Final Review

Question 1

What is FRMA

Answer 1

Forest Resource Managment Act

Question 2

What are the 3 primary licenses in FRMA

Answer 2

-Forest Managment Agreement (20 years)
-Term Supply (10 years)
-Forest Protection Permit (max 1 year)

Question 3

What is Subsistence Gathering?

Answer 3

A person who gathers any forest product solely for ceremonial, consumptive, or medical use. Dead trees for fuel wood

Question 4

What is the maximum height you can harvest for a Chritmas tree?

Answer 4

4 meters

Question 5

What sections of FRMA are inspections under?

Answer 5

s70 and s71 of the act

Question 6

Inspections

Answer 6

-planned compliance checks
-licenses
-tags
-safety
-rules

Question 7

Investigations

Answer 7

-reasonable and probable grounds that an offense has occurred
-search warrants
-evidence
-prosecution

Question 8

How often must a FRMA holder have an independent audit?

Answer 8

Every 5 years

Question 9

What are Admin Penelties?

Answer 9

-already licensed under the act
-compliance tool

Question 10

What are Forest Products?

Answer 10

-anything delivered from forestry use or consumption or commercial use such as
-lumber
-paper
-fodder for livestock

Question 11

What is Stare Decisi

Answer 11

Stand by decided matters, decisions of higher court in same jurisdiction are binding authority on lower courts

Question 12

What are the 4 levels of court? (highest to lowest)

Answer 12

1. Supreme
2. Saskatchewan Court of Appeal
3. Saskatchewan Court of King’s Bench
4. Provincial Court of Saskatchewan

Question 13

What is Jurdicial Precedent?

Answer 13

Allows judges to refer to judgements from courts outside their jurisdiction, but they are not bound by them

Question 14

What is jurisprudence?

Answer 14

The science of law, 3 branches
-analytical
-sociological
-theoretical

Question 15

What does YCJA stand for?

Answer 15

Youth Criminal Justice Act

Question 16

Who is the YCJA for?

Answer 16

Young federal offenders, young person (12-17), special forms, protect young persons rights

Question 17

What are the rights for a young person?

Answer 17

-right to retain counsel without delay at any stage of proceedings
-must be informed of their rights upon being charged
-notify young persons guardian in writing
-include the name of the person, charge, time, and place
-can not be held with adults
-must be turned over ASAP for processing

Question 18

What example of case law deals with the check stop program?

Answer 18

R vs. Iron

Question 19

What example of case law deals with inspections and authorities?

Answer 19

R vs. Stengler

Question 20

What example of case law deals with decoys? (Not considered entrapment)

Answer 20

R vs. Sigurson and R vs. Rivers

Question 21

What is Ultra Vires

Answer 21

Beyond the Powers

Question 22

What is Mens Rea

Answer 22

Guilty mind
-element of being criminally responsible mentally

Question 23

What is Actus Rea

Answer 23

Guilty body
-the element of being physically guilty of committing said crime

Question 24

Who are Juvenile Offenders?

Answer 24

Youth aged 12-15 commiting offences against provincial legislations

Question 25

Who are children?

Answer 25

Youth 11 and under, may bot prosecuted of any crime

Question 26

How do you proceed with Juvenile Offenders?

Answer 26

-use SOTI tickets
-exception will be made if Juvenile Offenders are intoxicated in a public place
-if publicly intoxicated must be released to parent or guardian

Question 27

What does EMPA stand for?

Answer 27

Environmental Management and Protection Act

Question 28

What section of EMPA deals with littering?

Answer 28

s50

Question 29

What section of EMPA deals with displacement of bed, bank or boundary?

Answer 29

s38(4)

Question 30

What section of EMPA deals with general and main pollution?

Answer 30

s8