LAW 4

Question 1

5 most common crimes in Canada?

Answer 1

Mischief
Theft from auto
Shoplifting under $5000
Assault
Other theft under $5000

Question 2

Why does North central have the most crimes?

Answer 2

A lot of poverty in north central, cheaper rent and old houses

No business opportunities

People there rent and landlords don’t take care of properties

Over-policing

Question 3

Why did Joker become bad?

Answer 3

His wife died so he was upset

Question 4

Three options available to a police when it is believed an offence has been committed?

Answer 4

The police have three options available in the apprehension and charging of a suspect. They can:
1)Issue an appearance notice
2)Arrest the suspect
3)Obtain a warrant for arrest

Question 5

What are appearance notices?

Answer 5

For summary conviction offences, hybrid offences, and less serious indictable offences, the police may issue an appearance notice.

The accused must sign the document and be given a copy.

Indicated offence and time of court

The officer will then swear information before a judge or justice.

Question 6

Arrest?

Answer 6

For more serious indictable offences, the police will arrest the suspect. The arresting officer must?
1)identify himself
2) advise the accused they are under arrest
3) inform the accused of charges
4) touch the accused to signify that he or she is legally in custody

Question 7

What is the purpose of an arrest?

Answer 7

To lay a charge
Preserve evidence
Prevent the accused from committing a further offence.

Question 8

How much force may a police officer use when making an arrest?

Answer 8

If the accused resists arrest, a police officer can use as much force as necessary to prevent escape. Even force that is likely to cause death or grievous bodily harm can be used if it protects others from death or body harm.

In 1994 a bill passed by parliament allows the use of deadly force when:
1) the behaviour of a suspect poses a threat of serious harm or death
2) The suspect flees in order to escape arrest
3) no other violent means exist to prevent escape

Question 9

What liability is associated with the use of excess force?

Answer 9

The police may be criminally liable for the use of necessary force.

The intent is to ensure that “police response to the threat posed by a fleeing suspect is in pro portion to the seriousness of that threat and in keeping with current public values.”

Question 10

In what circumstances may a police officer make an arrest?

Answer 10

Any officer can arrest without a warrant if there are reasonable grounds to believe that a person has committed an indictable, offence, is committing an indictable or a summary offence, or is about to commit an indictable offence.

Have a warrant for arrest.

Question 11

Warrant for arrests?

Answer 11

If the accused flees, the officer can swear an information before a judge or justice, who can then issue a summons that is delivered to the accused.

If the officer can demonstrate that the accused will not appear in court voluntarily, a warrant for arrest will be issued.
It names or describes the accused, sets out the offence, and orders that the accused be arrested.

The warrant is valid within the territorial jurisdiction until the accused is arrested.

In the case of immediate pursuit, the warrant is valid everywhere in Canada.

A Canada-wide warrant can also be obtained if the police believe that the suspect has escaped to another province.

A judge or justice who does not believe that there are reasonable grounds to believe that the accused has committed the offence can refuse to issue either a summons or a warrant.

Question 12

When may citizens make an arrest?

Answer 12

494.

(1) Any one may arrest without warrant
(a) a person whom he finds committing an indictable offence; or
(b) a person who, on reasonable grounds, he believes
(i) has committed a criminal offence, and
(ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person.
(2) Any one who is
(a) the owner or a person in lawful possession of property, or
(b) a person authorized by the owner or by a person in lawful possession of property, may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.

A citizen must know whether an offence has been committed or, in the case of someone being chased, whether the peace officer has legal authority to arrest.

Question 13

When is a citizen obliged to help make an arrest?

Answer 13

Citizens may also be involved in Preventing crime and/or making an arrest if they are commandeered by an officer to give assistance, as set out in the Criminal Code.

Question 14

Three levels of police in Canada?

Answer 14

Federal: RCMP (Royal Canadian mounted police)

Provincial: OPP (Ontario provincial police), sûretè due Quebec (SQ). In other provinces, RCMP serves as the provincial police.

Municipal: Moose Jaw police department.

Municipal: enforce municipal laws
Federal and provincial: carry out the duties of municipal police in localities that don’t have their own municipal force.

Question 15

Police conduct?

Answer 15

Police are responsible for their conduct and can be charged for a breach of conduct.

Each province has a board full of citizen’s police conduct complaints.

But the police have to make life threatening judgements really fast.

Question 16

What general power does a police officer have?

Answer 16

Section 25 of the Criminal Code states that a peace officer “is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.”

Question 17

Why is it important that police officers keep good logs?

Answer 17

The officer must keep an accurate log of what was witnessed. The log, what is remembered, and the conduct of the officer in making an arrest and interrogating the accused are frequently the most important factors in determining the acceptance of evidence by the court.

Question 18

What is detention?

Answer 18

Anytime the police stop and talk with a person, if the person feels like they are not able to leave or exit the encounter
The person is not charged with a crime, but is not able to leave either.

They can detain you if they have reasonable grounds to believe you are connected to a criminal offence. They say you can’t go.

Question 19

What is arrest?

Answer 19

If the police have a probable cause to believe a person has committed a crime, and brought more significant restrain on a person’s movement. Ex: handcuffs, being taken to a police station, etc.

Involved being charged with a crime and physical restrain.

Question 20

Citizens rights on arrest?

Answer 20

be informed promptly Of the reason for arrest

• Informed of right to retain counsel duty counsel

• Right to refuse to answer questions

-be informed of these rights by policies in a manner they can understand (regardless of sobriety, mental capacity, language)

• If an accused asks for a lawyer, all questions must stop

• Right to as many phone calls as reasonable.

Question 21

Police rights for arrest

Answer 21

Upon arrest, police may:

-Search accused upon arrest for evidence

-Right to take accused to a police station for more “thorough” search.

-May photograph it fingerprint accused (indictable only)

-do not have right to force a “line up”, polygraph, or get samples of blood or body fluid.

Question 22

What is carding?

Answer 22

Police are not supposed to detain unless they have a reason or suspicion.

However, consider the practice of carding - That is stopping, and gathering information lIke name, residence, associates, etc, from random people on the street.

= Big deal? In general, police stop and card people seen as suspicious. In general, police card minorities and people of colour more often than those considered white.

Question 23

Benefits and harms of carding?

Answer 23

Benefits?
You might have who the victims associates are to the crime if there’s a bunch of info in the database. It’ll create a database of suspects so police can make connections.

It helps for police promotions.

Harmful?
If it happened often, people get agitated so they act violently and people get hurt and arrested for no reason.

In databases, you get connected to gangs because your information is entered in. The record says “not police friendly” so when you’re stopped again, they pull up that file.

Question 24

Why do we need warrants?

Answer 24

Want search warrants to search the residence of an accused to find evidence related to a charge.

Question 25

Obtaining a search warrant?

Answer 25

An officer must swear before a judge or justice that an offence has been committed and that there are reasonable grounds to believe the evidence of illegal activity is in the premises.

If grounds are accepted, the warrant is issued.

If an informer says evidence is on the premises to the officer, to get the warrant, you must outline why the informer is reliable.

Question 26

Telewarrants??

Answer 26

Can be obtained by telephone or other telecommunication means such as fax.

Lets you get a warrant fast before evidence is destroyed.

Question 27

Using the search warrant?

Answer 27

Can only search residence in the date indicated between 6AM-9PM unless otherwise stated.

Can only search areas and items outlined in the warrant itself. Only items on the warrant can be seized unless illegal items used for the commission of a crime are found. But these items must be found while carrying out the terms of the warrant, or be in plain view.

Sike see item can be kept for up to 3 months, or for longer for evidence.

Question 28

Search Laws and rules?

Answer 28

Police demand to be admitted. If permission is refused or no one is at home, the police are entitled to break into the premises.

Answered can ask to see warrant
Document must have no errors

Police can only search a person after arrest, unless they believe that the person possesses illegal drugs, liquor, or weapons.

Question 29

Publishing information?

Answer 29

The criminal code made it a summary offence to publish the name of a location searched, or the name of the occupants, unless a charge was laid or the occupants gave their permission.

Question 30

Technologies and search

Answer 30

Video surveillance, tracking devices, and telephone recorders can be used with a permission of a judge, so long as they don’t interfere with a Persians bodily integrity or property.

If it is video surveillance where a person has a reasonable expectation of privacy, the warrant must contain terms and conditions to ensure the privacy of the person is respected.

Question 31

Searching non residences

Answer 31

Exceptions to search laws have to do with drugs, liquor, and illegal weapons.

Narcotics control act: any place that is not a residence, as well as the people inside it can be searched without a warrant, if there is reasonable belief the building contains drugs that are illegal or the people in it possess narcotics.

Only if getting a warrant is im practice
Don’t have to give prior announcement for surprises

Need a warrant to search residences.

Question 32

Searching automobiles

Answer 32

An automobile can be searched without a warrant if a police officer believes it contains illegal liquor that will be used for an unlawful purpose.

Also for lands, but not dwellings.

Question 33

Checking for illegal weapons?

Answer 33

Any place except a dwelling can be searched without a warrant for illegal weapons. Includes vehicles.

Police can seize any unrestricted weapon if a registration certificate or a possession licence can’t be produced.

Can seize any fire arm from someone younger than 16 who fails to produce a possession permit.

Prohibited weapons can always be seized.

Question 34

Specific acts and laws

Answer 34

Fish and game laws: permit an officer to search cars or land for violations of the law without a warrant.

Food and drug act; allow police to seize items in act

Question 35

Charged with a crime flow chart

Answer 35

If the offence has a less than 5 year sentence, the accused is released with the promise to reappear.

Arrested:
If the punishment if greater than 5 years.
The must see a judge within 24 hours for a bail hearing

They plead guilty or not guilty, if the accused pleads not guilty: they are released on promise to appear unless crown proves they are a threat to society or will not appear.

Question 36

Bail release procedures?

Answer 36

If released, the accused is required to sign an undertaking, and to fulfill any of its conditions. These conditions might include avoiding people, places, witnessed, reporting in.

The accused may possibly enter into a recognizance with surety or recognizance without surety. A recognizance is a document which states that the person recognizes that it is alleged that he or she committed an offence, and promises to return to court.

A surety is a person who is willing to make a payment on behalf of the accused. By signing the recognizance, the surety acknowledges that if the accused does not show up for trial an amount of money will have to be paid. The accused may also be released without surety on his or her own recognizance, having paid a sum of money.

Question 37

Show cause for release:

Answer 37

The accused has the right to a show-cause hear-ing, so that he or she may be released pending trial. In the situations listed below, it is up to the accused to show cause why he or she should not be kept in custody until trial where:

Scenarios the accused may not be released untiltrial?
> You are denied bail immediately so the Onus is on the defendant to prove they should get bail

1)Already on release for another indictable offence
2) Not a Canadian resident
3) charged with failure to appear :breach of conditions
4) Charges drug-related: traficking importing
-Unless they can sHOW CAusE for their release

Question 38

If judges are unconvinced and bail is denied?

Answer 38

If the accused is not released by the justice, he or she is entitled to appeal the decision to a higher court.

Or they can wait in jail until the trial

if they are kept without being arrested or are denied a bail hearing, he or she can ask for a writ of habeas corpus.

Question 39

Denial of bail?

Answer 39

Denial of bail:

> In general, it is the onus of the crown, to convince a justice of the peace that bail should be denied for the following reasons:
Justice of peace decides if the bail will be denied:
1) Danger to society
2)likely to reoffend or breach conditions.
3) seriousness of crimes and criminal history
4) Public-outrage

Question 40

Fingerprints and photographs:

Answer 40

If offence is indictable and accused is released they can get fingerprinted and photographed.

Question 41

Collecting evidence:

Answer 41

Crown and defence examine exhibit is
Use forensic science: scientist is obtain clues of a crime from blood hair fingerprints.

To identify:
Can you fingerprint scanners
DNA matching
Analyze blood- indicates a possibility

Question 42

Under what circumstances can a judge issue a warrant for obtaining a sample of a bodily fluid for dna testing?

Answer 42

the Criminal Code was amended in 1995 to permit police to obtain samples of bodily substances by way of a warrant from a person who is reasonably believed to have been a party to certain designated Criminal Code offences.

Question 43

Court appearances:

Answer 43

the first court appearance for those who are arrested and not released is a show-cause hearing.

The second appearance is either to set a trial date or to ask for an adjournment, which puts the matter over to a later date and gives the accused time to obtain legal advice.

At the second appearance, a provincial court judge will indicate in which court the case will be tried.

The three possibilities are determined by the offence:

Question 44

Preliminary hearings?

Answer 44

The preliminary hearing enables the provincial court judge to decide whether there is sufficient evidence to proceed with a trial in a higher court.
If there is not, the accused will be discharged,. If there is , the trial date is established.

At the preliminary hearing, the Crown presents some of its evidence. The Crown prosecutor has only to make a prima, facie case; that is, present enough evidence to convince the judge that a reasonable jury could find the accused person guilty on the evidence available.

It is not necessary at this stage to prove that the accused is guilty beyond a reasonable doubt.

The defence can cross-examine Crown witnesses. All evidence is recorded and may be referred to at trial

Frequently, disclosure of the evidence to the defence results in a guilty plea. It is possible that increased disclosure of evidence by the Crown before the preliminary hearing would eliminate the need for preliminary hearings.

Question 45

Plea bargaining

Answer 45

Before trial, the defence attorney may ask the client if he or she wishes to plea bargain. The lawyer may feel the evidence against the accused is very compelling and, therefore, propose that the accused plead guilty to a lesser charge in the hope of receiving a lesser sentence. A guilty plea to a lesser charge benefits the court as well, saving both time and costs, makes it unnecessary to select a jury, and frees the courts for other cases.

A process in which the crown and the accused make a deal, usually resulting in the accused pleading guilty to a lower penalty.

Question 46

Pretrial motions?

Answer 46

Adjournment: delay because a material witness is absent.

Change of venue: if the accused is unlikely to receive a fair trial because of media reporting of the case

Inspection and testing: the accused has the right to inspect or test evidence the crown may have.

Quash or amend: indictment on technicality, might not have specific date or place

Admissibility of evidence: charter motions determine if certain evidence can be presented at a trial

Separate trial: when a person is charged with other people or for more than one offence.

Question 47

Causes of crime:

Answer 47

Drugs and alcohol
Mental illness
Poverty
Peer pressure
Anger rage

Question 48

When do you have to stop and let the police ask you questions?

Answer 48

When they arrest or detain you

Question 49

What three rights do you have?

Answer 49

Right to remain silent
Right to talk to a lawyer
Right to be told of what’s happening

Question 50

3 circumstances you must identify yourself to the police?

Answer 50

Detained after an accident
Break a law on a bicycle
Break municipal laws

Question 51

3 circumstances you’d be better off answering police questions and showing I’d?

Answer 51

If the police are looking for someone else- avoid arrest
If they think you have committed a criminal offence and you don’t tell them who you are you could get arrested
If you commit a minor offence you could just promise to appear

Question 52

When are police allowed to detain you? How do you know if your being detained?

Answer 52

The police can detain you if they have reasonable grounds to believe you’re connected to a criminal offence they are investigating. You aren’t allowed to go.

Question 53

3 of your rights and obligations while being detained

Answer 53

Right to remain silent
Right to pat you down
Right to be told why you’re being detained