Midterm Prep Flashcards
1) What is the name of the provincial statue that authorizes peace officers?
- Peace Officer Act
2) What document grants Bylaw officers authorities to enforce bylaws in Calgary?
- Enabling document 60M86
3) While acting under the scope of your employment you can enforce?
- City of Calgary Bylaws and Provincial Acts under our appointment
4) What appointments do you have?
- Bylaw Enforcement Officer & Peace Officer Appointment
5) What purpose is a Peace Officer employed?
- Preservation and Maintenance of Public Peace
6) Forms of misconduct?
- Discreditable conduct
- Neglect of Duty
- Excessive Force
- Insubordination
7) The Minister may suspend or cancel the PO Appointment if?
- 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.
8) What sections of POA direct employer to go over complaints against PO?
POA - Section 14 / 16
9) How often do updates need to be made to complainant and accused?
Every 45 Days
10) 2 types of complaints?
- Public and Authorized Employer initiated.
11) Complaints filled against a PO must be made how?
- In writing
12) What are 2 Parts of a ticket?
- Part 2 (Summons) / Part 3 (Fine)
13) Person gives you out of province ID what part do you fill out?
- Part 2 summons with specified penalty.
14) Ticket consists of 4 parts, what parts would you issue?
- Part 2 or 3
15) What are public interest considerations when filling out a part 2?
- The seriousness of the offense
- Number of previous convictions
- Number of outstanding proceedings
- Out of province ID
16) What is POPA?
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
Max penalties under POPA?
- $2k Fine / 6 months incarceration / or both
18) What section of POPA bridges to Criminal code?
- Section 3 POPA to 495(2) Criminal code
19) Section under POPA to satisfy arrest under CC?
- Section 3
20) Max penalty under MGA ?
- $10k Fine / 1yr incarceration / Or both
21) Bylaw number of enabling document?
60M86
22) Strict VS Absolute Liability?
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
24) 5 requirements to refer to notes?
- 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
25) What is section 27 CCC?
- 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.
26) POs authority to use force to effect arrest.
- Section 25 / 27 CCC
27) What section pertains to excessive use of force?
- Section 26 – anyone is held responsible for excessive use of force.
28) Legal limitations of Use of Force?
Reasonable, Proportionate & Necessary
29) What happens if a Peace officer is not lawfully placed and used force?
- Criminal charges / civil proceedings / or both
30) 3 sources of law?
Constitutional Law / Common Law / Statutes & Bylaws
31) Example of common law that became statute?
- 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.
32) What is Substantive law?
- What the law is. (Elements of the offense and punishment of crimes
33) What is Procedural law?
- How the law is applied (Case is handled, governs timelines of trial, court process)
34) What section of POPA bridges to arrest.
- Section 3 to Section 495 ccc
35) The supreme law of the land is?
- The Constitution / Charter of Rights and Freedoms
36) 5 steps to a lawful arrest?
- 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
37) Section 10 of Charter?
- Arrest and detention: a. Informed promptly of reasons of detention. b. Retain and instruct counsel c. validity of arrest determined by habeas corpus.
38) Section 7 of Charter?
- Everyone has the right to life, liberty and security and a person has the right to not be deprived thereof.
39) Reasonable search compliance?
- Search must be authorized by law.
- The law itself must be reasonable.
- Manner of the search was reasonable.
40) What is section 9 of Charter?
- Detention and Imprisonment – Everyone has the right to not be arbitrarily detained or imprisoned.
41) Section 10 (b) ?
- To retain and instruct counsel without delay and be informed of that right
42) What is an arrest?
- Taking physical control of subject and depriving someone of their freedom
43) Why do we arrest?
- Facilitate a charge and compel them to court.
44) Different types of offenses and provide an example?
- 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
45) How does due diligence fall within strict offenses?
- Made reasonable attempt to follow the law.
46) CC authority to arrest under POPA?
Section 495 Criminal Code
47) 2 things needed to affect arrest?
- Lawful placement / Lawful authority
48) Reasonable person test?
- 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.
Psychological Detention?
Causing someone to believe or feel as though they are not free to leave by the way you are speaking/interacting with them.
49) Why do we search?
- Officer/Public Safety (Weapons)
- Means of escape
- Preservation of evidence
50) 3 privacy interest and example for each?
- Personal (DNA)
- Territorial (Home)
- Informational (Bank records)
51) Consent Search?
- Least invasive and consent can be revoked at any time.
52) Plain view doctrine?
- Lawful placement
- Came across items by surprise.
- Obvious that it is evidence.
53) Form 7 endorsed vs unendorsed warrants?
- Endorsed has 2 signatures and officer may release subject on appearance notice.
- Unendorsed, person must appear before a justice.
54) Form 21 Warrant?
- Pay or Stay
55) Which warrants involve payment?
- Any warrant with specified penalty must be paid in full.
56) When completing appearance notice 5 items must be filled?
- Location of warrant
- Date of offense
- Section pertaining to offense.
- Fine amount or court date
- Docket number
57) Two locations of a warrant require.
- 2 different appearance notice