Prep Flashcards
How long do you have to file a human rights complaint?
1 Year
Human Rights Act: Complaints must fall within at least (2)?
One Protected Area and One Protected Ground
Name 4 Alberta Human Rights Act Protected Area
Publication, Goods/Services, Equal Pay, Tenancy, Equal Job Application
Name 8 Alberta Human Rights Act Protected Grounds
Race, Gender, Age, Sexual Orientation, Religion, Family Status, Ancestry, Place of Origin
What does Duty to Accommodate mean?
Make changes to policies, rules or standards to allow one to fully participate
In a civil proceedings, what is the burden of proof?
Preponderance of evidence
In a criminal proceedings, what is the burden of proof?
Beyond a reasonable doubt
Explain racial profiling
Judging one based on their demographic background instead of them as an individual
What is the Supreme Law of the Land?
The Charter of Rights and Freedom
What is section 7 of the Charter?
One’s rights to life, liberty and security
Define what a constitutional search is?
A search authorized by law
The law must be reasonable
The manner of the search is reasonable
What are 3 reasons we search an individual?
To prevent escape, to obtain or secure evidence, and for weapons
Is there an expectation of privacy in public?
No, you leave your home as how you’re willing to present yourself in public
Define section 9 of the Charter
Person’s rights to not be unlawfully detained or imprisoned.
What does detention mean?
Suspension of one’s liberty by a significant physical or psychological restraint
What are 3 rights under arrest and detention?
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
Define section 7 of the MGA
Allows a municipality to pass and enforce bylaws
What are the Maximum penalties under the MGA?
$10000, 1 Year or Both
Provide 3 examples of powers allowed under Section 8 of MGA
Provides license, permits and fees
Impose terms and conditions on license/permits
Provide a process to appeal and the body to decide the appeal
What is the purpose of Bylaws?
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.
Summarize Section 555(1) of the MGA
Bylaw enforcement officers are responsible for the preservation and maintenance of public peace.
Section 556 of the MGA states:
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
What are the two classifications of Bylaws?
Absolute liability and Strict liability
What 3 legislation governs Peace officers?
Peace Officer Act
Peace Officer Act Regulation
Peace Officer Act Ministerial Regulation
What is the vision of the Public Safety Peace Officer Program?
Improve communication, coordination, cooperation and collaboration between Police and PO
How must a complaint be made against an officer?
Made in writing
3 types of complaints which fall under abandonment?
Frivolous, Vexatious and Bad Faith
3 complaint disposition following investigation?
Unfounded, unsubstantiated, merit in whole or in part
Which section of the Peace Officer Act can you find Employer Authorization?
Section 5
What section of the Peace Officer Act manages complaints?
Section 14 and 16
What could lead to the cancellation of employer authorization to employ Peace Officers?
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
Name of man who made the 9 principles of modern policing and in what year?
Sir Robert Peel in 1829
What is the intent of the Peelian Principles?
The police are the public and the public are the police
What are 3 possible consequences of military force?
Diminished Public Trust
Loss of Public Approval
Public Fears Law Enforcement
Explain the significance of R. V. McNeil
Refers to an officer who lost all credibility and trust
Which 2 Peelian Principles speak to the topic of use of force?
Principle 4 and 6