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OPC > PROV LAW > Flashcards

PROV LAW Flashcards

1
Q

Three Steps for Ticketing

A
  1. Issue (within 30 days)
  2. Serve (within 30 days)
  3. File (as soon as practicable but no later than 7 days)
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2
Q

Issuing an Offence

A

Have a “belief” an offence occurred, must fill in pertinent info on a snap set ticket form, officially called a “certificate of offence”

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3
Q

Serve

A

PERSONALLY deliver or serve a defendant the completed “offence notice” copy (or summons)

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4
Q

File

A

once service is complete, sign “certificate of offence” and file it with the office of the court

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5
Q

Part I vs. Part III Determining Process

A

Seriousness
Consequences
Circumstances

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6
Q

Commencement of Proceedings

A

Part I: when the certificate of offence is filled in the office of the court; Part III: when the information is laid before a justice.

When the proverbial “wheels of justice” are set in motion

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7
Q

Before releasing, what needs to be satisfied?

A

P - public interest
R - repeat
I - identity
E - evidence
R - residence (200km? outside of Ontario?)

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8
Q

Part I: need

A

A Belief

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9
Q

Part III: need

A

reasonable, probable grounds

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10
Q

How long do you have to lay a charge?

A

Part I: 30 days, then Part III
Part III: 6 months, 3 years for CAIA, or 2 years for LLCA

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11
Q

Young Person

A

12 - 15 years

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12
Q

Residential Tenancies Act Purpose

A

To ensure the rights, obligations and responsibilities between landlords and tenants are clearly understood. Balance the power between landlords and their tenants “security of tenure”

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13
Q

Roles of Police in RTA

A
  1. keep the peace
  2. remain objective
  3. avoid giving legal advice
  4. ensure the safety of persons and protection of property
  5. ask to see pertinent documents
    provide referrals
  6. evidence may be required at tribunals
  7. Police may lay charges under Part III HOWEVER should contact IEU
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14
Q

Landlord and Tenant Board

A

Resolves disputes regarding rights and responsibilities, rent increases, evictions and privacy issues

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15
Q

Ministry of Municipal Affais and Housing

A
  • investigation and enforcement unit - responsible for compliance and enforcement under the RTA
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16
Q

Exemptions to RTA

A
  • Hotels - when used as transient accommodations
  • employment occupancy
  • non-profit/ cooperative housing
  • roommate of tenant
  • nursing homes
  • shared occupancy
  • educational, correctional occupancy
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17
Q

Landlord Right to Enter (with notice)

A

can be between 0800 and 2000 only if 24 hours written notice has been given to the tenant - need to give the reason for entry, time and date

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18
Q

Landlord right to enter (without notice)

A

on consent or in emergency

to show unit if
- notice of termination was given
entry between 0800 and 2000
makes reasonable effort to inform
repair or replace
carry out health, safety housing, or maintenance inspection

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19
Q

RTA evictions

A

landlord may apply for eviction AFTER given notice of termination (may apply immediately)
order enforces by sheriff office (police may assist)
tenant has 72 hours following eviction by sheriff to retrieve belongs between 0800 and 2000

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20
Q

RTA steps for lawful eviction

A
  1. serve valid “notice of termination”
  2. apply to LTB for “eviction order”
  3. serve teannt with App. and notice of hearing
  4. obtain an “eviction order” from LTB
  5. deliver order to sheriff to enforce
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21
Q

termination notices

A
  • no notice needed if agreed between landlord and tenant
  • period notice: 28 days for daily/weekly tenancy, 60 days for monthly/ yearly
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22
Q

Abandonment

A

not abandoned if:
- there are no arrears of rent
- no substantial evidence of abandonment
- landlord can’t dispose of property if abandoned unless first obtained an order from the board or give 30 days notice to tenant and to the board

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23
Q

Vital services RTA

A

withholding services is prohibited

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24
Q

RTA provisions

A
  • seizing tenant’s property is prohibited
  • lease/ contract cannot supersede and provisions of RTA
  • landlord may not change locks without giving tenant keys
  • tenant may not change locks without consent
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25
Q

Liquor definition

A

spirits, wine, beer, any combination, including any alcohol suitable for human consumption

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26
Q

Alcohol definition

A

a product of fermentation or distillation of grains, fruits, or other agricultural products. Includes synthetic ethyl alcohol

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27
Q

Beer Definition

A

any beverage containing alcohol in excess of prescribed amount obtained by fermented barley, malt, or hops - 0.5 of 1% V/V

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28
Q

Wine definition

A

any beverage containing alcohol in excess of prescribed amount obtained by fermented natural fruit sugars - 0.5 of 1% V/V

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29
Q

Spirits Definition

A

Distillation of any beverage containing alcohol obtained by distillation

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30
Q

Sell definition LLCA

A

to supply remuneration, directly or indirectly

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31
Q

POACH LLCA

A

Purchase
Obtain otherwise
Attempt to purchase
Consume
have … liquor

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32
Q

Parental Exemption

A

in a resident or private place, by a parent or person having legal custody, consumed in the place it is supplied

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33
Q

Residence LLCA

A

place actually occupied and used as a dwelling
whether or not in common with other persons
all premises in conjunction which the general population is not invited or permitted access
a tent, including land immediately adjacent to and used in conjunction with tent

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34
Q

LLCA - Private Place Indoor place

A
  • public is not ordinarily invited or permitted
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35
Q

Where is an intoxicated person not allowed? LLCA

A

no person shall be in an intoxicated condition in a place to which the general public is invited or permitted access

or

in any part of a residence that is used in common by persons occupying more than one dwelling in the residence

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36
Q

LLCA Intox in Public Place (3 part test)

A

Intoxication by alcohol AND is in a public place or common area AND arrest is necessary for the safety of any person

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37
Q

LLCA Fail to Identify (2 part test)

A

finds a person apparently in contravention of this Act AND Fails to give his or her name and address OR on reasonable grounds to believe that the name or address given is false

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38
Q

RTA: arrest authority

A

no general arrest authority

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39
Q

Name of forms

A

104 - short form
105 - information
106 - long form

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40
Q

Max fine in part 1

A

adult $1000
youth $300

41
Q

Police officer

A

chief or Other PO (not special constable or by law officer)

42
Q

104 short 4 used for, and issued by

A

used for: pers found at or near the place of offence
issued by: POO

43
Q

long form - issued by, who can swear to an information

A

issued by the Justice
anyone and swear to an information

44
Q

LLCA Private place - boat/ vessel

A
  • permanent sleeping accommodations
  • permanent cooking and sanitary facilities
  • anchored or secured to the dock or land

land or dock can be private place if the public is not invited or permitted

45
Q

LLCA Private Place - M/V

A
  • used as a residence
  • sleeping accommodations
  • cooking facilities
  • parks and OFF highway
46
Q

LLCA employment exemption, education exemptions, parental exemption

A

employment: 18 y/o at work can enter and remain
educational: s. 28 o reg 745/21
parental: given by parent, in a proven residence or pers. with lawful custody

47
Q

no pers shall have or consume liquor in a place other than and exemption

A

a. residence
b. premises with license or permit issued
c. private place
d does not apply if it’s in a closed container

exemption: closed container

48
Q

Private place: what’s included?

A
  1. indoor place
  2. Motor vehicle
  3. Boat/ Vessel
49
Q

LLCA Possession (requirements)

A

knowledge
consent
control

50
Q

When can you search LLCA?

A

PO or conservation officer, who reasonably believes
- that liquor is being unlawful kept
- in a vehicle or boat
- may at any time without warrant enter and search
- vehicle or boat And Any person found in it

51
Q

LLCA: search a person

A

only authority unto search a person is when you are searching a motor vehicle or boat (liquor is being kept unlawfully)

52
Q

LLCA: seizure

A

seize anything, including liquor, if:
-evidence
- reasonably believes that:
> used in connection of an offence under this act
> would continue the offence
- proceeds of an offence

53
Q

LLCA inspection authorities

A

To ensure compliance
- enter any place at reasonable time
- request documents or things relevant
- inspect and upon receipt remove documents or things relevant

54
Q

CCA: amount of time to lay a charge

A

2 years to charge from day of the offence

55
Q

RTA keys

A
  • landlord may nor change locks without giving tenant keys
  • teenat may not change lock without consent
56
Q

Part 1 Limitations

A
  • must include a set fine
  • summons must have a court date
  • no jail time
  • your pers must be served a summons
57
Q

What is a Premise?

A
  • Lands
    • Structures
    • Includes
      ○ Water
      ○ Ships/vessels
      ○ Trailers / portable structures
      ○ Trains / railway cars / vehicles/ aircrafts
      Except while in operations
58
Q

What is an Occupier?

A

Physical possession of premises
- responsibility for/ control over premise/ activity
- school boards

59
Q

How can notice be given?

A
  1. Orally or in writing
  2. Signs (clearly visible in daylight)
  3. Marking Systems
60
Q

What are the 3 basic charges laid under the TPA?

A
  1. Engage in Prohibited activity
  2. enter when entry prohibited
  3. refuse to leave when directed
61
Q

What are the types of markings?

A

min 10 cm, at each access point, visible in daylight

red= prohibited
yellow= prohibited except for certain activities

62
Q

TPA - When is no notice required?

A
  • garden, field (if it grows don’t go)
  • enclosed or fences
63
Q

What is implied permission?

A

access for lawful purpose to door of building, for communication

64
Q

What does it mean to engage in prohibited activity?

A
  • person not acting under right / authority
    • without permission of occupier
      engages in activity prohibited under act
65
Q

What does it mean to “fail to leave when directed?”

A
  • person not acting under right / authority
    • does not leave immediately after directed
      ○ by occupier
      person authorized
66
Q

TPA - Who is the onus on?

A

the person charged must prove they had lawful right, or colour of right to have reasonable belief they have a title or interest in the property

67
Q

What are the two arrest authorities?

A

ON the premise or OFF the premise

68
Q

What is the ON Premise arrest authority

A
  1. Police, Occupier or Authorized Agent (P.O.A.)
    1. may arrest on R & PG
    2. breach of Sec. 2 (“Enter’, “Engage” or “Refuse”) and fail to leave
      (note**if Occupier or Agent makes arrest, they must promptly call & tum over to a P.O.)
69
Q

What is the OFF premise arrest authority?

A
  1. Police officer
    1. R & PG person has been in contravention
    2. Made fresh departure
    3. Person refuses to identify, or R& PG identity is false
      S.10 TPA
70
Q

Apprehension vs. Arrest

A
  • Arrest: Take physical control with intent to detain - charges may or may not be pursued. RTC must be provided
  • Apprehension: Take physical control with intent to detain. Charges are not pursued, rather, apprehension is made for safety. RTC are not always required
71
Q

What is a voluntary patient?

A
  • Admitted on recommendation of physician
  • Not detained/ restrained
  • Chooses to be admitted and can leave anytime
72
Q

What is an Informal Patient

A
  • Person who is a patient in a psychiatric facility under consent of another person who is entitled to give or refuse consent to treatment on his/her behalf
    chooses to be admitted and can leave anytime
73
Q

Involuntary Patient

A

brought in on a form 1, Person detained in a psychiatric facility under a certificate of involuntary admission or certificate of renewal (psychiatrist will use to extend their stay)

74
Q

What is a mental Disorder?

A

a disease or disability of the mind

75
Q

Whos is an officer in Charge?

A
  • Officer responsible for the management of psychiatric facility
  • Usually the head psychiatrist
76
Q

What is a form 1?

A
  • Must be signed by physician within 7 days of examination
  • Valid for 7 days after signed
  • Authorizes any person to take person to facility
  • Authorizes detention in psychiatric facility for observation / examination for up to 72 hours

7 day, 7 days, 72 hours

77
Q

Physicians Application for Psychiatric Assessment (“APA”)

A
  • Sec 15 MHA
    ○ person examined within 7 days by physician, whether history of mental illness/treatment or not
    ○ physician has reasonable cause to believe person is danger to self or others, or inability to care for self
    ○ physician makes application for assessment in Form 1
78
Q

Physician’s Order - Community Treatment Order

A
  • Physician’s order for examination
  • Section 33.3 MHA
    ○ person who is suffering from a mental disorder is living in the community under a Community Treatment Order, and
    ○ person fails to comply with CTO,
    ○ physician may terminate CTO, and make an order for examination
  • Form 47
    ○ directed to police
    valid for 30 days
79
Q

Justice of the Peace order for psychiatric examination

A

○ Sec 16 MHA
§ any person (including police) can lay an information before a justice outlining grounds
§ typically initiated by family members
§ JP must be convinced that subject is a danger
- Form 2
○ directed to police
valid for 7 days

80
Q

Judges order for examination

A

(Sec 21)
○ person is before the court under a charge or conviction
○ Judge believes person suffers mental disorder
- Judges order for admission (Sec 22)
○ person is in custody before the court charged with an offence
○ Judge believes person suffers mental disorder
○ 2 month maximum
Senior physician (“Psychiatrist–in-Chief”) reports in writing to judge

81
Q

What are Police’s Powers of Apprehension?

A
  • Section 17
  • situations too dangerous to wait,
  • authority to apprehend
    ○ take person into custody
    ○ to an appropriate place
    ○ for examination by a “physician”
82
Q

What is the 4 part test of Sec 17 MHA?

A
  1. RPG believes person is or has acted disorderly
  2. reasonable cause to believe is or has demonstrated violence or can’t care for self
  3. apparent mental illness likely to result in serious BH to anyone
  4. too dangerous to wait to get JP’s order under s. 16
83
Q

what is Absent without leave under the MHA

A
  • unauthorized absence where a involuntary patient is AWOL
  • directing police to return on form 9
  • return within one month
    patient deemed discharged if not returned within one month
84
Q

What does restrain wrt MHA?

A
  • means to place under control when necessary to prevent serious bodily harm to the patient or other person by the minimal use of force, mechanical means or chemicals
  • this section refers to medical professionals and employees of hospitals/psychiatric facilities
85
Q

What is the duty of Police in the MHA

A
  • police officer shall remain at the facility and retain custody until the facility takes custody
    ○ S. 33 MHA
  • Bill 68 (Brian’s Law)
    ○ that custody be transferred as soon as reasonably possible, and
    ○ that police be notified promptly when a decision is made to accept or not accept
86
Q

Criminal Charges and Mental Health

A
  • if applicable, charge criminally and hold for show cause hearing
  • advise crown attorney of findings
  • court should hold person on secondary grounds being “public interest”
  • S. 22 MHA: court order for admission to a psychiatric facility for assessment
  • where person apprehended under section 17, criminal charge/proceedings may follow examination by physician
87
Q

Who is defined as a child in the CYFSA

A

means actually or apparently younger than 18 years old

88
Q

What is a safe place?

A
  • a foster home,
  • a hospital, and
  • a place designated as such by a Director;
  • but does not include,
    ○ a place of temporary detention,
    ○ of open custody or
    ○ secure custody subsection
  • 74(1) CYFSA
    ○ NOTE: “place of safety” does not include:
    § a police station (not in cells) or a school (could be the source of the problem)
    § Firehall (firefighters not always there)
89
Q

When is a child in need of protection?

A

○ A child is in need of protection where the following conditions or situations exist.
- physical harm
- sexually molested / exploited
- requires medical treatment
- emotional harm
- mental, emotional, developmental condition
- abandoned
- Under 12 years: offences
- parent surrenders custody

90
Q

What is the duty to report?

A

○ if a person
○ including a person who performs professional or official duties with respect to children,
○ has reasonable grounds to suspect a child in need of protection
○ the person shall forthwith report the suspicion and the information on which it is based to a society

91
Q

What is Police officer’s duty to report?

A
  • ongoing duty to report
  • need to report suspicion
92
Q

Child apprehensions

A
  • Apprehension can be with or without warrant
  • Without warrant- RPG “Substantial Risk” to health or safety EXISTS, then peace officer/Child Protection Worker may apprehend w/o warrant and bring to a place of safety.
    If no RPG “Substantial Risk” investigate further application to Justice of Peace for warrant/hearing.
93
Q

What is the curfew under the CYFSA?

A

child less than sixteen years of age shall not loiter in a public place between the hours of midnight and 6 a.m. or in a place of public entertainment between the hours of midnight and 6 a.m.
unless the parent accompanies the child or authorizes a specified individual eighteen years of age or older to accompany the child

94
Q

Child under 12 years Committing Offence

A
  • peace officer on R & PG
  • child under 12
  • has committed an act / offence
    ○ may apprehend without warrant
  • Must return child to parent / person having charge as soon as practicable or to a place of safety until returned
95
Q

What are the provisions for supervision?

A
  • no person
  • having charge of a child
  • less than sixteen years of age
  • shall leave the child without making provision for supervision and care
  • that is reasonable in the circumstances
96
Q

Warrant to Apprehend: child in need of protection

A

sworn information before a JP when there are RPG child under 16 years, in need of protection, no substantial risk to child’s health or safety, less restrictive not adequate

97
Q

Warrant to apprehend: Runaway Child

A
  • Upon sworn information of a parent before a JP
  • (**no authority to apprehend a runaway without a warrant)
    ○ child under 16 years;
    ○ withdrawn from parents care or control (i.e. runaway),
    ○ R & PG child’s health or safety is at risk if not apprehended
  • authorizing peace officer or CAS worker to apprehend and return child to parents
    alternatively, to a place of safety, with notice to parent for return
98
Q

Is correction of a child by force allowed?

A

yes, s. 43 CC states:
1. Every Schoolteacher, parent, or person standing in the place of a parent
2. Justified in using force
3. For correction
4. Against a child/pupil under their care
Force does not exceed what is reasonable in the circumstances

OPC (6 decks)

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