Prep Flashcards

1
Q

How long do you have to file a human rights complaint?

A

1 Year

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2
Q

Human Rights Act: Complaints must fall within at least (2)?

A

One Protected Area and One Protected Ground

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3
Q

Name 4 Alberta Human Rights Act Protected Area

A

Publication, Goods/Services, Equal Pay, Tenancy, Equal Job Application

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4
Q

Name 8 Alberta Human Rights Act Protected Grounds

A

Race, Gender, Age, Sexual Orientation, Religion, Family Status, Ancestry, Place of Origin

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5
Q

What does Duty to Accommodate mean?

A

Make changes to policies, rules or standards to allow one to fully participate

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6
Q

In a civil proceedings, what is the burden of proof?

A

Preponderance of evidence

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7
Q

In a criminal proceedings, what is the burden of proof?

A

Beyond a reasonable doubt

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8
Q

Explain racial profiling

A

Judging one based on their demographic background instead of them as an individual

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9
Q

What is the Supreme Law of the Land?

A

The Charter of Rights and Freedom

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10
Q

What is section 7 of the Charter?

A

One’s rights to life, liberty and security

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11
Q

Define what a constitutional search is?

A

A search authorized by law
The law must be reasonable
The manner of the search is reasonable

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12
Q

What are 3 reasons we search an individual?

A

To prevent escape, to obtain or secure evidence, and for weapons

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13
Q

Is there an expectation of privacy in public?

A

No, you leave your home as how you’re willing to present yourself in public

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14
Q

Define section 9 of the Charter

A

Person’s rights to not be unlawfully detained or imprisoned.

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15
Q

What does detention mean?

A

Suspension of one’s liberty by a significant physical or psychological restraint

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16
Q

What are 3 rights under arrest and detention?

A

To be informed promptly of the reason
To retain and instruct counsel without delay
To have validity of detention and be released if it was unlawful

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17
Q

Define section 7 of the MGA

A

Allows a municipality to pass and enforce bylaws

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18
Q

What are the Maximum penalties under the MGA?

A

$10000, 1 Year or Both

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19
Q

Provide 3 examples of powers allowed under Section 8 of MGA

A

Provides license, permits and fees
Impose terms and conditions on license/permits
Provide a process to appeal and the body to decide the appeal

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20
Q

What is the purpose of Bylaws?

A

Allow municipalities to hold their residents and visitors to a standard.
Gives the public a method to resolve conflicts, when conflicts cannot be resolved between the offender and the aggriever.

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21
Q

Summarize Section 555(1) of the MGA

A

Bylaw enforcement officers are responsible for the preservation and maintenance of public peace.

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22
Q

Section 556 of the MGA states:

A

Every council must be bylaw
A) Specify the powers and duties of a BEO
B) Establish disciplinary procedures for misuse of powers including penalties and appeal process

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23
Q

What are the two classifications of Bylaws?

A

Absolute liability and Strict liability

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24
Q

What 3 legislation governs Peace officers?

A

Peace Officer Act
Peace Officer Act Regulation
Peace Officer Act Ministerial Regulation

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25
Q

What is the vision of the Public Safety Peace Officer Program?

A

Improve communication, coordination, cooperation and collaboration between Police and PO

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26
Q

How must a complaint be made against an officer?

A

Made in writing

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27
Q

3 types of complaints which fall under abandonment?

A

Frivolous, Vexatious and Bad Faith

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28
Q

3 complaint disposition following investigation?

A

Unfounded, unsubstantiated, merit in whole or in part

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29
Q

Which section of the Peace Officer Act can you find Employer Authorization?

A

Section 5

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30
Q

What section of the Peace Officer Act manages complaints?

A

Section 14 and 16

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31
Q

What could lead to the cancellation of employer authorization to employ Peace Officers?

A

Providing false or misleading info
Fail to investigate complaints
Fail to provide records relating to issued weapons
Act in a manner that brings the office in disrepute

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32
Q

Name of man who made the 9 principles of modern policing and in what year?

A

Sir Robert Peel in 1829

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33
Q

What is the intent of the Peelian Principles?

A

The police are the public and the public are the police

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34
Q

What are 3 possible consequences of military force?

A

Diminished Public Trust
Loss of Public Approval
Public Fears Law Enforcement

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35
Q

Explain the significance of R. V. McNeil

A

Refers to an officer who lost all credibility and trust

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36
Q

Which 2 Peelian Principles speak to the topic of use of force?

A

Principle 4 and 6

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37
Q

What is the Peelian Principle #9?

A

Invisible Police. They want police presence but not see their actions.

38
Q

List 3 sources of Law

A

Common Law
Constitution
Statutes and Bylaws

39
Q

All laws must be consistent with what to have force and effect?

A

Constitution

40
Q

What constitution document is the Supreme Law of the Land?

A

Charter of Rights and Freedom

41
Q

Common law is also known as?

A

Case Law

42
Q

Articulate the difference in criminal and civil law on the burden of proof.

A

Civil law requires preponderance of evidence
Criminal requires beyond a reasonable doubt

43
Q

Difference between procedural and substantive laws?

A

Substantive is what law is
Procedural is how law is applied

44
Q

Who holds the burden of proof in Civil Trials?

A

The Plantiff

45
Q

Who are our stakeholders?

A

Customers of City Services
Visitors to Calgary
Citizens
Employees
Other enforcement agencies

46
Q

What are some realities of our environment that contribute to risk?

A

The people around us
Cellphone recording and CCTV
Location and environment of incidents

47
Q

What are 4 forms of misconduct?

A

Discreditable Conducts
Excessive use of force
Insubordination
Neglect of Duty

48
Q

Does off duty conduct impact your reputation or your employer’s reputation? How?

A

Yes it can.
Caveat: a connection between the off duty conduct and the employer

49
Q

How does the complainant get notified of the disposition of their complaint?

A

Notified in writing

50
Q

How long does the complainant have to request a review of the decision?

A

30 days

51
Q

If an appointment is cancelled, how long do they have, who do they contact and how is the appeal submitted?

A

30 days, Submit in writing to Law Enforcement Review Board.

52
Q

To mitigate the risk of a medical emergency, what are two common in custody conditions to watch for?

A

Excited Delirium (Excited Delirium Syndrome)
Positional Asphyxia (Postural Asphyxia)

53
Q

2 most common in-custody death?

A

Alcohol Intoxication and Drug Overdose

54
Q

Why do we do “Courtesy” transport?

A

Promote good customer service and community relations

55
Q

What do you do before an in-custody transport?

A

Conduct search Incident to the arrest of the accused

56
Q

Can you smoke weed in public in Calgary?

A

No

57
Q

A PO search under subsection (1), and finds liquor unlawfully kept or kept for unlawful purposes. The PO may do what?

A

Seize the liquor and the container it’s held in

58
Q

What must be articulated when arresting for Public Intoxication?

A

Subject is causing a disturbance to public
Unable to care for themselves
May out themselves or others at risk

59
Q

Can we ticket for Public Intoxication?

A

No

60
Q

Name a few places you may release a 10-12 to?

A

Care of a responsible person
Sobering facilities
Their residence if an adult is present
Police lockup

61
Q

What gives us authority to enforce under GLCA and GLCR?

A

Our appointments

62
Q

What are some GLCA restrictions? And their sections?

A

Section 87, 89, and 115

63
Q

In order to transport liquor, it must be what?

A

Stored or sealed in a closed container

64
Q

You must not consume liquor in a vehicle unless it is what?

A

A temporary residence

65
Q

In regards to alcohol, no minor may (3)

A

Purchase or attempt to
Obtain or attempt to
Possess or consume

66
Q

What are we limited to under the Traffic Safety Act?

A

Non-moving violations

67
Q

What is the article for Use of Highway and Rules of Road Regulation under the Traffic Safety Act?

A

AR304/02

68
Q

A driver must obey a PO’s directions during traffic control when it is deemed? (3)

A

Ensure orderly flow of traffic
Prevent injury or damage to person and property
Permit an accident or emergency to be dealt with

69
Q

For purposes of enforcing the TSA, a PO may request information from the driver and passengers of the vehicle? Is this true?

A

True

70
Q

What 3 things must be present for a peace officer to conduct an arrest under Section 169 of the Traffic Safety Act?

A

Person committed an offence in respect to any provision set in subsection 2
Person will continue or repeat the offence
Person provided inadequate or questionable info related to their Identification

71
Q

You detained a subject for jaywalking. They refused to provide their identity. Do you have the authority to arrest them?

A

Yes under the TSA

72
Q

Use of highways and rules of the road regulation section 63 (3) states emergency vehicles should arrive in which order?

A

Fire
EMS
CPS
Emergency Services (Enmax)
Other Emergency Responders (PO)

73
Q

What is the bylaw document called? Where can it be issued?

A

MGA 545 Order
Private Property

74
Q

What happens if you charter but do not caution someone?

A

Whatever they say is not admissible in court

75
Q

What is a psychological restraint or detention?

A

Where one is placed under the impression that they are not free to leave without being told so directly

76
Q

What is under section 10 of the Charter of Rights and Freedom?

A

Arrest and Detention

77
Q

When do you issue a yellow ticket and what part is it?

A

When fine is $1000 or less and is Part 3

78
Q

When do you issue a Pink Ticket and what part is it?

A

When fine is $1001 or more.
If they have previous convictions
If they have outstanding proceedings
If they provide an Out of Province ID but must include Specified/Voluntary Payment
Part 2

79
Q

When does the right to counsel arise?

A

When subject is charged

80
Q

What are the 4 Use of Force principles?

A

Public Safety
Officer Safety
Continuous Risk Assessment
Best Strategy

81
Q

Explain Use of Force section 25, 26 and 27 of the Criminal Code

A

Section 25 - Gives us the Power
Section 26 - Responsibility
Section 27 - Reasonable and Necessary

82
Q

What does AIM stand for?

A

Ability
Intent
Means

83
Q

What are the 7 Tactical Principles?

A

Winning Mentality
Cover and Concealment
Shielding
Time:Distance Ratio
One Plus One Theory
Threat Cues
De-escalation Verbal Commands

84
Q

What are the 5 risk areas to lookout for?

A

Weapons
Hands
Friends and Associates
Escape Routes
Environment

85
Q

What ACT is POPA? (number)

A

AR63/2017

86
Q

What Article is Community Standard Bylaw?

A

32M2023

87
Q

What Acts are in our Bylaw Appointment?

A

Animal Protection Act
Dangerous Dog Act
Stray Animal Act
Provincial Offences and Procedure Act
Gaming, Liquor and Cannabis Act
Traffic Safety Act
Tobacco and Smoking Reduction Act
Environmental Protection and Enhancement Act

88
Q

Physiological Changes in SNS?
IVPACH

A

Increased Heartrate
Vasoconstriction
Perceptual Narrowing
Auditory Exclusion
Cognitive processing
Hypervigilance

89
Q

Five Risk Areas in Use of Force?

A

Hands
Weapons
Friends and Associates
Escape Routes
Environment

90
Q

SNS sympathetic Nervous System
4 Triggers?

A

Objective threat perception
Objective fear perception
Physical Exhaustion
Startled Response

91
Q

What is section 11 in the Charter?

A

Proceedings in criminal and penal matters