Prov Law Final Exam Flashcards
Under the MHA, an involuntary patient is defined as a:
person detained in a psychiatric facility under a certificate of involuntary admission or certificate of renewal.
A Justice of the Peace order for psychiatric assessment under section 16 of the Mental Health Act is directed to ____________ and is valid for ____________.
police, and 7 days
A physician’s ‘Application for Psychiatric Assessment’ under section 15 of the Mental Health Act authorizes __________ to take the subject of the application to a psychiatric facility
any person
A Judge’s order for admission under section 22 of the Mental Health Act, deals with persons who are already in custody and charged with an offence. Any person so ordered, may be admitted as a patient at a psychiatric facility for a period of:
not more than 2 months
A physician’s order for examination under section 33.3 (Community Treatment Order)is directed to the police and is valid for:
30 days
When proceeding with charges against a ‘young person’ under Part I of the Provincial Offences Act, if found guilty, the maximum fine a Justice can impose in court is…
$300
To commence proceedings under Part I of the Provincial Offences Act, a Provincial Offences Officer requires ____________ that an offence has been committed.
a belief
After serving a defendant with a Part I offence notice or summons, the Provincial Offences Officer must file the certificate of offence at the court _______ after service of the offence notice or summons.
as soon as practicable but no later than 7 days
A ‘young person’ according to the Provincial Offences Act is defined as:
12-15yrs but under 16
Provincial Offences Officer’ means:
A police officer or a person designated under subsection 1(3)
A provincial offences officer must have __________ to commence proceedings under Part III of the Provincial Offences Act.
RPG to believe that an offence has been committed
A Part III long form summons can be served on the person named by leaving it at their last known address or place of abode with someone who is or appears to be at least:
16 years of age
According to Part III of the Provincial Offences Act, proceedings are commenced by:
laying an information
Pursuant to Part III of the Provincial Offences Act, a provincial offences officer has ___________to commence a proceeding (lay a charge).
Up to 6 months after the date of the offence
Who may lay an Information under Part III of the Provincial Offences Act?
anyone
Under the RTA a landlord may without written notice enter a rental unit to show if :
Notice of termination is given / agreed, between the hours of 8:00am and 8:00pm and the landlord has made reasonable efforts to inform the tenant
The role of the police when responding to disputes under the Residential Tenancies Act is:
Keep the peace, remain objective, avoid giving legal advise, make referrals, insure people are safe and properly protected, and check pertinent documentation
Alleged offences under the Residential Tenancies Act are investigated by:
Ministry of municipal affairs and housing when considering charges under the RTA
Under the RTA a landlord who has identified a tenant as being behind in the rental payments can lawfully do which of the following:
Serve the tenant with a notice of termination of the tenancy
The Residential Tenancies Act allows entry under which of the following circumstances:
24hrs written notice to tenant
The definition of “alcohol” under the Liquor Licence Act is:
Product of fermentation or distillation of grains, fruits, or other agricultural products and includes synthetic ethyl alcohol
No person shall have or consume liquor in any place other than:
A residence, premises in respect of which a licence or permit is issued or a
private place as defined in the regulation
No person under 19 years of age shall have, consume, …POACH
Purchase, Attempt to purchase, or otherwise obtain liquor
It is lawful to supply liquor to a person under 19 years of age when liquor is supplied:
In a residence or private place by a parent of the person supplied or having lawful custody and the liquor is consumed at the place supplied
The definition of “liquor” under the Liquor Licence Act is:
Spirits, wine, beer, or any combination and includes any alcohol in a form appropriate for human consumption
A boat with permanent sleeping accommodations and permanent cooking and sanitary facilities is a private place while the boat is :
At anchor or secured to the dock or land
Which of the following is not considered identification as prescribed by the Liquor Licence Act:
ONTARIO health card
If a police officer finds a person apparently in contravention of the Liquor Licence Act or its regulations, and the person refuses to identify his/her self, or the police officers believes the identification is false, the officer may:
Arrest the person without warrant
A place that is actually occupied and used as a dwelling, whether or not in common with other persons including places to which general public is not invited or permitted access, and if place occupied is a tent, includes land immediately adjacent to used in conjunction with the tent is a ___________ under the Liquor Licence Act.
residence
No person shall be in an intoxicated condition in:
a public place or common area at any time
A youth under 19 years of age is observed by you with open liquor and fails to identify her/himself. The correct course of action is to:
Arrest the youth for being in contravention of the act and failing to identify
Choose the lawful statement when transporting liquor in a motor vehicle.
A closed container, seal unbroken, on the right front passenger seat
The condition(s) that must be present to arrest for intoxication are:
A person must be intoxicated by alcohol, in a public place or common area,
and a safety risk to self or others
Your search authority for persons under the Liquor Licence Act only applies when:
Persons are found in a motor vehicle or boat being lawfully searched for liquor
You stop a motor vehicle on patrol and approach the driver. You observe an open case of beer with (6) sealed bottles of beer and no other signs of open/consumed liquor. The best enforcement action is:
No action since no offence has been committed
A notice under the Trespass to Property Act may be given:
Orally, in writing, sings posted and visible during daylight or marking systems set out in the section
“Premises” means lands and structures and includes:
Water, ships, vessels, trailers, portable structures, trains, railways cars, vehicles, and aircraft except while in operation
According to the Trespass to Property Act which of the following is not an occupier?
postal worker on premises delivering mail
Where the occupier or the person authorized by the occupier arrests someone under subsection (1) they shall:
Promptly call for assistance of a police officer and give the person arrested to a Police Officer
A police officer, occupier or person authorized by the occupier may arrest without warrant on premises any person who he/she believes ________________ has committed an offence under sec. 2.
On reasonable and probable grounds
A Judge’s order for admission under section 22 of the Mental Health Act, deals with persons who are already in custody and charged with an offence. Any person so ordered, may be admitted as a patient at a psychiatric facility for a period of:
not more than 2 months
A Justice of the Peace order for psychiatric assessment under section 16 of the Mental Health Act is directed to ____________ and is valid for ____________.
police, 7 days
A physician’s ‘Application for Psychiatric Assessment’ under section 15 of the Mental Health Act authorizes __________ to take the subject of the application to a psychiatric facility.
any person
A physician’s order for examination under section 33.3 (Community Treatment Order) is directed to the police and is valid for:
30 days
Under the Mental Health Act, an involuntary patient is defined as a:
Person detained in a psychiatric facelift under a certificate of involuntary admission of certificate of renewal
The term “child” as defined under the Child and Family Services Act “ is a person:
under 18yrs
No parent of a child less then 16 years of age shall permit the child to loiter in a public between the hours of:
midnight and 6am
A child protection worker who believes on _______ that a child is in need of protection and there would be ___________ to the child’s health and safety may without a warrant bring the child to a _____________:
Reasonable and probable grounds, substantial risk, place of safety
A “place of safety” under the Child And Family Services Act does not include:
place of secure custody
Under the Child and Family Services Act, in order for a police officer to apprehend a child in need of protection they must:
Have RPG to believe the child is in need of protection
A police officer, called to a school, has reasonable and probable grounds to believe a child is in need of protection and is at substantial risk. The officer may:
Use force if necessary, enter the school without warrant and apprehend the child in need of protection
You have reasonable and probable grounds to believe that a step-parent has sexually molested their 15-year old step-child. As a police officer you are obliged to:
Investigate and report the matter to the Children’s aid society and lay appropriate charge
You observe a 14-year old child, who is known to police, in the downtown core without parental supervision at 1:00 a.m. According to the Child and Family Services Act you:
May apprehend the child and take them home or to a place of safety
ON premise TPA arrest authority. Who can arrest and when?
-police, occupier, authorized agent
-may arrest on RPG
-In contravention of S 2
OFF premise TPA arrest authority. Who can arrest and when?
-police officer
-RPG person in contravention of S 2
-made fresh departure
-person refuses to identify
What is the definition of apprehension?`
-taking physical control with intent to detain
-charges not pursued
-apprehended for safety
-RTC not always required
Who can apprehend under S 16? How long is the form valid for? and where does the person need to be taken?
-police can apprehend
-valid for 7 days
-taken to appropriate place to be examined
What section does a judges order fall under?
s 22
How does a judges order for admission work?
-person is in custody
-suffering from mental disorder
-2 months max
-senior physician reports in writing to a judge
What is an order for return? (form 9)
it directs police to make reasonable attempts to return the person to the same or nearest facility
-return within 1 month OR patient deemed discharged
What is absent without leave? AWOL
When an involuntary patient is AWOL and hospital issues an order for return
What is the S 17, 4 part test?
- PO on RPG believes person is or has acted disorderly
- reasonable cause to believe is or has demonstrated violence/can’t care for self
- apparent mental illness likely to result in serious bodily harm to anyone
- too dangerous to wait to get a JP order under S 16
Who can lay an information to a JP for a psych assessment order?
anyone
What section does a JP order fall under?
s 16
Who can apprehend under S 33, how long is the form valid for, and who must you return the person to?
-police apprehend
-valid 30 days
-return to physician
Who can apprehend under S 15, how long is the form valid for, and how long can the patient be held?
-any person can apprehend
-valid for 7 days
-held for 72hrs @psych facility
Under which sections does a physician act?
sections 15 and 33
What is a mental disorder?
disease or disability of the mind
What is an involuntary patient?
person detained in a psychiatric facility under a certificate of involuntary admission or certificate of renewal
What is an informal patient?
patient in a psychiatric facility under consent of another person- can leave @ any time
What is a voluntary patient?
admitted on recommendation of physician-can leave @ any time
What is the definition of abuse?
means a state or condition of being physically harmed, sexually molested, or sexually exploited
What is the definition of a child under the CYFSA?
18yrs
What is the age of apprehension in terms of “child in need of protection”?
under 16yrs
Define a place of safety
-foster home
-hospital
-place designated as such by director
No parent of a child less than 16yrs shall permit the child to loiter in a public place between the hours of?
midnight-6am
When can you authorize a child protection worker to bring a child to place of safety?
on RPG child is under 16yrs, is in need of protection and less restrictive courses of action is not available
Can you apprehend a runaway child without warrant?
no you must have a warrant
What has to happen for a warrant to exist for a runaway?
-sworn information of a parent to JP
-child under 16
-withdrawn from parents care
-RPG for Childs health/safety
What is a matrimonial home?
property in which the person has interest that is or was at separation ordinarily occupied by person and spouse as their family residence
What is an order for exclusive possession?
Court may direct that one spouse exclusively possess the home
What authority exists for a PO when a spouse breaches an order of exclusive possession?
an arrest and charge under the FLA, if PO has RPG that person has contravened the order
Explain a restraining order in your own words…
when a spouse/former spouse, cohabiter, is told they can’t directly or indirectly communicate/contact with the applicant or their children and must stay away from certain locations
Can you arrest someone who contravenes a restraining order?
Yes
What do you need to check for on a court order?
-jurisdiction
-child name +DOB
-schedule of access/custody
-date
-official seal/stamp if certified copy
-signature of court personnel
Duty to Act: Under S 36(2) either stands alone or amendment within existing custody order, what SHALL police do?
all things reasonable to locate, apprehend and deliver child
entry and search: where an order exists under s 36(2), police may enter and search….
-any place between 6am-9pm
-RPG to believe child located
-using such assistance and force as are necessary
