Introduction Flashcards
What is the law?
rules of conduct that protect everyone’s rights
a series of rules that govern societies
What is Public Law?
rules between the individual and society including criminal law, constitutional law and administrative law
What is Private Law?
rules between individuals - civil cases
What does RCA stand for?
Recognize the offence
Classify (indictable, dual, summary)
Authority (to arrest)
What are the three types of law?
Statute Law - enacted by government (criminal code, HTA, By-laws)
Common Law - early traditional law, not written down
Case Law - judge made law from previous cases (R v. Feeney, R v. Godoy)
What is Procedural Law?
instruction manual for police, outlines how law is to be enforced and administered
What is Substantive law?
instruction manual for citizens, consists of the rights and duties of each person in society
Rights and Freedoms in Canada - LSDA 24?
section 7 - life, liberty and security of a person
section 8 - Search and Seizure
section 9 - Detention or Imprisonment
section 10 - arrest or detention
section 24 - remedy
Facts in Issue and TIPP?
elements that must be proved in court, sworn in an information
Time of the offence
Identity of accused
Place of the offence
Plus elements of offence
How does a court process?
an information (form 2)
names accused and outlines charges against them, sworn before a JP, placed before the court
What is a Peace Officer?
includes a police officer, police constable, bailiff constable, or other person employed for the preservation and maintenance of the public peace or for the service or execution of a civil process
What is Finds Committing?
- seeing the person actually committing the offence
OR - seeing the person commit the offence and pursuing immediately
summary offences must be finds committing
What is Reasonable Grounds?
arresting officer subjectively believes he has reasonable grounds, justified from an objective point of view
What are the three C’s?
Confession - good indicator for grounds
Circumstantial - difficult to get reasonable grounds
Credible Witness - good indicator for grounds
What is Arrest?
a person who accompanies a peace officer with the understanding or belief that their liberty has been taken away, same as being handcuffed, have to tell them they are under arrest and take physical control
intent to detain = LIBERTY TAKEN AWAY
