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Community Standards > Final Exam > Flashcards

Final Exam Flashcards

1
Q

What is SARA in Problem Oriented Policing

A

Scan
Analyze
Response
Assess

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2
Q

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

A

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

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3
Q

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”

A

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

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4
Q

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

A
  • Verbal
  • Written
  • Signage
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5
Q

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

A

Give every reasonable opportunity to leave before physically removing

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6
Q

What is the definition of trespass

A

Wrongful entry onto land or buildings

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7
Q

Arrest under Trespass to Premises Act

A

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

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8
Q

Difference between self harm and suicide?

A

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

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9
Q

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

A

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

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10
Q

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

A

Noise/volume
Language
Perception and Prejudice
Personal Space

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11
Q

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

A

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

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12
Q

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

A
  • 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
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13
Q

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?

A

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

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14
Q

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

A

When it is a temporary residence

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15
Q

Gaming, Liquor, and Cannabis Act - Minors

A
  • 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
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16
Q

Arrest vs Crisis?

A

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

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17
Q

Duty of care Case law?

A
  • 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

18
Q

Majority of in custody deaths are a result of?

A

Overdose, and alcohol intoxication

19
Q

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

A

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

  1. 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)

20
Q

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

A
  1. Fire
  2. EMS
  3. Police/Law enforcement
  4. Utilities
  5. other agencies (Bylaw)
21
Q

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

A
  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
22
Q

What is the law of evidence?

A

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

23
Q

What is evidence

A

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

24
Q

3 forms of evidence?

A

Oral
Documentary
Things

25
Q

How much weed can you have on your person?

A

30 grams

26
Q

Evidence - Burden of proof - Criminal vs Civil?

A

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

27
Q

Evidence - What is burden of proof?

A

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

28
Q

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

A

-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.

29
Q

When can you consume cannabis or liquor in a vehicle

A

When it is your temporary residence

30
Q

What hospitals can accept mental health patients under form 10?

A

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

31
Q

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

A

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

32
Q

Define Compellability

A

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

33
Q

Define Competence

A

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

34
Q

What are the two court rooms for APPNOT?

A

CMO for criminal
JPC for Provincial

35
Q

What are the YCJA ages?

A

12-17

36
Q

YCJA - Extrajudicial Measures?

A

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.

37
Q

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

A
  • 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
38
Q

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

A
  • Must be given in writing if it is a part 2
  • Part 3 try your best to contact the parent
39
Q

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

A

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

40
Q

What five things need to be on an appnot

A

Docket number
Offence
Offence date
Location
Mandatory court or fine

Ensure to write the day “Monday”
(MBL 4M81 transit)

Community Standards (3 decks)

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