Midterm Flashcards
that Section 16 POA
Internal complaints
Section 14 of POA
External complaint
Section 15 POA
The regulations for investigating complaints
How many days to appeal a decision of findings from employer?
30 days to appeal
How many days must you be notified of an investigation and receive regular updates
45 day updates
Who makes the final decision for complaints
The director
POPA - while issuing a ticket to determine whether to give citation or summons - Assess circumstances based on public interest
- Seriousness and nature of offence
- Number of previous convictions
- Number of outstanding proceedings
- Out of province operator’s license or fines over $1000
What does POPA do
Regulates provincial and municipal offences (Bylaws)
Section 3 of POPA
Acts as a bridge to section 495 (2) (E)
The max penalty under POPA
no more than $2000 fine or no more than 6 months in jail or both
Max penalty under MGA
10,000 or one year imprisonment or both
Section 555(1)
What is the purpose of a peace officer
Preserve and maintain public peace
Enabling document
60M86
Bylaw that allows us to be a bylaw officer in the city of Calgary
Which 3 pieces of legislation govern peace officers
POA - PO Regulations - PO Ministerial Regulations
S 25 Criminal Code
Protection of persons acting under authority
(grants us the authority to use force)
S 28 Criminal Code
Acting in good faith on a warrant, you will not be held criminally responsible
28 (1) Where a person who is authorized to execute a warrant to arrest believes, in good faith and on reasonable grounds, that the person whom he arrests is the person named in the warrant, he is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant
6 steps to affect an arrest
- Identify self
- Tell them they are under arrest
- Why they are under arrest
- Take physical custody
- Charter and caution
- Produce warrant if applicable
Authorized reasons for search
Weapons
Tools of escape
Preservation of evidence
3 Forms of privacy interest
- Territorial Privacy
- Personal Privacy
- Informational Privacy
Plain view doctrine
- Pre-existing reason to be in place
- Come across goods by surprise
- Obvious the goods are evidence
3 criteria to comply with s8
- the search must be authorized by law
- The law itself must be reasonable
- The search must be carried out in a reasonable manner
When to write multiple appearance notices
- Different jurisdiction = different notices
- Different names or DOB = different notices
- Criminal code can’t be on the same notice as bylaw/provincial
Endorsed warrant is signed by
JP - Registar - or Clerk of the court
Strict Liability vs Absolute Liability
Absolute Liability is 100% such as photo radar
Strict liability you must do you due diligence
Section 26 (Be able to write word for word)
Section 26 Every one who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess.
Section 27 (Be able to write word for word)
- Section 27 Everyone is justified in using as much force as is reasonably necessary
(a) to prevent the commission of an offence
(i) for which, if it were committed, the person who committed it might be arrested without warrant, and
(ii) that would be likely to cause immediate and serious injury to the person or property of anyone; or
(b) to prevent anything being done that, on reasonable grounds, he believes would, if it were done, be an offence mentioned in paragraph
Charter of Rights and Freedoms Section 7
- 7 Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Charter of Rights and Freedoms Section 8
Everyone has the right to be secure against unreasonable search or seizure.
Charter of Rights and Freedoms Section 9
Everyone has the right not to be arbitrarily detained or imprisoned.
Charter of Rights and Freedoms Section 10 (Be able to write this)
Everyone has the right on arrest or detention
(a) to be informed promptly of the reasons therefor;
(b) to retain and instruct counsel without delay and to be informed of that right; and
(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful
494 (1)
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.
494 (2)
(2) The owner or a person in lawful possession of property, or a person authorized by the owner or by a person in lawful possession of property, may arrest a person without a warrant if they find them committing a criminal offence on or in relation to that property and
(a) they make the arrest at that time; or
(b) they make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest.
Two types of law
Substantive law - Offenses, rights and duties
Procedural law - How substantive law is applied, Trial procedures, Appeals, rules of evidence
What is the constitution
The supreme law of the land
RICES
Repetition - Identity - Compel to court - Evidence -Safety
What makes statutes
Municipal acts
Provincial
Federal
Which Common law became statute
Innocent until proven guilty
A man can only be tried once for an offence
A man is not obligated to accuse himself
A man has a right to fair trial by a jury of his peers
Search incident to arrest
- The arrest must be lawful
- The search must be conducted “incidental” to the lawful arrest
- Was the manner in which the search was carried out reasonable?
Consent Search
Consent must be voluntary
* The person is in a position to give consent
* The person has an operating mind
* Person giving consent has full awareness of:
– What he is consenting to
– The consequences of giving consent
– The right to refuse giving consent
* Consent can be revoked at any time
Reasonable Person Test (3)
- Circumstances giving rise to the encounter as would reasonably be perceived by the individual
- Nature of the conduct
- Characteristics or circumstances of the individual
explain limitations regarding use of force
Necessary, reasonable, proportionate
Explain the consequences that can occur if a PO is not lawfully placed and uses force
Criminal/Civil liability or both
What are the 3 sources of Law?
Constitutional, Statutory, and Common Law
POPA is the governing legislation for processing offences under?
Municipal and provincial
5 requirements for referring to notes
- Ask the Commissioner or Judge for permission
- Are the notes made in your own hand writing?
- Did you make them on or close to the time of the offence?
- Have there been any additions or deletions of the notes?
- Do you need them to refresh your memory?
Form 7 unendorsed CC
Straight to APU
Form 7 endorsed or unendorsed bylaw or provincial
Is there a specified amount
Can you pay?
Transport to hearing ?
They cant pay?
Issue Appnot
Form 21
Pay or stay
4 parts of a violation ticket
- Officer copy
- Summons
- Violation Ticket
- Court Records/officer notes
two elements to make a lawful arrest
The officer must be lawfully placed
an arrest authority must exist
The minister may cancel or suspend a PO appointment if
The PO is charged or convicted of an offence
In the ministers opinion has contravened terms of the PO appointed
Psychological Detention
A legal obligation to comply with a restrictive request or demand of an officer, OR a reasonable person would conclude by reason of the police officers conduct that they had no choice but to comply
Time frame to lay a provincial charge
6 months
What are your options when issuing a person a violation ticket with an out of province license?
Part 2 summons
5 elements that make up substance of offence (Appnot)
1) Offence – ex.9(1) MBL 4M81Calgary
2) Location – Calgary, Alberta
3) Offence Date – Date the Offence Occurred
4) Penalty – Fine Amount or Mandatory Court
5) Docket Number – A12345678R
