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Federal Law > Powers of Arrest/Miscellaneous > Flashcards

Powers of Arrest/Miscellaneous Flashcards

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Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What is Public Law?

A

Rules between individuals/society

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2
Q

What is Private Law?

A

Civil - Rules between individual

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3
Q

What are 3 types of law?

A

(1) Common Law - traditional
(2) Statute Law - enacted by government
(3) Case Law - developed by judges

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4
Q

What is Procedural Law?

A

(1) Instructions for Police

(2) How the law is enforced/administered

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5
Q

What is substantive law?

A

(1) Instructions for citizens

(2) rights/duties of each person

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6
Q

Courts - What are the 5 levels?

A

(1) Supreme Court of Canada
(2) Appeals Court of Ontario
(3) Superior Court of Ontario
(4) Ontario Court of Justice
(5) Provincial Offences Court

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7
Q

What do Judges/JP’s preside over?

A

(1) Superior Court (serious offences)
(2) Provincial Court Judge (criminal and 553 offences)
(3) Justice of the peace (provincial, bylaw, bail)

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8
Q

What are the 3 classification of offences?

A

(1) summary conviction
(2) dual procedure
(3) indictable

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9
Q

Facts in Issue - T.I.P.P?

A

T - Time/date
I - Identity
P - Place
P - Plus elements

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10
Q

What are the 2 elements for a criminal offence?

A

(1) Mens Rea - Intent/guilty mind

(2) Actus Reus - The act itself/guilty act

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11
Q

Definition of Criminal offence?

A

Breach of a federal law

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12
Q

Definition of reasonable grounds

A

Objective/subjective view, beyond mere suspicion, base in fact

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13
Q

Definition of arrest

A

(1) Physical control

(2) understand their liberty taken away

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14
Q

Investigative Detention

A

Brief detention for investigative purposes

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15
Q

Lawful Authority

A

Authorized by law, acting in good faith

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16
Q

Acting in good faith

A

without honest intention free from any knowledge of irregularity

17
Q

Justified

A

free from criminal/civil liability

18
Q

Detention

A

Restraint of liberty short of arrest

19
Q

Accused

A

(1) Issued an appearance notice

(2) arrested criminal offence

20
Q

R.C.A.

A

R - Recognize
C - Classify
A - Authorities

21
Q

P.I.C?

A

P - Prevent continuation
I - Investigate
C - Court

22
Q

What are Citizens Powers of Arrest?

A

(1) (a) Finds committing indictable offence (dual procedure)
(b) RG believes has committed CRIMINAL OFFENCE and is escaping from and being freshly pursued by someone with lawful authority to arrest

(2) owner/occupant finds committing criminal offence on or in relation to property, and
make arrest at time or RG not feasible for PO to make arrest

(3) shall turn over to PO forthwith

23
Q

PO Powers of Arrest

A

(1) PO

(a) Has committed indictable offence (Past)
(b) RG believes committed indictable offence (present)
(c) or is about to commit indictable offence (future)

(2) finds committing criminal offence
(3) outstanding arrest warrant within territorial jurisdiction

24
Q

What are PO’s arrest limitations? Shall not arrest for?

A

(1) 553 indictable
(2) dual procedure
(3) summary conviction

if,

PRICE is met

P - Public Interest
R - Repetition/Continuation
I - Identity
C - Court
E - Evidence

4 P’s:

Protect Public
Protect Property
Protect Accused
Prevent breach

25
Q

Arrest accused on interim release (s. 495.1)

A

(1) RG believes has contravened or is about to contravene any summons, appearance notice, undertaking, release order
(2) has committed indictable offence while released on a summons, appearance notice, undertaking, release order
(3) compel them to a 524 hearing

26
Q

s. 31 - Arrest breach of the Peace

A

(1) witnesses or RG person about to join in or renew
(2) harm person/property
(3) no charge

27
Q

What are the 6 steps to arrest?

A

(1) ID self
(2) tell under arrest
(3) tell then reason for arrest
(4) take physical control
(5) RTC
(6) ensure understand reason and RTC

28
Q

What do you do after the 6 steps to arrest?

A

(1) Caution - voluntariness of statement

(2) Secondary caution - removes minor inducements

29
Q

Appearance notice for judicial hearing

A

(1) failed to comply with summons/appearance notice/undertaking/release order
(2) failed to attend court
(3) issue an appearance notice without charge

30
Q

Use of Force s. 25

A

(1) Protection acting under authority
(2) Acting in good faith
(3) GBH/death unless RG necessary protect self/others
(4) PO or assistant causes GBH/death protect from imminent or future death/GBH and flight cannot be prevented
(5) same as above - person escaping penitentiary

31
Q

Use of Force s. 26

A

EXCESSIVE force not justified/criminally responsible

32
Q

Use of Force s. 27

A

Prevent commission of offence

33
Q

Use of Force s. 31

A

Breach of the Peace

34
Q

Use of Force s. 34

A

Defence

force or threat of force
defending/protecting
does not apply to false arrest

Federal Law (15 decks)

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