Final Exam

Question 1

What is SARA in Problem Oriented Policing

Answer 1

Scan
Analyze
Response
Assess

Question 2

How many protected grounds are there under Human Rights? (Know 8)

Answer 2

15
Race
Religious beliefs
Colour
Gender (includes transgender, pregnancy and sexual harassment)
Gender identity
Gender expression
Physical disability
Mental disability
Age
Ancestry
Place of origin
Marital status
Family status
Sexual orientation
Source of income

Question 3

What are the three criteria for taking an intoxicated person into custody under the gaming, liquor, and cannabis act (R v.Tisdale)
“Be able to articulate very well”

Answer 3

Section 115 of the GLCA
- Nuisance or disturbance
- Danger to self or others
- Unable to care for themselves

Question 4

Trespass to premises act - The notice of trespass may be given in what three ways

Answer 4

• Verbal
• Written
• Signage

Question 5

What must you do when trespassing someone and before physically removing them

Answer 5

Give every reasonable opportunity to leave before physically removing

Question 6

What is the definition of trespass

Answer 6

Wrongful entry onto land or buildings

Question 7

Arrest under Trespass to Premises Act

Answer 7

Section 5(1) TPA: A trespasser may be apprehended without warrant by
(a) any peace officers
(b) The owner or an authorized representative of the owner of the premises in respect of which the trespass is committed

Question 8

Difference between self harm and suicide?

Answer 8

Self harm: Cutting, burning, biting, punching, head banging
Suicide: Intent, severity, behavior and frequency, number of methods used

Question 9

What authority do we have to transport someone under a form 10?

Answer 9

We do not have authority to transport but we do have a duty to care (FORTEY)

Question 10

Consider the following when dealing with someone suffering from mental health (barriers)

Answer 10

Noise/volume
Language
Perception and Prejudice
Personal Space

Question 11

Form 10 criteria requirements? (4 things)
(Multiple choice answer)

Answer 11

The person apprehended is
- Suffering from mental health disorder
- Likely to cause harm to the person or others or to suffer substantial mental or physical deterioration or serious physical impairments
- Subject to a community treatment order and is not complying with the order
- The person apprehended should be examined in the interest of his safety or safety of others
- The circumstances are such that to proceed under section 10 of the MHA would be dangerous

Question 12

What is section 53 of the Police Act and how does it pertain to Section 115 of the Gaming, Liquor, and Cannabis Act?

Answer 12

• The police service of jurisdiction will have a lockup/holding facility which may be used to house persons arrested under S115 of the gaming, liquor, and cannabis act
• We do not issue tickets for public intoxication, solely duty of care

Question 13

Transporting liquor in an open container - What fine are you issuing? and what is the section number and charge for the gaming, liquor and cannabis regulations?

Answer 13

Fine: $120
Section: 87.1 (2)(a) of the Gaming Liquor and Cannabis Regulations AR143/96
Charge: Transport liquor in an open container

Question 14

Gaming, liquor, and cannabis act - When can a person consume liquor or cannabis in their vehicle?

Answer 14

When it is a temporary residence

Question 15

Gaming, Liquor, and Cannabis Act - Minors

Answer 15

• No minor may purchase or attempt, obtain, possess or consume liquor.
  The exception is when given in a residence or temporary residence by their guardian or parent
• No minor may purchase or attempt, obtain, possess or consume cannabis

Question 16

Arrest vs Crisis?

Answer 16

In the case of medical crisis vs arrest, the priority is the medical crisis

Question 17

Duty of care Case law?

Answer 17

• Forte vs. Canada

Forte had a head injury, police gave him 3 options
1. go home 2. go to hospital 3. ill arrest you
ended up arresting him. later found he wasn’t doing well in cells. had hemmatoma ..rushed to hospital and had significant brain damage as result. police should’ve taken any decision making out of his hands because of how intox he was. forte sued and won 60% of his brain injury was based on not receiving treatment

Question 18

Majority of in custody deaths are a result of?

Answer 18

Overdose, and alcohol intoxication

Question 19

Arrest under Traffic Safety Act Section 169
Authorizes an arrest on reasonable grounds by a peace officer when the person has committed an offence and?

two points
Written question on test

Answer 19

1 the person will continue or repeat that contravention if not arrested, or

2. has provided the peace officer with inadequate or questionable information as to the person’s identification.

(J walking and won’t provide ID and or to prevent the commission of an offence or stop the repetition of it)

Question 20

In what order do emergency services arrive at an accident / order of precedence

TSA 63(3) Use of highway and rules of the road regulations

Answer 20

1. Fire
2. EMS
3. Police/Law enforcement
4. Utilities
5. other agencies (Bylaw)

Question 21

Contrary to Section 61 Use of highway and rules of the road regulations when can you direct traffic? / (activate emergency equipment?)

Answer 21

1. To ensure the orderly flow of traffic
2. to prevent injury or damage to person or property
3. To permit an accident or emergency to be dealt with

Question 22

What is the law of evidence?

Answer 22

The body of legal rule “regulating the means by which facts may be proved” in court

Question 23

What is evidence

Answer 23

“The evidence of a fact is that which tends to prove it - something which may satisfy and inquirer of the facts existence”

Question 24

3 forms of evidence?

Answer 24

Oral
Documentary
Things

Question 25

How much weed can you have on your person?

Answer 25

30 grams

Question 26

Evidence - Burden of proof - Criminal vs Civil?

Answer 26

Criminal: Beyond a reasonable doubt Civil: Balance of probabilities (Greater than 51%) *Burden of proof is on the person who initiates the proceedings*

Question 27

Evidence - What is burden of proof?

Answer 27

When you consider the evidence in total, it must come to a level of certainty given the type of case you are dealing with - This falls on the person who initiates the charge

Question 28

3 Evidentiary Issues (know the differences and be able to explain direct evidence)

Answer 28

-Direct Evidence – evidence of a fact based on a witness’s personal knowledge or observation of that fact. -Circumstantial Evidence – evidence that doesn’t establish guilt in a straightforward sense, but it gives rise to an inference of guilt. -Hearsay Evidence – The evidence of those who relate, not what they know themselves, but what they have heard from others.

Question 29

When can you consume cannabis or liquor in a vehicle

Answer 29

When it is your temporary residence

Question 30

What hospitals can accept mental health patients under form 10?

Answer 30

Only ones that are equipped to do so - PLC - Foothills medical centre - Rockyview general hospital - South Health campus

Question 31

When arresting under form 10 (Mental health act) you must have reasonable and probably grounds that the person is?

Answer 31

Suffering from mental health, and likely to cause harm to themselves or others

Question 32

Define Compellability

Answer 32

When a witness is forced to give relevant evidence compelled by a subpoena

Question 33

Define Competence

Answer 33

Competence is about a witnesses capacity to give truthful and reliable evidence

Question 34

What are the two court rooms for APPNOT?

Answer 34

CMO for criminal JPC for Provincial

Question 35

What are the YCJA ages?

Answer 35

12-17

Question 36

YCJA - Extrajudicial Measures?

Answer 36

Ways to deal with less serious youth crime outside of the court system, presuming learning entities who can learn from their mistakes and make better decisions in the future, becoming productive members of society.

Question 37

YCJA - Extrajudicial Sanctions criteria (Know what would make a youth incompatible for this)

Answer 37

- Young person is 12-17 years old inclusive - Is a first or second time offender - The young person accepts the offence - Has been advised of the right to be represented by counsel and has been given reasonable opportunity to consult with counsel - It is deemed appropriate - There is sufficient evidence to proceed with a prosecution

Question 38

YCJA - Notice to a parent? (Written notice of hearing)

Answer 38

- Must be given in writing if it is a part 2 - Part 3 try your best to contact the parent

Question 39

Problem Oriented Policing - What is a problem? Be able to write this

Answer 39

A group or pattern of crimes, cases, calls or incidents that are of concern to the public or police, or both, that require a solution

Question 40

What five things need to be on an appnot

Answer 40

Docket number Offence Offence date Location Mandatory court or fine Ensure to write the day “Monday” (MBL 4M81 transit)