Federal Statutes

Question 1

553 Indictables

Answer 1

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

Question 2

What is Law

Type of law

Answer 2

a series of rules that govern society

• Common Law
• statute Law
• Case Law

Question 3

Categories of Law

Classification of offences

Answer 3

Procedural Law
Substantive Law

Summary, dual/hybrid, Indictable

Question 4

Facts in issue

RCA

Answer 4

T-Time & Date
I-Identity
P-Place
S-Specific to the offence

Recognize
Classify
Authority

Question 5

Ways to release on the street?

Answer 5

appearance notice

unconditionally (warning, summons)

Question 6

ways to release from station

Answer 6

Promise to appear
unconditionally
Recognizance (200km or out of province $500) w/undertaking

Question 7

Justified

Detain

Answer 7

Protected from civil and criminal liability

restraint of liberty other than arrest

Question 8

494(1) Citizens Powers of arrest

Answer 8

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

Question 9

494(2) citizens powers arrest

Answer 9

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

Question 10

494(3)

Answer 10

Delivery to peace officer

Question 11

Execution of duty

Lawful authority

Acting in good faith

Answer 11

• 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

Question 12

TINY RMM CONS

Answer 12

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

Question 13

Summary offence

TINY RMM CONS

(FFFF)

Answer 13

Soliciting
Attempt or access after the fact
Conspiracy to commit
Counseling to commit
Fraudulently obtain food/lodging
Fraudulently obtain transportation

Question 14

495(1)

Answer 14

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

Question 15

524(2) powers of arrest

Answer 15

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

Question 16

Peace officers 31 Breach of peace

Answer 16

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

Question 17

P.R.I.C.E.

Answer 17

Public interest(protect public, accused, property, breach of peace)
Repetition or continuance
Identity
Court
Evidence
Shall NOT arrest if PRICE is met

Question 18

P.R.I.C.E.S.

Answer 18

Public interest
Repetition or continuance 
Identity
Court 
Evidence
Safety & security of victim 
497 (1.1) Shall NOT release if PRICES is not met

Question 19

Duty upon arrest

Answer 19

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

Question 20

6 steps of arrest

Answer 20

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

Question 21

what is the only form that requires the signature of the accused

Answer 21

Undertaking

Question 22

Use of force

Answer 22

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

Question 23

Constitution Act
(the charter)

Answer 23

1. rights and freedoms set out are only subject to such reasonable limits prescribed by law
2. everyone has the right to life, liberty, & security
3. rights against unreasonable search or seizure
4. Right not to be detained or imprisoned
5. Right on arrest or detention
   -inform why
   -their rights to counsel
   -validity of detention determined by Habeus Corpus
6. 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
7. when charter violations apply evidence may be excluded if admission of proceedings would bring justice in disrepute

Question 24

Bail Hearings

Answer 24

Show cause

Question 25

ARREST WARRANTS

Answer 25

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)

Question 26

search and seizure

3 principles

Answer 26

-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:

Question 27

Hunter test

Answer 27

reasonable of privacy (REOP)
did accuse have REOP
did investigation interfere w/ accused etc

Question 28

Test of evidence

Answer 28

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)

Question 29

Search incident to arrest

Answer 29

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

Question 30

Define search

Answer 30

any investigation activity which infringes upon reasonable expectation of privacy

Question 31

Plain View Doctrine

Answer 31

Lawful presence
Discovery inadvertent
Apparently subject to seizure

Question 32

Exigent circumstances

sec 529

Answer 32

• preservation of life or safety
• loss, removal or distraction of evidence
• hot pursuit
• crime in progress
• exigency is not a convenience

Question 33

incident to arrest vs investigative detention

Answer 33

incident to arrest: need RGs for arrest

Investigative detention: search only for safety need only suspicion

Question 34

3 components needed for Investigative detention

Answer 34

1) Articulable cause/reasonable suspicion
2) Duty imposed by statute or common law (sec42 of PSA)
3) unjustifiable use of powers

Question 35

Psy/phys detention & rights

Answer 35

MUST read rights if subject under psychological or physical detention

Question 36

Dwelling house

Answer 36

Means the whole or any part of a building of a structure that is kept or occupied as a permanent or temp residence

Question 37

What is feeney

Answer 37

Arrest warrant to go onto persons property and arrest them

2 types CC Sec 529 & 529.1