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CPOIP study guide > Midterm Prep > Flashcards

Midterm Prep Flashcards

1
Q

1) What is the name of the provincial statue that authorizes peace officers?

A
  • Peace Officer Act
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2
Q

2) What document grants Bylaw officers authorities to enforce bylaws in Calgary?

A
  • Enabling document 60M86
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3
Q

3) While acting under the scope of your employment you can enforce?

A
  • City of Calgary Bylaws and Provincial Acts under our appointment
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4
Q

4) What appointments do you have?

A
  • Bylaw Enforcement Officer & Peace Officer Appointment
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5
Q

5) What purpose is a Peace Officer employed?

A
  • Preservation and Maintenance of Public Peace
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6
Q

6) Forms of misconduct?

A
  • Discreditable conduct
  • Neglect of Duty
  • Excessive Force
  • Insubordination
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7
Q

7) The Minister may suspend or cancel the PO Appointment if?

A
  • The PO is charged or convicted of an offence under an Act or Regulation of Canada, or another province or territory, or of Alberta.
  • Has been charged with or convicted of an offence under this act or its Regs
  • In the Ministers opinion has contravened the terms of the PO Appointment
  • Acted in a manner that brings the office into disrepute.
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8
Q

8) What sections of POA direct employer to go over complaints against PO?

A

POA - Section 14 / 16

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9
Q

9) How often do updates need to be made to complainant and accused?

A

Every 45 Days

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10
Q

10) 2 types of complaints?

A
  • Public and Authorized Employer initiated.
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11
Q

11) Complaints filled against a PO must be made how?

A
  • In writing
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12
Q

12) What are 2 Parts of a ticket?

A
  • Part 2 (Summons) / Part 3 (Fine)
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13
Q

13) Person gives you out of province ID what part do you fill out?

A
  • Part 2 summons with specified penalty.
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14
Q

14) Ticket consists of 4 parts, what parts would you issue?

A
  • Part 2 or 3
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15
Q

15) What are public interest considerations when filling out a part 2?

A
  • The seriousness of the offense
  • Number of previous convictions
  • Number of outstanding proceedings
  • Out of province ID
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16
Q

16) What is POPA?

A

Provincial Offenses Procedures Act - * Governing legislation for processing offences under both provincial and municipal legislation. ✓Outlines prescribed penalties; a fine can be levied, the suspect should be sent to court, or both

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17
Q

Max penalties under POPA?

A
  • $2k Fine / 6 months incarceration / or both
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18
Q

18) What section of POPA bridges to Criminal code?

A
  • Section 3 POPA to 495(2) Criminal code
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19
Q

19) Section under POPA to satisfy arrest under CC?

A
  • Section 3
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20
Q

20) Max penalty under MGA ?

A
  • $10k Fine / 1yr incarceration / Or both
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21
Q

21) Bylaw number of enabling document?

A

60M86

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22
Q

22) Strict VS Absolute Liability?

A

 Absolute – Regardless of intent the offense is still punishable. Ex; municipal bylaws
 Strict – requires the involvement of men’s rea and burden of proof. ex: indictable offenses

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23
Q

24) 5 requirements to refer to notes?

A
  • Ask for permission from the judge/justice
  • Were they made in your own writing
  • Did you make them at the time of the offense
  • Have there been any additions or deductions
  • Do you need them to refresh memory
24
Q

25) What is section 27 CCC?

A
  • Peace officers to use force to stop a commission of an offense or believe that the force is necessary to prevent the offender from committing the offense to begin with.
25
Q

26) POs authority to use force to effect arrest.

A
  • Section 25 / 27 CCC
26
Q

27) What section pertains to excessive use of force?

A
  • Section 26 – anyone is held responsible for excessive use of force.
27
Q

28) Legal limitations of Use of Force?

A

Reasonable, Proportionate & Necessary

28
Q

29) What happens if a Peace officer is not lawfully placed and used force?

A
  • Criminal charges / civil proceedings / or both
29
Q

30) 3 sources of law?

A

Constitutional Law / Common Law / Statutes & Bylaws

30
Q

31) Example of common law that became statute?

A
  • Innocent until proven guilty
  • A man can only be tried for an offense once.
  • A man in not obliged to accuse himself.
  • A man has the right not a fair trail by jury of his peers.
31
Q

32) What is Substantive law?

A
  • What the law is. (Elements of the offense and punishment of crimes
32
Q

33) What is Procedural law?

A
  • How the law is applied (Case is handled, governs timelines of trial, court process)
33
Q

34) What section of POPA bridges to arrest.

A
  • Section 3 to Section 495 ccc
34
Q

35) The supreme law of the land is?

A
  • The Constitution / Charter of Rights and Freedoms
35
Q

36) 5 steps to a lawful arrest?

A
  • Identify yourself as a PO.
  • Inform the subject that they are under arrest and reason why.
  • Take physical control of subject.
  • Charter and Caution
  • Provide proof of warrant if applicable
36
Q

37) Section 10 of Charter?

A
  • Arrest and detention: a. Informed promptly of reasons of detention. b. Retain and instruct counsel c. validity of arrest determined by habeas corpus.
37
Q

38) Section 7 of Charter?

A
  • Everyone has the right to life, liberty and security and a person has the right to not be deprived thereof.
38
Q

39) Reasonable search compliance?

A
  • Search must be authorized by law.
  • The law itself must be reasonable.
  • Manner of the search was reasonable.
39
Q

40) What is section 9 of Charter?

A
  • Detention and Imprisonment – Everyone has the right to not be arbitrarily detained or imprisoned.
40
Q

41) Section 10 (b) ?

A
  • To retain and instruct counsel without delay and be informed of that right
41
Q

42) What is an arrest?

A
  • Taking physical control of subject and depriving someone of their freedom
42
Q

43) Why do we arrest?

A
  • Facilitate a charge and compel them to court.
43
Q

44) Different types of offenses and provide an example?

A
  • Indictable – ex; murder no statute of limitations.
  • Summary – (provincial/bylaw) max penalties 6 months in jail or $2k fine
  • Dual / Hybrid - assault / sexual assault - dependant on crown decision
44
Q

45) How does due diligence fall within strict offenses?

A
  • Made reasonable attempt to follow the law.
45
Q

46) CC authority to arrest under POPA?

A

Section 495 Criminal Code

46
Q

47) 2 things needed to affect arrest?

A
  • Lawful placement / Lawful authority
47
Q

48) Reasonable person test?

A
  • Characteristics and circumstances of the individual -  Considerations for how an officer must deal/interact with a person. For example: How would a reasonable person view the officers’ actions and would they come to the same conclusion.
48
Q

Psychological Detention?

A

 Causing someone to believe or feel as though they are not free to leave by the way you are speaking/interacting with them.

49
Q

49) Why do we search?

A
  • Officer/Public Safety (Weapons)
  • Means of escape
  • Preservation of evidence
50
Q

50) 3 privacy interest and example for each?

A
  • Personal (DNA)
  • Territorial (Home)
  • Informational (Bank records)
51
Q

51) Consent Search?

A
  • Least invasive and consent can be revoked at any time.
52
Q

52) Plain view doctrine?

A
  • Lawful placement
  • Came across items by surprise.
  • Obvious that it is evidence.
53
Q

53) Form 7 endorsed vs unendorsed warrants?

A
  • Endorsed has 2 signatures and officer may release subject on appearance notice.
  • Unendorsed, person must appear before a justice.
54
Q

54) Form 21 Warrant?

A
  • Pay or Stay
55
Q

55) Which warrants involve payment?

A
  • Any warrant with specified penalty must be paid in full.
56
Q

56) When completing appearance notice 5 items must be filled?

A
  • Location of warrant
  • Date of offense
  • Section pertaining to offense.
  • Fine amount or court date
  • Docket number
57
Q

57) Two locations of a warrant require.

A
  • 2 different appearance notice

CPOIP study guide (5 decks)

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