Federal Statutes Flashcards
553 Indictables
201-Keep gaming or betting house 202-betting pool 203-placing bets 206lotteries & games of chance 209-cheating at play 210-keep common bawdy house 393-fraud in relation to fares 4(5)CDSA-3kg or less of cannabis traffic
What is Law
Type of law
a series of rules that govern society
- Common Law
- statute Law
- Case Law
Categories of Law
Classification of offences
Procedural Law
Substantive Law
Summary, dual/hybrid, Indictable
Facts in issue
RCA
T-Time & Date
I-Identity
P-Place
S-Specific to the offence
Recognize
Classify
Authority
Ways to release on the street?
appearance notice
unconditionally (warning, summons)
ways to release from station
Promise to appear
unconditionally
Recognizance (200km or out of province $500) w/undertaking
Justified
Detain
Protected from civil and criminal liability
restraint of liberty other than arrest
494(1) Citizens Powers of arrest
a person FINDS COMMITTING an Indictable offence
reasonable grounds has committed a criminal offence & is escaping from freshly pursued by person lawful authority to arrest
494(2) citizens powers arrest
the owner or person lawful possession of property or
a person authorized by owner may arrest w/o warrant a person whom he finds committing a criminal offence in relation to property
494(3)
Delivery to peace officer
Execution of duty
Lawful authority
Acting in good faith
- Lawful performing an identifiable and specific or special duty authorized by statute or common law
- Authorized by law, acting in good faith
- with an honest intention and free from any knowledge of irregularity
TINY RMM CONS
Trespass at night Interfere w/ boundary line or marine Night time water skiing Yuk (discharge stink bomb,possess) Religious worship (disturbance of) Meeting (public, posses of firearm) Motor vehicle (take w/o consent) Cause disturbance Obscene or harassing phone calls Nudity
Summary offence
TINY RMM CONS
(FFFF)
Soliciting Attempt or access after the fact Conspiracy to commit Counseling to commit Fraudulently obtain food/lodging Fraudulently obtain transportation
495(1)
Peace officer may arrest a person who has, is or will commit an indictable offence
- a person whom he FINDS COMMITTING a criminal offence
- a person in respect on RGs has a warrant out for their arrest
524(2) powers of arrest
a peace officer on RGs believes
a) the accused has contravened or is about to contravene any form of arrest/charge (app notice, promise to appear, undertaking, recog & summons)
b) has committed an indictable offence after any forms listed above
Peace officers 31 Breach of peace
occurs whenever harm is actually or likely to be done to a person or in his/her presence to his/her property.
-peace officer can only arrest
-must have witness breach of peace or RG a person is about to renew or join in
Use of breach of peace only a procedural arrest (no offence)
de-escalate situation
P.R.I.C.E.
Public interest(protect public, accused, property, breach of peace) Repetition or continuance Identity Court Evidence Shall NOT arrest if PRICE is met
P.R.I.C.E.S.
Public interest Repetition or continuance Identity Court Evidence Safety & security of victim 497 (1.1) Shall NOT release if PRICES is not met
Duty upon arrest
Sec 29
must give notice where it is feasible to do so if
-process or warrant under which he makes the arrest OR
-the reason for the arrest
Sec 10 of the Charter
6 steps of arrest
Identify your self as a Police officer tell then they are under arrest tell the reason why take physical control rights to counsel ensure they understand reason why and their rights
what is the only form that requires the signature of the accused
Undertaking
Use of force
CC Sec 25
(1) may use as much force as necessary if acting on RGs
(2) acting in good faith
(3) cannot used lethal force unless believes necessary for life
26. everyone authorized by law is criminally responsible
27. all may use force as necessary to prevent commission of offence
Constitution Act (the charter)
- rights and freedoms set out are only subject to such reasonable limits prescribed by law
- everyone has the right to life, liberty, & security
- rights against unreasonable search or seizure
- Right not to be detained or imprisoned
- Right on arrest or detention
-inform why
-their rights to counsel
-validity of detention determined by Habeus Corpus - everyone has the right to
w/o delay of specific offence
tried reasonable time
not compelled to be witness
innocent till guilty
not be denied bail w/o just cause - when charter violations apply evidence may be excluded if admission of proceedings would bring justice in disrepute
Bail Hearings
Show cause
ARREST WARRANTS
warrant in the first instance: sworn infront of justice
Bench warrant
committal warrant: ex. fail to pay
material witness warrant
*may arrest on provincial warrant other than Ontario due to RGs has committed indictable offence
495 (1)
search and seizure
3 principles
-reasonableness: search warrant or recognizable warrant less power(search incident to arrest)
-search or seizure: any investigative
activity which infringe upon reasonable expectations of privacy
-Judicial Pre-Authorization:
Hunter test
reasonable of privacy (REOP)
did accuse have REOP
did investigation interfere w/ accused etc
Test of evidence
R vs Grant
- seriousness of charter infringe state conduct
- impact of the breach on the charter. interest of the accused
- society’s interest (bring justice into disrepute)
Search incident to arrest
is a common law authority
W weapons
E evidence
E escape
may search area of reach in vehicle.
if vehicle is in possession we do inventory
Define search
any investigation activity which infringes upon reasonable expectation of privacy
Plain View Doctrine
Lawful presence
Discovery inadvertent
Apparently subject to seizure
Exigent circumstances
sec 529
- preservation of life or safety
- loss, removal or distraction of evidence
- hot pursuit
- crime in progress
- exigency is not a convenience
incident to arrest vs investigative detention
incident to arrest: need RGs for arrest
Investigative detention: search only for safety need only suspicion
3 components needed for Investigative detention
1) Articulable cause/reasonable suspicion
2) Duty imposed by statute or common law (sec42 of PSA)
3) unjustifiable use of powers
Psy/phys detention & rights
MUST read rights if subject under psychological or physical detention
Dwelling house
Means the whole or any part of a building of a structure that is kept or occupied as a permanent or temp residence
What is feeney
Arrest warrant to go onto persons property and arrest them
2 types CC Sec 529 & 529.1
