2) OMITS to assist (i.e. refuses to help) an officer in arresting a person or preserving the peace without a reasonable excuse, after having reasonable notice he is required to do so.
3) Resists or wilfully obstructs ANY PERSON in the lawful execution of a process against lands or goods, OR in making a lawful distress or seizure

72
Q

What are the two ways someone can commit “Personation”?

A

1) Falsely represents himself to be a peace officer or public offer (ie. pretends to be an officer)
2) If they are NOT a peace or public officer, USES a badge, any part of a uniform or equipment that causes people to BELIEVE he is an officer

73
Q

If someone has a stolen police badge in their pocket, can they be charged with Personation? Why or why not?

A

No, because they are not using it to pretend or make people believe he is an officer.

74
Q

What is the difference between “Mischief” and “Public Mischief”?

A

Mischief requires damaging or destroying property

Public Mischief has to do with false reporting of an offence or death

75
Q

What are the four ways someone can commit “Public Mischief”?

A

MUST HAVE INTENT TO MISLEAD

1) Make a false statement that accuses another person to be SUSPECTED of having committed an offence
2) Doing anything intended to cause another person to be SUSPECTED of having committed an office when that other person has not, OR in order to divert attention away from himself
3) Report that an offence has been committed when it has not
4) Report that someone has died when they have not died.

76
Q

What are the three elements required to prove “Unwanted Sexual Touching”?

A

1) Voluntary touching occurred (e.g. the person touched the victim on purpose)
2) Sexual nature of touching (e.g. the person did it in a way that was sexual)
3) Absent consent (the victim did not give consent to be touched)

77
Q

What is the difference between a Level 1, 2 and 3 charge in the sexual assault category?

A

Level 1: Sexual assault - basic sexual assault involving anything from grabbing to penetration
Level 2: Sexual assault WITH a weapon/cause bodily harm/threats to third party - Can be any or all of these together.
Level 3: Aggravated Sexual Assault: Must wound, maim (maim is another word for “severely injure”), disfigure, and/or endanger life.

78
Q

If someone sexually assaults a woman and makes her pregnant, what level of sexual assault COULD this be?

A

Level 1: Sexual assault, OR

Level 2: Sexual assault causing bodily harm (impregnation can be interpreted as bodily harm)

79
Q

In sexual assault, what is meant by, “Party to the offence”?

A

Two or more people involved in the offence (not including the victim)
Any or all of them can:
-commit the assault
-aid someone to commit the assault
-abet someone in committing the assault (“abet” is to encourage someone to do it)
-have a common intention to commit the assault even if they do not perform the assault (e.g. two guys plan to rape someone together but only one of them actually has sex in the rape)

80
Q

What is the difference between “Sexual Interference” and “Invitation to Sexual Touching”?

A

Both are for persons under age 16 as the victim
Sexual interference is when the person TOUCHES (directly or indirectly) the victim sexually, Invitation to Sexual Touching is when the person is TOUCHED (directly or indirectly) by the victim sexually by invitation/counsel/inciting

Direct touch is when you use your hands.
Indirect touch is when you use something to touch someone (like a stick, or a dildo)

81
Q

Sexual Exploitation is under the category of Child Sex Offenses. How old must the victim be to use this charge?

A

16 to under 18.

The rest of Child Sex Offences defines a young person as under 16.

82
Q

What kind of relationship (not necessarily romantic) must a suspect and a victim have to use the Sexual Exploitation charge?

A

1) suspect must be in a position of trust or authority towards a young person
2) the young person must depend on the suspect in that relationship
3) the relationship must exploit the young person

e.g. camp counsellor: is in a position of authority and trust. the young person depends on the camp counsellor to keep them safe. the counsellor has sex with them without considering the victim’s best interests.

83
Q

How are the rules different for the definition of consent in different age groups of young persons? What are the charges that CAN and CANNOT be laid if there is no consent?

A

12-13: can consent to sexual activity if less than 2 years age difference AND there is no position of trust/authority/dependency/exploitation
14-15: can consent to sexual activity if less than 5 years age difference AND there is no position of trust/authority/dependency/exploitation

Can lay “Sexual Interference” or “Invitation to Sexual Touching” but NOT “Sexual Exploitation”

16-18: can consent to sexual activity with no age difference limit AND there is no position of trust/authority/dependency/exploitation

Can lay “Sexual Exploitation” but NOT “Invitation to Sexual Touching”/”Sexual Interference”

84
Q

What is “Colour of Right” in theft?

A

When the accused honestly believes that they had a right to possess certain property, even though there was no true basis for the belief in fact or law

In cases of theft, it refers to an honest belief or mistake regarding the ownership of property.

(e.g. If you have a blue suitcase and I also have the same blue suitcase, and I take your suitcase at the airport by mistake, I believe the suitcase is mine even though it REALLY IS NOT mine, I can use “Colour of Right” as a defence against the charge of Theft)

85
Q

What is the role of police in evidence?

A 
PICT
Preserve
Identify
Collect
Tender (to present it to the proper authority)
86
Q

What is a restricted weapon?

A

There are no restricted weapons current defined.

Restricted is not the same as Prohibited

87
Q

What is a “Dine and Dash”? What kind of offence is it?

A

Dine and Dash: Eating at a restaurant and then leaving without paying.
Summary offence

88
Q

What is an EJM or EJS in Youth Justice?

A

Extrajudicial Measure (EJM) or Extrajudicial Sanction (EJS)

Extrajudicial means outside the court. EJM’s are measures that are designed to hold youth reponsible for having done something wrong without creating a youth “criminal” record.

An EJM can be a warning, a caution, or referral to a youth justice organization

An extrajudicial sanction (EJS) is a punishment something teenagers must do to make up for their crimes without going through a traditional court process.

An extrajudicial sanction gives teenagers a chance to repair the harm they caused the victim, if any. The victim has a say in the sanction the teen gets.

89
Q

When is sexual intercourse complete in the Criminal Code?

A

sexual intercourse is complete on penetration to even the slightest degree, whether semen is emitted or not

Bruno OPC (4 decks)

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