Legal Studies Flashcards
Define Law
(3 points)
- A written custom
- Established by an authorized governing body
- There are consequences for non-compliance
The #1 Rule of Law
No one is above the law
What are the Statutory Laws?
- Federal Legislation
- Provincial Legislation
- Municipal Bylaws
Give a minimum of 3 examples of Federal Legislation
Criminal Code
Youth Criminal Justice Act
Immigration
Give a minimum of 3 examples of Provincial Legislation
Gaming, Liquor, & Cannabis Act
Freedom of Information Privacy (FOIP)
Healthcare
Education
Give a minimum of 3 examples of Municipal Bylaws
Animal Control
Transportation
Utilities
Public Places
What is the threshold for criminal?
99%, beyond a reasonable doubt.
What is the threshold for civil?
51%, balance of probabilities
What is the Organization of Courts
(highest to lowest)
Supreme Court of Canada
Alberta Court of Appeal
Court of King’s Bench
Provincial Court of Alberta
Alberta Court of Appeal
Only hears Alberta appeals from the King’s Bench
Supreme Court of Canada
Only hears those that have come up through the system
Court of the King’s Bench
Hears indictable offences and appeals from the Provincial Court of Alberta
Provincial Court of Alberta
Hears summary offences & indictable offences ONLY if the offender chooses.
Common Law
aka “Judge made law” or “Case law”
It is developed through time by Judges following legal precedents, and can change over time.
Criminal Law
A federal statute which regulates peoples actions that deals with criminal or quasi-criminal offences.
The goal being to find someone not-guilty or guilty beyond a reasonable doubt (99%).
-State v. Person-
Civil Law
Regulates peoples responsibilities towards other people. Its compensation for someone else’s perceived wrong-doing. The goal being not-liable or liable based on the balance of probabilities (51%).
-Person v. Person-
What are the 3 types of offences
Summary, Hybrid & Indictable
Indictable Offence
The most serious offences. Offenders have a right to choose their mode of trial.
Hybrid Offence
The Crown chooses whether to proceed by indictment or summary conviction based on a myriad of factors.
Summary Offence
The least serious offences.
Very few pure summary offences.
Define Rights
Legal, moral, or social obligation established by the goverment and given to you usually with limitations.
i.e. the right to vote when your over 18 years of age.
Define Freedoms
A privilege to live your life without goverment interference.
i.e. freedom to conscience or religion
Fundamental Justice
Does the punishment fit the crime?
Charter of Rights and Freedoms Section 1
The Saving Provision
Allows laws and restrictions that would otherwise breach the Charters IF it meets a substantial objective AND the law is proportionate to the objective.
Charter of Rights and Freedoms Section 2
Fundamental Freedoms
* Freedom of conscience
* Freedom of religion
* Freedom of expression
* Freedom of peaceful assembly
* Freedom of association
Charter of Rights and Freedoms Section 7
Life, Liberty, and Security of a Person
Secure right to life, the right to act without restraint, and the right to privacy of body and health.
This also gives everyone the right to full disclosure of any proceedings against them, and the right to a fair trial
Charter of Rights and Freedoms Section 8
Search & Seizure
Everyone has the right to be secure against unreasonable searches
Charter of Rights and Freedoms Section 9
Detention & Imprisonment
Everyone has the right to not be arbitrarily detained or imprisoned
Charter of Rights and Freedoms Section 10
Arrest, Detention, and Right to Counsel
* Everyone has the right to be informed of the reasons
* To retain and instruct counsel and to be informed of that right
* To have validity of the detention by way of Habeas Corpus or be released if the detention is not lawful.
Charter of Rights and Freedoms Section 12
Treatment or Punishment
Everyone has the right not to be subjected to cruel and unusual treatment or punishment
Charter of Rights and Freedoms Section 15
Everyone is equal before and under the law, and has the right to equal protection and equal benefit of the law without discrimination, in particular, without discrimination based of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Such as discriminating against offenders based on their crimes
Charter of Rights and Freedoms Section 24
Enforcement of Guaranteed Rights and Freedoms
1. Acknowledgement
2. Adjournment
3. Exclusion of evidence
4. Released on applications of Habeas Corpus (unlawful arrest)
5.Reduction of sentence
6. Judicial Stay of proceedings
Charter of Rights and Freedoms Section 32
Application of Charter
The charter applies to government, both federal and provincial.
What are the three sources of law?
Constitution
Statutes & Bylaws
Common Law
What are the 4 C’s of report writing?
Clear
Consice
Complete
Correct
What gives us our authority as Correctional Peace Officers?
Section 2 of the Criminal Code
Section 10 of the Corrections Act
How does the Criminal Code define Peace Officer?
Peace Officer includes (b) a jailer, guard and any other officer of a prison
How does the Criminal Code define Prison?
includes a penitentiary, common jail, public or reformatory prison, lock-up, guard-room or other place in which persons who are charged with or convicted of offences are usually kept in custody
Section 10 of the Corrections Act
Every employee of the GoA employed in a correctional institution is hereby constituted a peace officer for the purpose of assisting in the enforcement of law and order while in the performance of the employee’s duties.
What is our non-legislation authority?
COB policy, SOPs, SSOs, & ESOs
Where does our authority to search come from?
Section 10 of the Correctional Institution Regulation
What is the difference between an Oath and an Appointment?
An oath is non-legislative, it does not grant powers to arrest or detain.
An appointment is legislative, it outlines your powers. You can be held criminally responsible.
Three important questions to ask before exercising your CPO powers
- Am I on-duty or off-duty?
- Am I in an area (centre or escort) where I can enforce my PO Powers?
- Is this offence within the legislative authority for me to enforce?
YCJA Sentencing Principles (3) and their purpose
Rehabilitation
Reintegration
Accountability
Learn to take responsibility for their crimes, develop a psychological well-being and support a reduction in crime.
P&P
Policy and Procedure
Given to us by ACOB (Custody Operations Branch) that apply to all institutions under this branch.
SSO
Security Standing Order
Centre-specific. Outlines any issues and procedures with security concerns.
i.e: emergency codes, mechanical restraints
SOP
Standard Operating Procedure
Centre-specific. Outlines day-to-day routines and procedures that are not security related.
i.e: meals, programs, education.
ESO
Emergency Standing Order
Outlines procedures for emergency situations
i.e: Major disturbances, riots.
KISSS
Keep it Short, Simple, and Specific
What section of the Correctional Institution Regulations (CIR) compels us to report
s. 44 Breach of Rules, etc
What section of the Correctional Institution Regulations (CIR) compels us to intervene
s. 49 Duty of Employee
Required documents for Formal Charge (4)
- Staff Report
- Notice to Offender/Inmate Disciplinary Hearing Procedure
- Disciplinary Hearing Report
- Charge Circumstance page, including summary of evidence and any witnesses to be presented
What are the three levels of administrative discipline
Verbal Warning
Violation Report (Sentenced offenders only)
Formal Charge (Referral for Disciplinary Hearing)
When does the Disciplinary Hearing happen, as per policy, after a formal charge is laid?
48 hours or 3 working days
Both are correct
Hearing Adjudicator
An independent person who does not work for the Adult Centre Operations.
They are the final decision.
Hearing Adjudicator Assistant
Typically an Officer of the Centre
They question witnesses
Provide input & clarification regarding charges and centre routines, rules, etc.
Recommendations on sentencing on behalf of the centre
Appeal Adjudicator
A third-party lawyer that is contracted privately by the Correctional Services Division, completely separate from the Hearing Adjudicator. Conducts a “paper review.”
What are 4 of 6 punishments that can be imposed by the Hearing Adjudicator?
Reprimand
Loss of privileges
Extra work or duties
Payment to any damage (restitution)
Segregation time for no more than 14 days
Loss of remission (good time), up to 30 days
What section of the Correctional Institution Regulations (CIR) is punishments?
s. 46 Punishments
What section of the Correctional Institution Regulations (CIR) outlines offences for charge?
s. 47 When punishment may be imposed
Define Ethics
Principles that govern a persons behaviour based on societal values, religious or cultural beliefs, or personal choice.
Define Ethical Dilemma
Unsure of the right thing to do because two or more of your values may be in conflict. There will be harm caused no matter what you do.
What are two tests you can use to resolve an ethical dilemma?
Media test - How would I feel if my decision made the front page?
Gut test - If it feels wrong, it probably is.
Outlines what a CPO cannot do.. Give 4 examples
s. 14 Prohibitions Corrections Act
Employs an inmate
Buy from or sell anything to or for an inmate
Have relationships with inmates
Leave or convey an article with the intent of an inmate receiving it that is prohibited by the Correction Institutions
Provincial Legislation that grants us our Use of Force?
s. 50 Correctional Institution Regulations
When do employees have to sign off on Policy and Procedure?
Annually or whenever they are changed
What federal and provincial legislation give us authority to use force?
Criminal Code s. 25
Correctional Institution Regulations s. 50
Common Law
AKA Judge Made Law
Judge sets a precedent that is subject to change over time
Who issues warrants? (3)
Justice of the Peace
Provincial Court Judge
King’s Bench Justice
3 Common Law Powers to Search
Consent Search
Plain View Search
Search Incident to Lawful Arrest
Consent Search
Voluntary and can be revoked at any time
Of sound mind
Authority to consent (owns the property)
Understands: What they are consenting to
The consequences
They can refuse
3 Common Law Powers to Search
Consent Search
Plain View Search
Search incident to Lawful Arrest
What gives us authority to Search
Correctional Institution Regulations s.10
What holds us accountable regarding Searches
Charter of Rights and Freedoms s. 8
3 Types of Evidence
Oral, Physical, and Documentary
Five steps to Securing a Crime Scene
- Close off area
- Potential Witnesses Identified
- Contact Supervisors/Authorities
- Document everything
- Maintain Integrity of the scene
Define Reasonable Expectation of Privacy
A right to move freely without suspicion or examination
3 Privacy Interests and Provide an example for each
Territorial - home, hotel rooms, surrounding areas at home
Information - Medical, Legal
Personal - DNA, Bodily Fluids
Who decides on hybrid offense?
Crown Prosecutor
How do we administer discipline?
Progressive Discipline
Why do we use progressive discipline?
To give an opportunity to learn from their behaviour
Define Duty to Act
Legislative responsibility to respond
Define Warrant
A legal document or order given to Peace Officers compelling them to do something
Judge Order (JO)
For offenders in custody that have a court place/time different from the remanding warrant
Form 7
Warrant for Arrest
Form 19
Warrant Remanding a Prisoner
Form 8
Warrant for Committal (speak to bail)
Form 21
Warrant of Committal for Convication (sentencing document)
Form 11
Release Order (pre-trial release)
Subpeona
A legal document to compel a witness to testify in court with criminal charges if you fail to show
Competancy
Must be mentally fit, legally permitted, able to recall accurately and communicate it, as well as, able to respond to questions.
Compellability
After competance has been established, a witness can be compelled to give evidence. Can be forced via subpeona
