Law Final Flashcards
What is Law
A written custom established by formally governing bodies with authory. There are sanctions for non compliance.
What is the rule of law?
No one is above the law. All members of society and government are treated equally.
What is section 24?
Provides remedies.
What are the 7 remedies?
1) Acknowledgment
2) Adjournment - did not receive full or timely disclosure
3) Adjournment - plus expensives
4) Exclusion of evidence - evidence obtained in a way that breaches chater rights.
5) Released on application of “Habeas corpus”
6) Reduction of sentence
7) Judicial stay of proceedings.
What is the maximum penalty for Summary conviction?
2 years less a day and/or $5000 fine.
What are 4 types of law?
1- Public - offenses against society
2- Private - offences between private citizens (groups, corporations, companies)
3- Criminal - deals with criminal and quasi-criminal (fines, tickets)
4- Civil - demands compensation for wrongdoings
What are the 4 main levels of court?
1- Alberta supreme court - cases that have come up through the system.
2- Alberta court of appeal - hears from the Kings bench court.
3- Alberta Kings Bench court - hears indicatable offenses and appeals from the provincial court. Only Kings Bench, no higher.
4- Alberta Provincial Court - hears summary offenses and certain indictable offenses at the discretion of the crown, only in the provincial court. No higher.
Extra: Alberta Administration Tribunal - often seems as quasi - judicial ex: saferoads and safety codes canada.
What are 3 types of offenses?
1- Summary offenses - less serious - 2 years less a day and/or $5000 fine
2 - indicatable offenses - more serious - life imprisonment
3 hybrid offenses - more offenses, proceeds to summary unless the crown chooses otherwise.
According to the YCJA, what is the definition of a young person?
In the absence of evidence, a young person appears to be the age of 12 or older but less than 18 years of age.
What is common law?
Judge made law development through time by judges - caselaw.
What makes you lawfully placed.
On duty, in uniform, within jurisdiction.
What’s the difference between endorsed and unendorsed form 7 warrants
1-Endorsed warrants have been signed - person is arrested but can be released on paperwork (appearance notice)
2 - unendorsed warrants - not signed - subject is arrested and brought in to speak to the JP for bail or JIR hearing.
What are the common law powers to search?
1 - Informed consent search
2 - Incident to lawful arrest
3 - Strip search
4 - Plain view
5 - Search Pursuitant to Investigative Detention.
What is an Informed Consent Search?
1 - Voluntary
2 - person in position to give consent (has operating mind)
3 - Person has legal authority to give consent ( owns or controls the property)
4 - Person giving consent has full awareness of:
- What they are consenting to
- The consequences of giving consent
- Thier right to refuse to give consent
5 - Consent can be revoked at any time.
What gives us statutory authory to search and/or seize ?
- Sec. 51 (1) Judicature Act (identity and weapons screening in courtroom and court houses.
- Other provincial statutes : GLCA
- Standard Operating Procedures (SOPs) observed illegal item will be seized.
- Search Warrant
What are privacy interests?
1 - Personal privacy - bodily fluids, DNA
2 - Territorial Privacy - home, hotel room, areas around your home.
3 - Informational Privacy - personal info, bank info, medical health records.
What are 3 types of evidence?
1 - Oral Evidence - spoken
2 - Documentary Evidence - reports, a hard copy, emails, texts.
3 - Physical Evidence - weapons, clothing, vehicles.
What is POPA? And what does it apply to traffic stop guide lines ?
Provincial Offenses Procedure Act - made by the provincial government - it dictates the processes of how to lay charges under provincial and municipal bylaws offenses.
- provides officers with authory to arrest and issue tickets.
What are the 4 evidentrary issues?
1 - Direct Evidence : fact based. The person saw the crime committed
2 - Circumstantial Evidence: Evidence of something not in question : Subject leaves scene with bloody knife, no lt direct evidence of the crime.
3 - Admissions and Confessions : All peace officers are considered a person of authority : Voluntariness of such a statement must prove beyond a reasonable doubt.
4 - Hearsay evidence: Evidence is relayed from what they have heard to others.
What is character evidence?
- Evidence of a person’s “bad character” is not admissible at their trial.
- Character Evidence is admissible during sentencing.
What are the consequences for not acting?
S. 219 Criminal Negligence.
S. 220 Causing Death by Criminal Negligence
S. 21 Parties to the offense.
What do you do for crime scene management?
1 - Close off area
2 - Identify witnesses
3 - Contact supervisor
4 - Document everything
5 - Maintain the integrity of the scene
What is section 8 of the charter?
Right to be secured against an unreasonable search and seizure.
What is Section 9 of the charter?
The right to not be arbitrarily Detained.
What is section 10 of the charter?
Rights upon Arrest.
What is section 11 of the charter?
Rights of the Accused.
What is section 24?
“Remedies” to anyone whose charter rights have been proven to have been violated.
What sections give us our “use of force”
Section 25 (1)(b)
Section 26 - Excessive Force
Section 27 - Prevention of offense
Section 34 - Self-defense
Section 35 - Defense of property
What are the YJCA principals?
1 - Rehabilitation and reintegration.
2 - Accountability
3 - Enhanced procedural protections
What are the duties of the officer for arresting?
1 - Identify yourself
2 - Identify the subject
3 - Announce arrest and offenses committed
4 - Read charter section 10 (a) or (b)
5 - Search arrested subject
6 - Notify POJ.
What is proper court etiquette ?
Dress and deportment, bring incident papers (notes) only speek to crown, no jargon
What are the 3 sources of law
- Constitution law
- Common law
- Statutes and bylaws
What are the threshold to arrest.
1- Reasonalble suspicion. Lowest
2- Reasonable belief. Middle
3- Finds committing. Highest
