Introduction to Law, Courts, Charter, and Powers of Arrest

Question 1

What are the two categories of law in the Canadian Criminal Justice System?

Answer 1

Criminal and Civil
(pg.5)

Question 2

What are the three levels of government that can grant you authorities in your role as a Peace Officer?

Answer 2

-Federal
-Provincial
-Municipal (AHS Peace Officers do not enforce Municipal Bylaws)
(pg.6)

Question 3

What are the three levels of court available to Albertans?

Answer 3

-Provincial Court of Alberta
-Court of King’s Bench of Alberta
-Supreme Court of Canada
(pg.7)

Question 4

What are the three categories of criminal offences in Canada?

Answer 4

-Indictable Offences
-Summary Offences
-Hybrid Offences (dual procedure)
(pg.12)

Question 5

The book lists 5 offences that AHS Peace Officer will commonly deal with. What are they?

Answer 5

-Theft
-Possession of Property Obtained by Crime
-Assault
-Uttering Threats
-Mischief
(pg. 13&14)

Question 6

What is the new law that is targeted towards the healthcare setting, which passed during covid?

Answer 6

Intimidation - Health Services (423.2)
(extra pages at end of chapter)

Question 7

How many sections are there in the Charter?

Answer 7

33
(pg.16)

Question 8

Section 7 of the Charter forms the foundation for our legal rights in Canada. What are these rights?

Answer 8

Everyone has the right to LIFE, LIBERTY, and SECURITY of the person, except in accordance with the principles of fundamental justice.
(pg. 19)

Question 9

What does Section 8 of the Charter cover?

Answer 9

Search and Seizure

Everyone has the right to be secure against unreasonable search and seizure.
(pg. 20)

Question 10

Why can’t anyone, including Alberta Community Peace Officers, arbitrarily detain another person?

Answer 10

Section 9 - Detention or Imprisonment

Expanding upon Section 7’s guarantee of liberty, Section 9 states that Everyone has the right not to be arbitrarily detained or imprisoned.

(pg. 21)

Question 11

What Section covers Rights Upon Arrest or Detention?

Answer 11

Section 10

Everyone has the right on arrest or detention:

a) Be informed promptly of the reason therefor;
b) To retain and instruct counsel without delay and to be informed of that right;
c) To have the validity of the detention determined by way of habeas corpus (procedure) and to be released if that detention is not lawful
(pg. 22&23)

Question 12

If an individual were to have their charter rights infringed upon, such as being unlawfully detained, what section of the Charter aids them in seeking recourse?

Answer 12

Section 24 - Remedies and Evidence
(pg. 23)

Question 13

As a Peace Officer in the province of Alberta, under what section of the criminal code are you authorised to make arrests?

Answer 13

Section 494(1) for everyone and additionally, 494(2) for AHS Peace Officers (authorised agents of the property).
(pg. 26)

Question 14

Under what circumstances can a Peace Officer in Alberta release a subject that they have placed under arrest?

Answer 14

You can only release the arrested subject to the custody of a federally defined Peace Officer. 494(3)
(pg. 26)

Question 15

What element must be present for an arrest to be made under Section 494?

Answer 15

Finds Committing
(pg. 27)

Question 16

Should you be searching a subject incidental to arrest, what are you allowed to search for and seize?

Answer 16

-Weapons
-Tools of Escape
-Evidence directly related to the offence for which the individual is being arrested
(pg. 28)

Question 17

What is the most significant difference between 494(1) and 494(2)?

Answer 17

494(1) only allows for arrest pertaining to indictable offences, 494(2) enables arrest for any criminal offence (both indictable and summary).
(pg. 27)

Question 18

What is taken into account to determine ‘reasonable grounds’ for an arrest?

Answer 18

The information available to the officer and circumstances leading to the arrest (subjective experience).

Would a reasonable, objective person placed in the position of the officer come to the same conclusion?

(pg.30)