Final Review Flashcards
What is FRMA
Forest Resource Managment Act
What are the 3 primary licenses in FRMA
-Forest Managment Agreement (20 years)
-Term Supply (10 years)
-Forest Protection Permit (max 1 year)
What is Subsistence Gathering?
A person who gathers any forest product solely for ceremonial, consumptive, or medical use. Dead trees for fuel wood
What is the maximum height you can harvest for a Chritmas tree?
4 meters
What sections of FRMA are inspections under?
s70 and s71 of the act
Inspections
-planned compliance checks
-licenses
-tags
-safety
-rules
Investigations
-reasonable and probable grounds that an offense has occurred
-search warrants
-evidence
-prosecution
How often must a FRMA holder have an independent audit?
Every 5 years
What are Admin Penelties?
-already licensed under the act
-compliance tool
What are Forest Products?
-anything delivered from forestry use or consumption or commercial use such as
-lumber
-paper
-fodder for livestock
What is Stare Decisi
Stand by decided matters, decisions of higher court in same jurisdiction are binding authority on lower courts
What are the 4 levels of court? (highest to lowest)
- Supreme
- Saskatchewan Court of Appeal
- Saskatchewan Court of King’s Bench
- Provincial Court of Saskatchewan
What is Jurdicial Precedent?
Allows judges to refer to judgements from courts outside their jurisdiction, but they are not bound by them
What is jurisprudence?
The science of law, 3 branches
-analytical
-sociological
-theoretical
What does YCJA stand for?
Youth Criminal Justice Act
Who is the YCJA for?
Young federal offenders, young person (12-17), special forms, protect young persons rights
What are the rights for a young person?
-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
What example of case law deals with the check stop program?
R vs. Iron
What example of case law deals with inspections and authorities?
R vs. Stengler
What example of case law deals with decoys? (Not considered entrapment)
R vs. Sigurson and R vs. Rivers
What is Ultra Vires
Beyond the Powers
What is Mens Rea
Guilty mind
-element of being criminally responsible mentally
What is Actus Rea
Guilty body
-the element of being physically guilty of committing said crime
Who are Juvenile Offenders?
Youth aged 12-15 commiting offences against provincial legislations
Who are children?
Youth 11 and under, may bot prosecuted of any crime
How do you proceed with Juvenile Offenders?
-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
What does EMPA stand for?
Environmental Management and Protection Act
What section of EMPA deals with littering?
s50
What section of EMPA deals with displacement of bed, bank or boundary?
s38(4)
What section of EMPA deals with general and main pollution?
s8
