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Community Standards > Midterm > Flashcards

Midterm Flashcards

1
Q

that Section 16 POA

A

Internal complaints

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2
Q

Section 14 of POA

A

External complaint

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3
Q

Section 15 POA

A

The regulations for investigating complaints

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4
Q

How many days to appeal a decision of findings from employer?

A

30 days to appeal

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5
Q

How many days must you be notified of an investigation and receive regular updates

A

45 day updates

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6
Q

Who makes the final decision for complaints

A

The director

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7
Q

POPA - while issuing a ticket to determine whether to give citation or summons - Assess circumstances based on public interest

A
  1. Seriousness and nature of offence
  2. Number of previous convictions
  3. Number of outstanding proceedings
  4. Out of province operator’s license or fines over $1000
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8
Q

What does POPA do

A

Regulates provincial and municipal offences (Bylaws)

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9
Q

Section 3 of POPA

A

Acts as a bridge to section 495 (2) (E)

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10
Q

The max penalty under POPA

A

no more than $2000 fine or no more than 6 months in jail or both

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11
Q

Max penalty under MGA

A

10,000 or one year imprisonment or both

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12
Q

Section 555(1)
What is the purpose of a peace officer

A

Preserve and maintain public peace

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13
Q

Enabling document

A

60M86
Bylaw that allows us to be a bylaw officer in the city of Calgary

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14
Q

Which 3 pieces of legislation govern peace officers

A

POA - PO Regulations - PO Ministerial Regulations

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15
Q

S 25 Criminal Code

A

Protection of persons acting under authority
(grants us the authority to use force)

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16
Q

S 28 Criminal Code

A

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

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17
Q

6 steps to affect an arrest

A
  1. Identify self
    1. Tell them they are under arrest
    2. Why they are under arrest
    3. Take physical custody
    4. Charter and caution
      1. Produce warrant if applicable
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18
Q

Authorized reasons for search

A

Weapons
Tools of escape
Preservation of evidence

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19
Q

3 Forms of privacy interest

A
  • Territorial Privacy
  • Personal Privacy
  • Informational Privacy
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20
Q

Plain view doctrine

A
  • Pre-existing reason to be in place
  • Come across goods by surprise
  • Obvious the goods are evidence
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21
Q

3 criteria to comply with s8

A
  1. the search must be authorized by law
  2. The law itself must be reasonable
  3. The search must be carried out in a reasonable manner
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22
Q

When to write multiple appearance notices

A
  • Different jurisdiction = different notices
  • Different names or DOB = different notices
  • Criminal code can’t be on the same notice as bylaw/provincial
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23
Q

Endorsed warrant is signed by

A

JP - Registar - or Clerk of the court

24
Q

Strict Liability vs Absolute Liability

A

Absolute Liability is 100% such as photo radar
Strict liability you must do you due diligence

25
Q

Section 26 (Be able to write word for word)

A

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.

26
Q

Section 27 (Be able to write word for word)

A
  • 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

27
Q

Charter of Rights and Freedoms Section 7

A
  • 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.
28
Q

Charter of Rights and Freedoms Section 8

A

Everyone has the right to be secure against unreasonable search or seizure.

29
Q

Charter of Rights and Freedoms Section 9

A

Everyone has the right not to be arbitrarily detained or imprisoned.

30
Q

Charter of Rights and Freedoms Section 10 (Be able to write this)

A

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

31
Q

494 (1)

A

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.

32
Q

494 (2)

A

(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.

33
Q

Two types of law

A

Substantive law - Offenses, rights and duties
Procedural law - How substantive law is applied, Trial procedures, Appeals, rules of evidence

34
Q

What is the constitution

A

The supreme law of the land

35
Q

RICES

A

Repetition - Identity - Compel to court - Evidence -Safety

36
Q

What makes statutes

A

Municipal acts
Provincial
Federal

37
Q

Which Common law became statute

A

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

38
Q

Search incident to arrest

A
  1. The arrest must be lawful
  2. The search must be conducted “incidental” to the lawful arrest
  3. Was the manner in which the search was carried out reasonable?
39
Q

Consent Search

A

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

40
Q

Reasonable Person Test (3)

A
  1. Circumstances giving rise to the encounter as would reasonably be perceived by the individual
  2. Nature of the conduct
  3. Characteristics or circumstances of the individual
41
Q

explain limitations regarding use of force

A

Necessary, reasonable, proportionate

42
Q

Explain the consequences that can occur if a PO is not lawfully placed and uses force

A

Criminal/Civil liability or both

43
Q

What are the 3 sources of Law?

A

Constitutional, Statutory, and Common Law

44
Q

POPA is the governing legislation for processing offences under?

A

Municipal and provincial

45
Q

5 requirements for referring to notes

A
  1. Ask the Commissioner or Judge for permission
  2. Are the notes made in your own hand writing?
  3. Did you make them on or close to the time of the offence?
  4. Have there been any additions or deletions of the notes?
  5. Do you need them to refresh your memory?
46
Q

Form 7 unendorsed CC

A

Straight to APU

47
Q

Form 7 endorsed or unendorsed bylaw or provincial

A

Is there a specified amount
Can you pay?
Transport to hearing ?
They cant pay?
Issue Appnot

48
Q

Form 21

A

Pay or stay

49
Q

4 parts of a violation ticket

A
  1. Officer copy
  2. Summons
  3. Violation Ticket
  4. Court Records/officer notes
50
Q

two elements to make a lawful arrest

A

The officer must be lawfully placed
an arrest authority must exist

51
Q

The minister may cancel or suspend a PO appointment if

A

The PO is charged or convicted of an offence
In the ministers opinion has contravened terms of the PO appointed

52
Q

Psychological Detention

A

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

53
Q

Time frame to lay a provincial charge

A

6 months

54
Q

What are your options when issuing a person a violation ticket with an out of province license?

A

Part 2 summons

55
Q

5 elements that make up substance of offence (Appnot)

A

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

Community Standards (3 decks)

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