LEGAL STUDIES TEST Flashcards
What is Common Law (Case Law)?
Common law is a judge made law or case law, that is developed through time, it’s subject to change and it sets precedents.
Examples:
- Innocent until proven guilty
- A person can be tried for an offence only once.
- A man is not obligated to accuse himself.
- A man has the right to have a fair trial by a jury of his peers.
In what order is the organization or levels of the Courts?
- The Supreme Court.
- The Court of Appeal of Alberta.
- The court of King’s Bench.
- The Provincial Court of Alberta.
- The Provincial Administrative Tribunal.
Do prisoners have reasonable expectations of privacy?
No, they don’t. Because they are in jail their level of privacy expectation is very low (subjected to searches in order to prevent contraband drugs and weapons).
How are the Charters of Right applied and to whom?
Charter of Rights applies to EVERYONE on Canadian SOIL, and from Government to citizens, but not citizen to citizen.
Common law powers to search:
- Informed Consent Search.
- Search Pursuant to investigative Detention.
- Search incident to lawful arrest.
- Strip search.
- Plain view .
Statutory power of search. Sec 51.1 (Judicature Act)
Identity checks and weapon screening:
51(1) Before a person enters a courtroom or courthouse a security officer may
(a) Require the person to satisfy the security officer as to the person’s IDENTITY , and
(b) SCREEN the person for WEAPONS.
If the security officer is not satisfied as to the person’s identity, the person refuses to be screened for weapons, or the person has possession of a weapon, the security officer may:
• Refuse the person entry to the courthouse or a courtroom
• Use as much force as is reasonably necessary to prevent the person from entering.
- GLCA (Gambling Liquor and Cannabis Act).
Sec. 8 Charter of Rights & Freedoms
Section 8 provides everyone with the right to be secure against unreasonable search and seizure.
- A search means that something interferes with a persons reasonable expectation of privacy.
- A seizure means taking something without the consent of a person. If a person consents to give their possession up, it is not a breach of this section.
Sections 9 and 10 of the Charter of Rights?
Section 9: Detention or Imprisonment. Everyone has the right not to be arbitrarily detained or imprisoned.
Section 10: Arrest or Detentions. Everyone has the right on arrest or detention;
A) To be informed promptly of the reason
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 and to be released if the detention is not lawful.
What is section 24 of the Charter of Rights and Freedoms? REMEDIES
Section 24 provides REMEDIES available to anyone whose charter rights have been proven to be violated. Examples:
- Acknowledgement.
- Adjournment.
- Adjournment plus expenses.
- Exclusion of evidence.
- Reduction of sentence.
- Released on applicants of Habeas
Corpus,
- Judicial stay of proceedings (Trial is stopped temporarily, generally 1 year).
What is Duty to Act?
Duty to Act is a concept applied to all peace officers, based on societal and legal expectations involving public safety.
Two sections of the criminal code influence duty to act:
- Criminal negligence
- Party to an offence
If you are present at an offence and do nothing, what can you be charged with?
S. 21 (1) (b) C.C.C - Party to an offence.
S.219 C.C.C - Negligence.
S. 220 C.C.C. Negligence causing death.
If a person dies, the party will be charged exactly the same as the perpetrators.
Sec 495 (1) (a), (b), (c). (C.C.C)
Authority and Powers to Arrest Powers
S. 495 (1) (a) (b) (c) C.C.C
ARREST WITHOUT A WARRANT by Peace Officer.
(a) A person who HAS committed an INDICTABLE offence or who on reasonable grounds, he BELIEVES has COMMITTED or is ABOUT to COMMIT an Indictable Offence.
(b) or a person whom he FINDS Committing a criminal offence
(c) a person in respect of whom he has reasonable grounds to believe that a WARRANT OF ARREST or COMMITAL, in any form set out in Part XXVIII in relation thereon , IS IN FORCE within the territorial jurisdiction in which the person is found.
Use of Force sections CCC of Legal Authority?
1) Section 25 1(b). Authorizes a peace officer to use as much force as is reasonably necessary.
2) Section 26. holds ppl accountable for using excessive force.
3) Section 27. authorizes anyone to use as much force as is reasonable necessary to stop the commission of an offence.
Where our powers come from.
4) Section 34. authorizes use of force to protect a person.
5) Section 35. authorizes use of force to protect property.
Peace Officer MINISTERIAL Regulation:
The minister deal with:
- Training,
- ID Cards.
- Criminal Charges.
- Cancellation, suspension,
termination and appointments. - Code of Conduct.
Section 34 CCC (Self Defence and reasonable)
Defence of Person
DEFENCE - USE OR THREAT OF FORCE
- (1) A person is not guilty of an offence if
(a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;
(b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and
(c) the act committed is reasonable in the circumstances.
