General Flashcards
Protection Principles
- protect people from resource
- protect resource from people
- protect people from people
Role of the Park Patrol
- # 1 in communication
- create a good impression
- appear professional
- look at people when speaking to them
- be patient/keep your temper
- avoid argument, criticism, or judgement
- develop the ability to deal with the public while in stressful situations
In every encounter
there are three parties involved:
- department
- officer
- subject
What is the goal of enforcement?
voluntary compliance
federal government
has jurisdiction over matters that are national in nature (national defense, postal services, and criminal law)
provincial government
has jurisdiction over matters that were more local in nature such as property and civil rights and natural resources
Canadian Constitution section 7. Life liberty and security of person
“everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice”
Canadian Constitution section 8. Search and Seizure
“everyone has the right to be secure against unreasonable search or seizure”
Canadian Constitution section 9. Detention or Imprisonment
“everyone has the right not to be arbitrarily detained or imprisoned”
Canadian Constitution section 10. Arrest or Detention
“everyone has the right on arrest or detention
a. to be informed promptly of the reasons therefore;
b. to retain and instruct counsel without delay and to be informed of that right; and
c. to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful
Canadian Constitution section 11. Proceedings in Criminal and Penal Matters
Any person charged with an offence has the right
a-i
Canadian Constitution section 12. Treatment or Punishment
“everyone has the right not to be subjected to any cruel and unusual treatment or punishment”
Canadian Constitution section 13. Self-incrimination
(summation) “everyone has the right to be protected against self-incrimination”
Canadian Constitution section 14. Interpreter
“A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter”
Classification of an Offense
- Indictable
- Summary Conviction
- Dual Procedure/Hybrid Offense
Indictable Offense
involve acts or omissions prohibited by Federal Acts which are serious in nature ex) murder, rape, involve more time, expense
Summary Conviction
less serious criminal offences under Federal statutes and include all offences under provincial legislation
Dual Procedure/Hybrid Offense
some offenses may be prosecuted by either indictable or summary conviction. ex) carry concealed weapon, fish habitat destruction, all fisheries act offenses are dual procedure
Full mens rea
the crown must prove both the Actus Reus and Mens Rea aspect of an offense
Strict Liability
crown has proven that the accused has performed a prohibited act. The accused has the chance to exculpate himself by demonstrating that he has taken due diligence to avoid committing the offense. Most Fisheries Act offenses fall in this category.
Absolute Liability
like strict liability except there is no due diligence defense. The mere fact that a violation occurred is sufficient to convict.
Due Diligence
defense of taking all reasonable care to avoid committing an offence. Defendant must satisfy all of the requirements:
- act was committed to avoid immediate peril
- no other reasonable alternative existed
- the harm caused by the defendant was less than the harm avoided and
- they could not have foreseen the emergency
Reasonable and Probably Grounds (RPG)
To lay a charge you must have RPG. “the honest belief of the existence of a state of circumstances which, assuming them to be true, would reasonably lead an ordinary prudent cautious man, placed in the position of the accuser, to the conclusion that the person charged was probably guilty of the crime indicated”
Authority to write tickets
Provincial Offenses Act Subsection 7(1)
allows an enforcement officer who believes on reasonable grounds that a person has committed an offence for which there is a pre-set fine may commence a prosecution for that offence by completing a ticket in the prescribed form
Commencing proceeding a ticket
must have a pre-set fine and must be signed and dated by the Officer
Responding to a ticket
three ways to respond to a ticker
- pay the fine indicated on the ticket
- admit to the offence but seek a reduction in the fine or more time to pay the fine
- dispute the charge and request a hearing
Authority to seize evidence
under section 33(2) of The Provincial Offenses Act
When can a peace officer make an arrest
under the Provincial Offenses Act 47(1) to:
1. establish the person’s identity
2. secure or preserve evidence relating to the offense
3, prevent the continuation or repetition of the offense or the commission of another offense
How to Effect an Arrest
officer only needs “reasonable suspicion” to detain.
officer must have “reasonable grounds” to arrest.
Steps to follow:
1. identify yourself
2. place person under arrest by identifying your intention and taking control of the person
3. inform the person of charge
4. inform person of their legal rights (Charter Warning)
Reasonable force may be used to…
- stop dangerous and unlawful behaviour
- protect the peace officer or another person from injury
- protect the suspect from self-injury
- over come resistance to a lawful arrest
- prevent the escape of an arrested officer
reasonable grounds
a set of conditions or circumstances that would cause an ordinary, prudent individual to form a strong belief which goes beyond mere suspicion
use of force goal?
- voluntary compliance
- to resolve without use of force
Based on the criminal code of authority for an officer to use force; under what circumstances (3) is the officer protected from criminal and civil liability?
- he/she uses force in the lawfully executing of duties
- his/her actions are necessary based on reasonable grounds
- force is not excessive
What is resistance?
any action by another person that hinders your objective in the lawful execution of your duties
to justify force you must do three things (use of force framework)
- evaluate the subjects actions
- understand your force options
- take all circumstances into account to select a force option that is necessary to control the situation
survival reaction time
in any situation officers need to:
- perceive
- assess
- plan a response
- act on the situation
threat assessment
weapon, delivery system, intent
force variables
number of subjects, reaction time, subjects abilities (known/perceived)
one plus one doctrine
the one plus one doctrine is when the level of resistance can be countered by one level of force higher
level of resistance
- psychological intimidation
- verbal non compliance
- passive resistance
- defensive resistance
- assaultive behaviour
- grievous bodily harm/death
level of control
- officer presence
- verbal direction
- soft empty hand
- hard empty hand
- intermediate weapon
- lethal force
psychological intimidation
-this level involves your evaluation of a subject’s non-verbal body language ex) size, gang tattoos/colours, intimating insults
verbal non-compliance
-any verbal response from a person indicating unwillingness to comply ex) threats, boosts of fighting skills
Passive resistance
-lowest level of physical resistance. person refuses to respond to directions, but does not attempt to defeat physical contact ex) subject goes limp and makes you lift them
defensive resistance
-physical efforts that that interfere with office’s attempts at control. no attempt to strike or assault officers. ex) pulling or running away from officers
assaultive behaviour
-person assaults or threatens to assault officer or other persons and the officer believes that the assault will not have the ability to cause death or grievous bodily harm ex) punches, kicks, adopting a fighting stance
grievous bodily harm or death
-person may use a technique or weapon that could result in grievous bodily harm or death ex) very strong/skilled person who may cause this with empty hand techniques
officer presence
presence of an officer is enough to elicit compliance and cooperation ex) uniform, badge, marked vechile
verbal direction
effective communication can gain, or regain, voluntary compliance through clear verbal commands
soft empty hand control
physical control techniques that have a low potential for injuring a person ex) holding an arm, joint locks with hyperextension or hyper flexion, pressure point control
hard empty hand control
physical control techniques that have a higher probability of injuring a person, but are not intended to cause grievous bodily harm or death ex) striking techniques using an open hand, fist, forearm, leg, or foot
intermediate weapon
intent is temporarily incapacitate a person by overcoming their resistance ex) baton, OC spray
lethal force
any force likely to, or with the potential to, cause grievous bodily harm or death
under what 4 circumstances would the use of deadly force be justified?
- officer life is at risk
- public life is at risk
- officer is at risk of grievous bodily harm
- public is at risk of grievous bodily harm
What’re an officers alternatives or options when they ‘Act’?
Escalate, de-escalate, tactically repostion/disengage, communicate
10 Deadly Errors
- Bad attitude
- Taking a bad position
- Failure to recognize danger signals
- Poor or no body search
- Failure to handcuff
- Failure to Watch Hands
- Relaxing too soon
- False assumptions
- Sleepy or asleep on duty
- Tombstone courage
Body alarm reactions
- Coordination
- Critical decision making
- Unreliable mental track
- Tunnel vision
- Auditory exclusion
- General muscle tightening
- Time/space distortion
- Unrealistic expectations
Plus one Rule
Always assume there is another threat, do not assume you know the whole picture. If you see one subject, assume there is another. Keep alert so the “plus one” does not surprise you
Verbal Judo
Tactical 8 Steps:
- Greeting
- ID yourself
- Reason for your stop/encounter
- Ask for legal justification
- Driver, angling or hunting license
- Other ID, registration
- Decision
- Appropriate closure
5 step “hard style”
- Ask
- Set context
- Present options
- Confirmation
- Act
7 Tactical Principles
- Cover vs. Concealment
- Threat cues
- Time/distance ratio
- One plus one rule
- Verbalization
- De-escalate/disengage
- Survival mentality
