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OPC > Law > Flashcards

Law Flashcards

1
Q

What is Law?

A

Rules of conduct that protect everyone’s rights.

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2
Q

Legal system comes from 3 types of law…

A

Common Law - Early or traditional law
Statute Law - Laws enacted by government
Case Law - Laws based on previous court decisions

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3
Q

Constitution of Canada is the…

A

Supreme Law

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4
Q

Procedural Law is an instruction manual for…

A

The Police

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5
Q

Substantive Law is an instructional manual for…

A

The Citizens

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6
Q

The Ontario Court of Justice hears criminal and provincial prosecutions?

A

True

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7
Q

What are 3 classifications of offences?

A
  1. Summary Conviction
  2. Dual (Hybrid)
  3. Indictable
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8
Q

A criminal INFORMATION is…

A

A sworn document that initiates a charge against a person.

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9
Q

Who may lay criminal information under oath before a justice or judge if they have reasonable grounds to believe an indictable offence has been committed?

A

Anyone

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10
Q

Acronym needed for facts in issue?

A

T.I.P.P.
T- Time and Date
I- Identity
P- Place
P- Plus elements

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11
Q

What does AND mean?

A

In addition to

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12
Q

What does OR mean?

A

One -or- the other

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13
Q

What does May mean?

A

Permits discretion

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14
Q

What does SHALL mean?

A

Imperative; a duty to perform “must”

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15
Q

What does SHALL NOT mean?

A

Duty to not perform “must not”

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16
Q

What does FORTHWITH mean?

A

Immediately

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17
Q

What does CONVEYANCE mean?

A

A motor vehicle, vessel, aircraft or railway equipment.

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18
Q

An aggravated assault is what classification of offence?

A

Indictable

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19
Q

There are _____ parts of the criminal code?

A

28

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20
Q

What does R.C.A. stand for?

A

R- Recognize
C- Classify
A- Authority

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21
Q

What is a Subpoena?

A

A form served on the witness to ensure court attendance and to direct the witness to bring any needed records or documents.

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22
Q

What is the definition of FINDS COMMITTING?

A

Seeing the person actually committing the offence (caught in the act); OR seeing the person actually commit an offence and pursuing that person immediately and continuously until that person is arrested

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23
Q

A criminal offence is a violation of any…

A

Federal Statute

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24
Q

When is a pilot deemed to be a peace officer?

A

When in flight.

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25
Q

Psychological detention is a suspension of someone’s?

A

Liberty

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26
Q

Justified means…

A

Protected from Criminal or Civil Liability.

27
Q

If a person feels they have no choice but to comply this is known as?

A

Psychological Detention

28
Q

What does Act in Good Faith mean?

A

An honest intention and free from any knowledge of irregularity.

29
Q

What are 3 ways we can be led to REASONABLE GROUNDS?

A

-Confession
-Credible Witness
-Circumstantial

30
Q

Categories of Law?

A

Procedural- police instruction manual
Substantive- citizens instruction manual

31
Q

Levels of court…

A

Supreme Court of Canada
Supreme Court of Ontario
Superior Court of Justice (Criminal/Red Book)
Ontario Court of Justice (Criminal/Red Book)
Provincial Offences Court

32
Q

What is a warrant?

A

Legal document issued by court that commands a Peace Officer to arrest person and bring them to court.

33
Q

Why you should arrest?

A

PIC
P- Prevent continuation of offence
I- Investigate
C- Court (ensure they attend)

34
Q

No jury offences?

A

553 C.C.

35
Q

S.494 (1) Arrest Without Warrant

A

Any one may without warrant,
*a person whom he finds committing an indictable offence;
*a person who ho, on reasonable grounds, who believes
i) has committed a criminal offence; AND
ii) is escaping and freshly pursued by persons who have lawful authority to arrest the person

36
Q

S. 494 (2) C.C. Arrest by Owner, etc., of Property
-Owner
-Person in lawful possession
-Person authorized by the owner
-Person in lawful possession of property

A

May arrest a person without a warrant if they FIND COMMITTING a CRIMINAL OFFENCE on or in relation to that property; AND
a) make the arrest at the time
b) make the arrest within reasonable time after the offence is committed and they believe on reasonable grounds that it’s not feasible in the circumstance for peace officer to make an arrest

37
Q

S. 494 (3) C.C. Delivery to Peace Officer

A

Anyone other than a peace officer who arrest a person without warrant shall forthwith deliver the person to a peace officer

38
Q

S.495 (1) C.C. Arrest Without Warrant by Peace Officer

A

A peace officer may arrest without warrant:

A person who has committed (present) an indictable offence OR who, on reasonable grounds he believes has committed (past) or is about to commit (future) an indictable offence

A person whom he finds committing a criminal offence; OR

A person in respect of whom he believes has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in part XXVIII in relation there to, is in force within the territorial jurisdiction in which the person is found

39
Q

Steps to ARREST

A
  1. Identify yourself as a Police Officer
  2. Tell the person he is under arrest
  3. Tell the person the reason for the arrest
  4. Take physical control
  5. Inform him of Rights to Counsel
  6. Ensure he understands his rights

Read Caution, and Secondary Caution if applicable

40
Q

4 P’s of Limitations

A

Protection of Public
Protection of Accused
Protection of Property
Prevent Breach of Peace

41
Q

A peace officer SHALL NOT arrest a person without warrant for:

A

S.495 (2) C.C.
-553 indictable offences
-Dual procedure offences
-Summary Conviction
-on REASONABLE GROUNDS that P.R.I.C.E. is satisfied

42
Q

What is P.R.I.C.E.S.? (Release)

A

P- Public Interest (4 P’s)
R- Repetition or continuation of the offence
I- identity of the accused
C- Court (ensure attendance)
E- Evidence
S- Safety and Security of the victim

43
Q

Where a peace officer DOES NOT ARREST, he may issue an appearance notice for…

A

*553 indictable
*Dual Procedures
*Summary Conviction
S.496 C.C. Issue of Appearance Notice by Peace Officer

44
Q

The duty of everyone who arrest a person, with or without warrant, to give notice when;

A

S.29(2) C.C. Notice Upon Arrest
-the process or warrant under the arrest is made; or
-the reason for the arrest

DUTY UPON ARREST

45
Q

What does S.10 of Charter of rights state? DUTY UPON ARREST

A

Everyone has right on arrest or detention to
-be informed promptly of the reason
-right to counsel without delay
-have validity of detention determined by court (habeas corpus) and be released if unlawful (bail hearing)

46
Q

What is public law?

A

Criminal Law-crimes and punishment
Constitutional Law-relationship between branches/levels of government; limits government; protects rights and freedoms
Administrative Law-actions/ operations of government

47
Q

What is private law?

A

Sets rules between individuals.

48
Q

What does the Charter of Rights Protect?

A

Fundamental Freedoms
Democratic rights
Mobility rights
Legal rights
Equality right
Language, rights
affirms: Aboriginal, and treaty rights

49
Q

Section 7 of Rights and Freedoms?

A

Life, Liberty, Security of Person

50
Q

Section 8 of Rights and Freedoms?

A

Search and seizure

51
Q

Section 9 of Rights and Freedoms?

A

Detention and imprisonment

52
Q

Section 10 of Rights and Freedoms?

A

Arrest or detention

53
Q

What is a summary conviction?

A

-minor offence
-Less complex court
-Ontario court of Justice
-charge initiated within one year
-fine of 5000 or less two years less a day or both

54
Q

What is dual (hybrid) procedure?

A

-criminal offence may be tried by summary conviction or indictment
-Crown chooses or elects
-Indictable until crown elects to proceed by summary conviction

55
Q

What is Indictable?

A

-serious criminal offence, Max sentence, increased fines
-complex court proceedings
-14 years or more imprisonment
-preliminary inquiry (evidence)
-No time limit for prosecution to commence

56
Q

a) person to whom a peace officer has issued an appearance notice under section 497 and,
b) person arrested for a criminal offence

A

Accused

57
Q

Belief (to believe) must be met before certain powers can be employed (use of force, arrest, search)

A

Reasonable grounds
(suspicion is not enough)

58
Q

Subjectively have reasonable grounds on which to base the arrest in addition be justifiable from an objective point of view

A

Subjective justification

59
Q

Fax, causing a reasonable person to believe suspect has committed the offence

A

Objective justification

60
Q

Is used to assist in proving the voluntariness of a statement to comply with the judges rule

A

Primary caution

61
Q

Is used to remove any minor inducements from other officers that have spoken to the accused

A

Secondary caution

62
Q

Arrest

A

Physical control with intent to detain

63
Q

Need one to arrest: acronym

A

P public interest
R repetition
I identity
C court (fail to attend)
E evidence

64
Q

Offence Notice (Provincial) Part 1

A

Set Fine
Max fine $1,000 (before surcharges)
7 days to file in court
30 days to serve after offence date
No imprisonment
Can’t use for 12-15 years

OPC (11 decks)

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