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