Responsibilities and Authorities Flashcards
Does The Wildlife Act 1998, fall under the Ministry of Environment?
Yes
Does The Fisheries Act, fall under the Ministry of Environment?
No, because it is federal legislation
Does The Environmental Management and Protection Act, 2010, fall under the Ministry of Environment?
Yes
Does The Alcohol and Gaming Regulations Act, 1997, fall under the Ministry of Environment?
No
Does The Parks Act, 1998, fall under the Ministry of Environment?
Yes
Does The Fisheries (Saskatchewan) Act, 2020, fall under the Ministry of Environment?
Yes, because it is provincial
Why can Conservation and Park Enforcement Officers enforce the Alcohol and Gaming Regulations Act, 1997; if it is not part of the Ministry of Environment?
Because they are special constables under The Police Act, 1990
What gives authority to arrest or serve under statues that are not environment?
Special constable appointment
What section of the Canadian Criminal Code holds peace officers accountable if they use excessive force?
s 26
What does Officer Discretion mean?
An authority conferred by law to act in certain conditions or situations in accordance with an official’s or an official agency’s own considered judgment & conscience
When can Officer Discretion not be used?
- as an excuse for failure to enforce legislation
- to justify favoritism to certain individuals or groups
- to relieve an officer of the onerous responsibilities
What section of the criminal code provides authority and limitations for use of force?
s 25
What 3 conditions need to be met to validate your use of force?
- Providing you’re acting under lawful authority
- Reasonable + Probable grounds
- Reasonable use of force
Under what circumstances can an officer evict from a provincial park?
Anything under s 32 of The Parks Act
Under what circumstances can you arrest someone under The Parks Act in a Provincial Park?
If an already evicted person tries to regain entry to a park before their eviction time is up ex. if evicted for 72 hours they try to regain entry after 28 hours
You’re at a boat launch watching a boat pull out of the launch. You can see fishing rods sticking out of the boat. What statue gives you authority to stop and inspect the boat?
The Fisheries (Saskatchewan) Act, 2020
Who are the primary responsibilities of an officer?
- employer
- officers
- public
- law
What does section 7 of the charter state?
Life, Liberty and security of person- Everyone has a the right to life, liberty and security of the person and the right not to be, deprived therefor except in accordance with the principles of fundamental justice
What does section 8 of the charter state?
Search and Seizure- Everyone has the right not to be arbitrarily detained or imprisoned
What does section 11 of the charter state?
Arrest or detention- Everyone has the right on arrest or detention;
a) to be informed properly of the reason therefore;
b) to retain and instruct counsel without delay and to be informed of that right; and
c) to have the validity of the detention determined by way of habeous corpus and to be released if the detention is not lawful
d) presumed innocent until proven guilty
e) not be denied reasonable bail without cause
f) allowed a trail by jury (except in military cases)
g) not be found guilty of any act or omission unless at the time of the act or omission it was considered an offence under the Canadian or international law
h) not be tried for an offence a second time unless acquitted of it
i) take the lesser punishment of an offence if the time between a guilty sentence and punishment has varied– varied between the time of commission and the time of sentencing
What does section 10 of the charter state?
Proceedings in criminal and penal matters- Any person charged with an offence has the right;
a) to be informed without unreasonable delay of the specific offence;
b) to be tried with in a reasonable time
c) not be compelled to be a witness in proceedings
What does section 9 of the charter state?
Detention or imprisonment - Everyone has the right not to be arbitrarily detained
What does section 12 of the charter state?
Treatment or punishment - Everyone has the right not to be subjected to any cruel and unusual treatment or punishment
What does section 13 of the charter state?
Self-crimination - A witness who testifies in any proceedings has the right not to have any incriminating evidence used against them
What does section 14 of the charter state?
Interpreter- A party or witness who does not understand or speak the language or is deaf has the right to assistance or an interpreter
What some more examples of The Ministry of Environmental mandated legislations?
-The Ecological Reserves Act
- The Environmental Assessment Act
- The Environmental Management & Protection Act, 2010
- The Fisheries (Saskatchewan) Act 2020
- The Forest Resources Management Act
- The Natural Resources Act
- The Ozone-Depleting Substances Control Act, 1999
- The Wildfire Act
- The Provincial Lands Act
- The Regional Parks Act
- The Water Appeal Board Act
- The Wildlife Act, 1998
- The Wildlife Habitat Protection Act
- The Parks Act
