Strategic Risk Protection 2018

Question 1

What is a Security Guard

Answer 1

A security guard is usually a formal and private employee who’s paid to protect the property, assets, and people

Question 2

What is the act that governs Security Guards in Ontario?

Answer 2

The act that governs is the Private Security and Investigative Services Act, or P….S….I…..S…..A.

Question 3

When managing behaviour, what are the protective goals

Answer 3

Make sure you and others are protected MENTALLY, PHYSICALLY, and LEGALLY

Question 4

Define a conflict?

Answer 4

A conflict is a disagreement. Or D….I…S….S

Question 5

Define a crisis

Answer 5

A crisis is a disagreement that can’t be resolved

Question 6

Define a confrontation

Answer 6

A confrontation is a physical encounter where there is a conflict/crisis.

Question 7

Name four types of stress (and what is stress)

Answer 7

The four types of stress. They are, General Stress Negative Stress Critical Incident Stress (such as lethal force) PTSD or post traumatic stress disorder Stress is a stage of cognitive, emotional and physical arousal

Question 8

What is Bill C-45

Answer 8

Started March 31 2004 federal legislation amended Canada Criminal Code - new legal duties for workplace health and safety imposing serious penalties for violations resulting in serious injury or death. Provides new rules criminal liability for organizations and there representatives.

Question 9

What is Bill 168

Answer 9

Modified the Occupational Health and Safety Act expanding the definition of work place violence and harassment and added specific and explicit requirements for employers

Question 10

What is tort law

Answer 10

Tort law is the name given to the body of law that creates and provides remedies for civil law. Tort law is based on the principal of finding 51% fault to 49% as opposed to criminal law which is 100% conviction principal.

Question 11

FIXXX.What legislation protects information in the Hospital? Who responds to it and who enforced it?

Answer 11

The Personal Information Protection and Electronic Documents Act (abbreviated PIPEDA or PIPED Act) is a Canadian law relating to data privacy. It governs how private-sector organizations collect use and disclose personal information in the course of commercial business. A notification is send to the privacy officer of the Hospital ???????? And ???????? Enforced it? What are the steps?????

Question 12

What does Workplace Violence mean

Answer 12

Workplace Violence means that an attempt, statement or behaviour of physical force against a worker in a work place

Question 13

What does Workplace Harassment mean

Answer 13

Workplace harassment: Engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome. Workplace harassment may include bullying, intimidating or offensive jokes or innuendos, displaying or circulating offensive pictures or materials, or offensive or intimidating phone calls.

Question 14

What is Section 8 of the charter of rights

Answer 14

Section 8 gives everyone the right to be secure against unreasonable search and seizure. The Supreme Court of Canada has ruled that a search is reasonable when it is authorized by law and is carried out within that context. A lawful search (with or without a warrant), can become unlawful during the search, thus creating a violation of the Charter, which could result in the exclusion of any evidence that the Crown is attempting to introduce at the trial. Add more from below website: https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art8.html

Question 15

What is Section 9 of the charter of rights

Answer 15

Section 9 of the Charter protects an individual’s right not be to arbitrarily detained or having their liberty to move about unrestrained. Psychological Detention: A psychological detention occurs where the subject is legally required to comply with a direction or demand or where, in the absence of such a direction, state conduct would lead a reasonable person to conclude that he or she had no choice but to comply (Grant, supra at paragraphs 30-31, 44). In cases where there is no physical restraint or legal obligation to comply, determining whether a person has been detained may be more challenging. To determine whether the reasonable person in the individual’s circumstances would conclude that he or she had been deprived by the state of the liberty of choice, the court may consider factors including the following: the circumstances giving rise to the encounter as they would reasonably be perceived by the individual: whether the police were providing general assistance; maintaining general order; making general inquiries regarding a particular occurrence; or, singling out the individual for focussed investigation; the nature of the police conduct, including the language used; the use of physical contact; the place where the interaction occurred; the presence of others; and the duration of the encounter; and the particular characteristics or circumstances of the individual where relevant, including age; physical stature; minority status; level of sophistication (Grant, supra at paragraph 44). The above analysis involves an objective determination, made in light of the circumstances of the encounter as a whole. Not every interaction between a police officer and a member of the public is a detention within the meaning of section 9: [T]he police cannot be said to “detain”, within the meaning of sections 9 and 10 of the Charter, every suspect they stop for purposes of identification, or even interview. The person who is stopped will in all cases be “detained” in the sense of “delayed”, or “kept waiting”. But the constitutional rights recognized by sections 9 and 10 of the Charter are not engaged by delays that involve no significant physical or psychological restraint (R. v. Mann, [2004] 3 S.C.R. 59 at paragraph 19, cited in R. v. Suberu, [2009] 2 S.C.R. 460 at paragraph 23). Therefore, an investigative detention does not necessarily arise the moment police engage an individual for investigative purposes or ask preliminary questions (Suberu, supra at paragraphs 23-24, 28). When applying the objective test set out in Grant to determine whether the individual has been psychologically detained, the perspective of the reasonable person must be informed by the fact that a bystander is under no legal obligation to comply with a police request for information or assistance. The onus is on the applicant to demonstrate deprivation of liberty in the circumstances (Suberu, supra at paragraphs 22, 28).

Question 16

What are 3 requirements under the code of conduct

Answer 16

Security Guards are expected to “treat members of the public in a respectful and professional manner.” 1 Act with honesty and integrity 2 Comply with all federal, provincial and municipal laws 3 Treat all persons equally (without discrimination) 4 Avoid using profanity or abusive language 5 Avoid using excessive force 6 Not be under the influence of alcohol or drugs while on d

Question 17

List 2 requirements you need to be professional

Answer 17

1. Respecting the concerns and orders of the company and its clients. 2. Keep all company and client information confidential, and respect their need for privacy. 3. Respect the chain of command and company policies regarding supervision. 4. Act in accordance with all provided company and client direction and all appropriate government legislation.

Question 18

Why do we use the Use of Force Model

Answer 18

The UOF Model assists the community standards understands the Officer’s decision making process. It shows the legal articulation and the decision making of the officer. Draw the use of Force model

Question 19

What are the conditions of a force response

Answer 19

The factors should be considered when determining the amount of force to be used are: J……A…….A……R JAAR Justified Authorized A….and not excessive Reasonable

Question 20

What are the tactical considerations in the UOF model

Answer 20

The tactical considerations are for a officer are the opponents; S…S…P…S 1 Size, 2 Strength, 3 Personal experience, 4 Skill 5 age 6 fears 7 health issues 8 perception Other resources: swat, ERT.

Question 21

What are 5 situational factors in the UOF model

Answer 21

In accordance with the IAW, There are 6 situational factors when involving the Use Of Force Model: P..P..K..E..N..T 1 2 Number of subjects 3 Knowledge of subject 4 Environment 5 Time and distance 6 Potential Attack Signs Environment o Number of subjects o Perceived subjects abilities o Knowledge of subject o Time and distance o Potential Attack Signs See Stop 2 book page 8 of 29

Question 22

Draw the Use of Force Model Step 1

Answer 22

Draw the lines

Question 23

When is lethal force justified

Answer 23

Lethal force is justified when all levels of the crisis model have failed in attempting to counter a response; Communication/co operative Passive resistant Active resistant Assaultive Deadly force

Question 24

What is an individual in crisis

Answer 24

M……E. Me Mentally and emotionally unstable person who can’t make an informed decision

Question 25

What is Mental Health

Answer 25

A) Disturbance in ones thinking B) Emotional Wellbeing C) Impaired reality D) Disease of the mind P….E….W Pew Mental Health is a person’s condition with regard to their psychological and emotional well-being.

Question 26

How does your body react to stress during violence

Answer 26

Performance sequences during SNS activation M…..A……S…..T…..T. Mastt Mental flashes, Awareness lapse, Startle response, Time distortion, Thought distortion

Question 27

What is excited delirium and the symptoms

Answer 27

Excited delirium, also known as agitated delirium, is a condition that presents with psychomotor agitation, delirium, and sweating. It may include attempts at violence, unexpected strength, and very high body temperature. Complications may include rhabdomyolysis or high blood potassium. Excited delirium is a state of extreme mental and physiological excitement, Characterized by extreme agitation, hyperthermia hostility, exceptional strength and endurance without apparent fatigue. The signs and symptoms for excited delirium may include: Paranoia Disorientation Dissociation Hyper-aggression Tachycardia Hallucination Diaphoresis Incoherent speech or shouting Seemingly superhuman strength or endurance (typically while trying to resist restraint) Hyperthermia (overheating)/profuse sweating (even in cold weather) Inappropriately clothed e.g. having removed

Question 28

Improper circulation of air in the lungs due to position of the body during restraint is called

Answer 28

Positional or Restraint asphyxia is: Improper circulation of air in the lungs due to position of body.  Pressure on the back area of person causing them to have trouble breathing.

Question 29

What is a ARREST (custody)?

Answer 29

Arrest is the removal of a person’s freedom or the person’s belief that their freedom has been removed. If you resist police while being arrested or detained you could be charged with “obstructing the police” or “assault with intent to resist arrest”. While under arrest you have only 4 rights; 1. Be told why you’re being detained or arrested. 2. Be searched in a reasonable manner” 3. Remain silent 4. Talk to a lawyer , in most circumstanc

Question 30

What are four consequences for an unlawful arrest

Answer 30

Consequences for unlawful arrest: C…….C……A…….S 1…….Criminal liability 2……,Civil liability 3…….Administrative 4…..,,Section 9 charter violation (human rights)

Question 31

Where do you get your authority to arrest under the criminal code

Answer 31

Arrest without warrant by any person

494 (1) Any one may arrest without warrant

(a) a person whom he finds committing an indictable offence; or
(b) a person who, on reasonable grounds, he believes
(i) has committed a criminal offence, and
(ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person.

Marginal note:Arrest by owner, etc., of property

(2) The owner or a person in lawful possession of property, or a person authorized by the owner or by a person in lawful possession of property, may arrest a person without a warrant if they find them committing a criminal offence on or in relation to that property and
(a) they make the arrest at that time; or
(b) they make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest.

Marginal note:Delivery to peace officer

(3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.

Marginal note:For greater certainty

(4) For greater certainty, a person who is authorized to make an arrest under this section is a person who is authorized by law to do so for the purposes of section 25.

R.S., 1985, c. C-46, s. 494; 2012, c. 9, s. 3.
Previous version:
http://laws-lois.justice.gc.ca/eng/acts/C-46/section-494-20030101.html

Current version:
http://laws-lois.justice.gc.ca/eng/acts/C-46/section-494.html

Question 32

Provide the three reasons you can arrest in accordance with the criminal cod

Answer 32

1. FIND COMMITTING……an indictable offence. 2 See a person believed to be escaping from, and freshly pursued by persons who have lawful authority to arrest and believed to have committed a criminal offence. 3 Owner or in lawful possession of property, or person authorized by the owner, finds committing a criminal offence on or in relation to the property.(security guard)

This is he Main part of 494 (a)(b) CC

Question 33

Describe PRICE as it relates to ARREST

Answer 33

P……..Protecting the Public….Staff…You…or Subject from violence and or belief of violence.

R……Reptition of any offence.
I……..Identification.
C……Court.

E……,Evidence

Question 34

Do you have authority to apply force under the TPA

Answer 34

Yes you can arrest as a last option an application of force can be done in accordance with the criminal code section 25. If the individual refuses to leave. As long as you are authorized, justified, reasonable and not excessive

Defence of property

Question 35

Why is it important to take notes

Answer 35

As written reports are potentially used for review of a situation or incident that is being tried in civil or criminal court, it is important to keep legible and thorough notes. Your notes not only represent your professionalism and competency, but may make the difference in determining a just result to a difficult situation.

Question 36

What is mental illness

Answer 36

A severe disturbance in thinking, feeling and relating that affects a persons ability to adapt to their environment.

Question 37

What are some examples of mental illness

Answer 37

There are 2 broad catagories psychotic symptoms (hallucinations and delusions), and symptoms that do not (depression, phobias, nerosis)

Question 38

Name four types of communication

Answer 38

W…I…L…T

Interpersonal
Tactical
Written
Legal articulation

Question 39

Name 4 communication strategies when approaching someone on the property you need to talk to

Answer 39

1. ID yourself
   (and ask them for their ID)
2. Ask direct or command
   (Explain what to do and why
   Then advise of options and consequences)
3. Limit set
   (Last ditch effort)
4. Empower the person

Question 40

Name 4 methods of communication

Answer 40

V…V…A…N

Verbal
Vocal
Non-verbal
Active Listening

Question 41

Under threat, how would your body respond

Answer 41

F…F….F

Freeze
Fight
Or Flight

Question 42

What happens to your body in freeze, flight fight response

Answer 42

Adrenal glands release hormones which increase blood pressure to allow more oxygen in body to respond, vascular constriction and dilation, perceptual narrowing

Question 43

What is Code purple or Silver

Answer 43

Purple is Hostage

Silver is Active shooter

Put our duties in here!!!!

Question 44

What is a Code Red

Answer 44

Code Red is Fire

Put our duties in here!!!!

Question 45

What is a Code Black

Answer 45

Code Black is Bomb Threat

Put our duties in here!!!!

Question 46

What does the criminal code say about Assault Section 265

Answer 46

Definition of Assault, Sec 265, CC - There is generally a lot of confusion with regards to which Criminal Code Section Assault falls under. Criminal Code, Section 266 is where the charge originates from and Criminal Code, Section 265 provides the definition of assault. Although there are three levels of assault, they all share common elements, which are;
A. applying force to another person without their consent, or applying direct or indirect force to another person
B. He attempt or threaten using an act or gesture that force is going to be applied or if the victim believes as a result of the act or gesture that they are going to be assaulted.
C. Finally accost or impede another person or begs while openly wearing or carrying a weapon or an imitation thereof.

Question 47

What does the Criminal Code 266 indicate about he origin of Assault

Answer 47

Assault, Sec 266 CC - As mentioned in paragraph 8 this section is where the charge originates and is also referred to as common assault, in which the victims injuries can be described as transient or trifling in nature. This section describes the punishment for an indictable offence as imprisonment for a term not exceeding five years; or an offence punishable on summary conviction, which is a maximum of 6 months in jail and/or a $2000 fine. R.S., c. C-34, s. 245; 1972, c. 13, s. 21; 1974-75-76, c. 93, s. 22; 1980-81-82- 83, c. 125, s. 19.

Question 48

What does the Criminal Code say about Assault with a Weapon

Answer 48

Assault with a Weapon, Sec 267(a) CC and Assault Causing Bodily Harm, Sec 267(b) CC – These offences are considered more serious than common assault. In order to substantiate a charge under this section the person who commits the assault must have used or carried a weapon or an imitation weapon, or caused any hurt or injury that is not transient or trifling in nature which interferes with the complainant’s health or comfort. The maximum punishment under this section is imprisonment for 10 years

Question 49

What is aggravated Assault Sec 268

Answer 49

Aggravated Assault, Sec 268 CC - This is the most serious assault charge and is complete when someone wounds, maims, disfigures or endangers the life of another person. The maximum punishment under this section is imprisonment for 14 years.

Question 50

What is Sexual Assault Sec 271

Answer 50

Sexual Assault, Sec 271 CC – Sexual assault is an assault, within any one of the definitions of that concept in Section 265CC, which is committed in a sexual nature in a manner that the sexual integrity of the victim is violated. This is a dual offence and carries a maximum punishment as an indictable offence of ten years; or under summary conviction a term not exceeding eighteen months.

Question 51

What is sexual assault Sec 272

Answer 51

Sexual Assault with a weapon/causing bodily harm, Sec 272 CC - This deals with sexual assault, however the subject must have carried, used or threatened to use a weapon or imitation, or to

Question 52

Description of theft Sec 322

Answer 52

Description of Theft, Sec 322, CC – Like Assault there is confusion with regards to which Criminal Code Section is the offence of Theft. This Section describes the offence and Section 334(a)(b) CC is where the charge originates from. or to the use of another person, anything, whether animate or inanimate, with intent to deprive the owner of it. Anyone who fraudulently and without colour of right (ownership) takes or fraudulently and without colour of right (ownership) converts to their use Theft is committed when, with intent to steal anything, moves it or causes it to move or to be moved, or begins to cause it to become movable

Question 53

How is theft Sec 334 broken down

Answer 53

Theft, Sec 334(a) (b), CC - Theft is broken down into two separate offences within this section. This is a dual offence. Section 334(a) CC is Theft over $5000 and Section 334(b) CC is Theft under $5000. The maximum punishment for Theft over $5000 is 10 years’ imprisonment and for Theft under $5000 a maximum of two years of imprisonment.

Question 54

What is Robbery Sec 344

Answer 54

Robbery Sec 344, CC – anyone who steals and uses violence or threats of violence to a person or property or at the time that he/she steals or immediately before or thereafter, wounds, beats, strikes or uses any personal violence to that person or assaults any person with intent to steal, or steals from any person while armed with an offensive weapon or imitation. The punishment for robbery where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and in any other case, to imprisonment for life.

Question 55

What is Break and Enter Sec 348

Answer 55

Break and Enter, Sec 348 CC - The offence is committed when anyone who breaks and enters a place with intent to commit an indictable; when they break and enter a place and actually commit an indictable offence; or they break out of a place after committing an indictable offence, or after having entered intending to commit an indictable offence. If a dwelling house was the place the Break and Enter was committed the offence is deemed indictable and has a maximum punishment of life imprisonment. If the offence occurred in a non-dwelling-unit the offence is considered dual/hybrid and has a maximum punishment of 10 years by indictment and 6 months if proceeded summarily. Place means a dwelling-house; a building or structure or any part thereof, other than a dwelling-house, a railway vehicle, a vessel, an aircraft or a trailer; or a pen or an enclosure in which fur-bearing animals are kept in captivity for breeding or commercial purposes.

Question 56

What does the Criminal Code say about Possession of Property obtained by crime Sec 354

Answer 56

Possession of Property obtained by crime, Sec 354 CC-. The offence is committed when a person has in their possession any property or the proceeds of any property, knowing that such property or proceeds were obtained or derived directly or indirectly from the commission in Canada of an indictable offence or an act or omission in any location which would in Canada constitute an indictable offence, that person is guilty of an offence. When a peace officer or a person acting under the direction of a peace officer has possession for the purpose of an investigation or in the execution of the officer’s duties no offence is

Question 57

What is Mischief Sec 430 of the Criminal Code

Answer 57

Mischief, 430 CC – The offence is committed when a person destroys or damages property, renders property dangerous, useless, inoperative or ineffective, obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property. Mischief also applies to data such as a person tampering or deleting information on a computer. Punishment for this offence varies from two years imprisonment to life in prison where the mischief causes actual endangerment to anyone’s life.

https://laws-lois.justice.gc.ca/eng/acts/c-46/section-430.html

Question 58

What is Arson Sec 434 of the Criminal Code

Answer 58

Arson, Sec 434 CC – This offence is committed when anyone willfully or recklessly causing damage by fire or explosion to property that is not wholly owned by the accused. This is an indictable offence that has a maximum sentence of 14 years.

Question 59

What is a indictable offence and how does it relate to your job

Answer 59

You find committing an indictable offence.  See a person believed to be escaping from, and freshly pursued by persons who have lawful authority to arrest and believed to have committed a criminal offence.  Owner or in lawful possession of property, or person authorized by the owner, finds committing a criminal offence on or in relation to the property. (a) they make the arrest at that time; or (b) they make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest.

Question 60

What is Sec 7 of the Charter of Rights and Freedoms

Answer 60

Section 7 gives every citizen the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Right of life:
The right to life is engaged where the law or state action imposes death or an increased risk of death, either directly or indirectly (Carter v. Canada (Attorney General), 2015 SCC 5 at paragraph 62; Chaoulli at paragraphs 112-124 and 200). Concerns about autonomy and quality of life are properly treated as liberty and security interests (Carter at paragraph 62). Although the sanctity of life is a fundamental societal value, the right to life does not give rise to a duty to live. Like other rights, the right to life can be waived (Carter at paragraph 63; Rodriguez v. British Columbia (Attorney General), [1993] 3 S.C.R. 519).

Right of liberty:
the liberty of an individual to do his or her will freely except for those restraints imposed by law to safeguard the physical, moral, political, and economic welfare of others. Origin of personal liberty.

Right of Security:

Right to security of the person

Security of the person is generally given a broad interpretation and has both a physical and psychological aspect. The right encompasses freedom from the threat of physical punishment or suffering (e.g., deportation to a substantial risk of torture) as well as freedom from such punishment itself (Singh, supra at 207; Suresh, supra, at paragraphs 53-55). It is not engaged, however, by the determination of exclusion from refugee protection because the potential risks to health and safety are too remote given the availability of further proceedings prior to removal in which section 7 interests will be considered (Febles v. Canada (Citizenship and Immigration), 2014 SCC 68, [2014] 3 S.C.R. 431 at paragraph 67; B010 v. Canada (Citizenship and Immigration), 2015 SCC 58 at paragraph 75).

Security of the person includes a person’s right to control his/her own bodily integrity. It will be engaged where the state interferes with personal autonomy and a person’s ability to control his or her own physical or psychological integrity, for example by prohibiting assisted suicide or regulating abortion or imposing unwanted medical treatment (R. v. Morgentaler, [1988] 1 S.C.R. 30 at 56; Carter, supra; Rodriguez, supra; Blencoe, supra at paragraph 55; A.C., supra, at paragraphs 100-102). Where a criminal prohibition forces a person to choose between a legal but inadequate treatment and an illegal but more effective choice, the law will infringe security of the person (Smith, supra, at paragraph 18).

Security of the person will be engaged where state action has the likely effect of seriously impairing a person’s physical or mental health (R. v. Monney, [1999] 1 S.C.R. 652 at paragraph 55; Chaoulli, supra at paragraphs 111-124 and 200; R. v. Parker, 49 O.R. (3d) 481 (C.A.)). State action that prevents people engaged in risky but legal activity from taking steps to protect themselves from the risks can also implicate security of the person (Bedford, supra, at paragraphs 59-60, 64, 67, 71).

In addition, the right is engaged when state action causes severe psychological harm to the individual (G.(J.), supra at paragraph 59; Blencoe, supra at paragraph 58; K.L.W., supra, at paragraphs 85-87). To constitute a breach of one’s psychological security of the person, the impugned action must have a serious and profound effect on the person’s psychological integrity and the harm must result from the state action (Blencoe, supra at paragraphs 60-61; G.(J.), supra; K.L.W., supra. The psychological harm need not necessarily rise to the level of nervous shock or psychiatric illness, but it must be greater than ordinary stress or anxiety. The effects of the state interference must be assessed objectively, with a view to their impact on the psychological integrity of a person of reasonable sensibility (G.(J.), supra). Although not all state interference with the parent-child relationship will engage the parent’s security of the person, the state removal of a child from parental custody constitutes a serious interference with the psychological integrity of the parent qua parent and engages s.7 protection (G.(J.), supra, at paragraphs 63-64; K.L.W., supra, at paragraphs 85-87). The prohibition of marihuana does not generate a level of stress which engages section 7 (Malmo-Levine, supra at paragraph 88). The Court has signaled the possibility that victims of torture and their next of kin have an interest in finding closure that may, if impeded, be sufficient to cause such serious psychological harm so as to engage the security of the person (Kazemi Estate v. Islamic Republic of Iran, 2014 SCC 62 at paragraphs 130, 133-34).

It is unclear whether security of the person encompasses the right to privacy comprising a corollary right of access to personal information (Ruby, supra).

These and other rights can be suspended if thise rights infringe on the principals of fundamental justice.

Fundamental Justice:
The rights enumerated under s. 7 of the Charter can be compromised in the cases where the infringing law is in “accordance with the principles of fundamental justice”.[1]That is, there are core values within the justice system that must prevail over these rights for the greater good of society. These include natural justice and substantive guarantees,[2] including rights guaranteed by the other legal rights in the Charter (i.e., rights against unreasonable search and seizure, guaranteed under section 8 of the Charter, and against cruel and unusual punishments, under section 12, are part of fundamental justice under section 7 as well). Other “Principles” are determined by the court and form the basis of the Canadian legal system.

http://www.justice.gc.ca/eng/csj-sjc/charter-charte/check/art7.html

Fundamental Justice:
http://criminalnotebook.ca/index.php/Principles_of_Fundamental_Justice#General_Principles

Question 61

When you should handcuff?

Answer 61

1 Protection: of public, officer and subject from violence 2 Prevent: subject from fleeing 3 Preserve: evidence when required

P….R…..I……C…..E

Protect
Repeat offence
Identify
Court
Evidence

Question 62

What is empathy

Answer 62

The ability of understand what the other person is feeling of believing.

Question 63

What is Stinchcombe

Answer 63

R v Stinchcombe, [1991] 3 S.C.R. 326 is a landmark Supreme Court of Canada decision on the disclosure of evidence in a trial and is considered by most to be one of the most significant criminal law cases of the decade. The Court found that the Crown had a duty to provide the defence with all evidence that could possibly be relevant to the case, regardless of whether the Crown plans to call that evidence at trial or not, or whether it helps or hurts the Crown’s case. This case put to rest the long-standing issue of whether the Crown could purposely deny the defence evidence that the Crown found would be harmful to their case.

https://en.m.wikipedia.org/wiki/R_v_Stinchcombe

Question 64

What is arrest vs detain

Answer 64

Arrested” means you have been taken into custody and can’t leave. You can be “detained” for a short period of time if a police officer or other person believes you may be involved in a crime. In either case, you should assert your charter of rights #10.
Where;

10. Everyone has the right on arrest or detention
    (a) to be informed promptly of the reasons therefor;
    (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 habeas corpus and to be released if the detention is not lawful.

Question 65

What is GIVE

Answer 65

Greet
Identify
Verify
??????

Question 66

Mental illness and mental health

Answer 66

??????

Question 67

What is Stress?

Answer 67

??????

Question 68

What is Fear

Answer 68

??????

Question 69

What is anxiety

Answer 69

??????

Question 70

What is empathy

Answer 70

???????

Question 71

What is BEST

Answer 71

??????

Question 72

What is a Assault and what section of the Criminal Code?

Answer 72

Sec __266__ of the Criminal Code is the Section is where the charge originates and is also referred to as COMMON ASSAULT in which the victims injuries can be described as transient or trifling in nature.

Question 73

What is section does Assault with a weapon belong to and describe its conditions.

Answer 73

Sec __267__considered more serious than common Assault.

Question 74

What does Section 10 of the charter of rights say

Answer 74

Section 10 of the Charter allows anyone arrested or detained the right:

I…..C……E. ICE

1 To be I….impromptly of the reasons. 2 To retain and instruct C…..council without delay and to be informed of that right. 3 To have the validity determined by way of hab…E….eus corpus and to be released if not lawful.

https://en.m.wikipedia.org/wiki/Section_10_of_the_Canadian_Charter_of_Rights_and_Freedoms
(See below)

Section 10 is only triggered if a person is arrested or detained. In R v Grant, the Supreme Court stated that “detention” refers to a suspension of an individual’s liberty interest by a significant physical or psychological restraint. Psychological detention is established either where the individual has a legal obligation to comply with the restrictive request or demand, or a reasonable person would conclude from the state conduct that there was no choice but to comply.

In cases without physical restraint or legal obligation, it may not be clear whether a person has been detained. To determine whether a reasonable person in the individual’s circumstances would conclude they had been deprived by the state of the liberty of choice, the court may consider, inter alia, the following factors:[2]

The circumstances giving rise to the encounter as would reasonably be perceived by the individual: whether the police were providing general assistance; maintaining general order; making general inquiries regarding a particular occurrence; or, singling out the individual for focussed investigation.
The nature of the police conduct, including the language used; the use of physical contact; the place where the interaction occurred; the presence of others; and the duration of the encounter.
The particular characteristics or circumstances of the individual where relevant, including age; physical stature; minority status; level of sophistication.

Question 75

Name the three offences relating the Trespass to Property Act (TPA)

Answer 75

EP……..PA…..FL

1. …….Entry where entry is Prohibited
2. …….Engages in Prohibited Activity
3. …….Failure to Leave when directed to do so

Question 76

What are three Response Options relating to TPA

Answer 76

DC….LP….AorE

1. direct subject to Discontinue Committing the offence
2. Direct subject to Leave the property
3. Arrest and or Escort from the property when supported by the policy

Question 77

Do you have authority to arrest under the TPA

Answer 77

Yes you can arrest as a last option an application of force can be done in accordance with the criminal code section 25. If they refuse to leave.

Question 78

Provide examples of delusions and hallucinations

Answer 78

Delusions are belief of the government constantly spying on you or your neighbour is sending you messages.
Hallucinations are seeing visually a object in front of you like a ghost or animal.

Question 79

2 examples of Case Law

Answer 79

R vs Dean Subject held by security for an hour and judge agree due to reasonable response from police

Cloudier vs Langois (1990) confirming common law search being incidental to arrest

Question 80

What are the three reasons we use patient restraints

Answer 80

1. Keep the patient safe by preventing falls - or patient is a risk of falling
2. Prevent injury to family members and staff….patient sporadically acts out at staff.
3. Prevent patients from pulling out tubes or taking off dressings….like those who are post operative like male in recovery or head and neck.

Question 81

Who decides to place a patient in Restraints?

Answer 81

Doctors or nurses on the treatment plan as per Patient Restraint minimization Act, Hospital Least Restraint Policies, and Mental Health Act.

Question 82

Which provincial Act governs patient restraint??

Answer 82

Patient restraint minimization Act 2001

Question 83

Which provincial Act governs the treatment of people who require psychiatric assistance??

Answer 83

The Ontario Mental Health Act

Question 84

What is cause disturbance and what Criminal Code?

Answer 84

Causing a Disturbance, Sec 175(1) CC - This section deals with disturbances in or near public places. This includes fighting, screaming, shouting, swearing, singing or using insulting or obscene language, by impeding or molesting other persons, openly exposes or exhibits an indecent exhibition, loiters, obstructs persons who are in that place, or disturbs the peace and quiet of the occupants of a dwelling-house by discharging firearms or by other disorderly conduct in a public place.

Summary conviction

http://laws-lois.justice.gc.ca/eng/acts/C-46/section-175.html

Question 85

What is Section 25-protection of persons acting under authority?

Answer 85

Criminal Code Sec 25
Protection of persons acting under authority

25 (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law

(a) as a private person,
(b) as a peace officer or public officer,
(c) in aid of a peace officer or public officer, or
(d) by virtue of his office,

is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.

Note:

(2) Where a person is required or authorized by law to execute a process or to carry out a sentence, that person or any person who assists him is, if that person acts in good faith, justified in executing the process or in carrying out the sentence notwithstanding that the process or sentence is defective or that it was issued or imposed without jurisdiction or in excess of jurisdiction.

When not protected

(3) Subject to subsections (4) and (5), a person is not justified for the purposes of subsection (1) in using force that is intended or is likely to cause death or grievous bodily harm unless the person believes on reasonable grounds that it is necessary for the self-preservation of the person or the preservation of any one under that person’s protection from death or grievous bodily harm.

When protected

(4) A peace officer, and every person lawfully assisting the peace officer, is justified in using force that is intended or is likely to cause death or grievous bodily harm to a person to be arrested, if
(a) the peace officer is proceeding lawfully to arrest, with or without warrant, the person to be arrested;
(b) the offence for which the person is to be arrested is one for which that person may be arrested without warrant;
(c) the person to be arrested takes flight to avoid arrest;
(d) the peace officer or other person using the force believes on reasonable grounds that the force is necessary for the purpose of protecting the peace officer, the person lawfully assisting the peace officer or any other person from imminent or future death or grievous bodily harm; and
(e) the flight cannot be prevented by reasonable means in a less violent manner.
http: //laws-lois.justice.gc.ca/eng/acts/C-46/section-25.html

Question 86

What is Section 26-excessive force?

Answer 86

Excessive force

26 Every one who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess.

R.S., c. C-34, s. 26.

http://laws-lois.justice.gc.ca/eng/acts/c-46/page-5.html

Question 87

What is Section 27-use of Force to prevent commission of an offence (or a future crime per say)??

Answer 87

Use of force to prevent commission of offence

27 Every one is justified in using as much force as is reasonably necessary

(a) to prevent the commission of an offence
(i) for which, if it were committed, the person who committed it might be arrested without warrant, and
(ii) that would be likely to cause immediate and serious injury to the person or property of anyone; or
(b) to prevent anything being done that, on reasonable grounds, he believes would, if it were done, be an offence mentioned in paragraph A…..

R.S., c. C-34, s. 27.

http://laws-lois.justice.gc.ca/eng/acts/C-46/section-27.html

Question 88

What is Section 34-self protection?

Answer 88

Defence — use or threat of force

34 (1) A person is not guilty of an offence if

(a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;
(b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and
(c) the act committed is reasonable in the circumstances.

Marginal note:Factors

(2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:
(a) the nature of the force or threat;
(b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;
(c) the person’s role in the incident;
(d) whether any party to the incident used or threatened to use a weapon;
(e) the size, age, gender and physical capabilities of the parties to the incident;
(f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;
(f. 1) any history of interaction or communication between the parties to the incident;
(g) the nature and proportionality of the person’s response to the use or threat of force; and
(h) whether the act committed was in response to a use or threat of force that the person knew was lawful.

Marginal note:No defence

(3) Subsection (1) does not apply if the force is used or threatened by another person for the purpose of doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

R.S., 1985, c. C-46, s. 34; 1992, c. 1, s. 60(F); 2012, c. 9, s. 2.

http://lois-laws.justice.gc.ca/eng/acts/C-46/section-34.html

Question 89

What is Section 35-defence of property?

Answer 89

Defence — property

35 (1) A person is not guilty of an offence if

(a) they either believe on reasonable grounds that they are in peaceable possession of property or are acting under the authority of, or lawfully assisting, a person whom they believe on reasonable grounds is in peaceable possession of property;
(b) they believe on reasonable grounds that another person
(i) is about to enter, is entering or has entered the property without being entitled by law to do so,
(ii) is about to take the property, is doing so or has just done so, or
(iii) is about to damage or destroy the property, or make it inoperative, or is doing so;
(c) the act that constitutes the offence is committed for the purpose of
(i) preventing the other person from entering the property, or removing that person from the property, or
(ii) preventing the other person from taking, damaging or destroying the property or from making it inoperative, or retaking the property from that person; and
(d) the act committed is reasonable in the circumstances.

Marginal note:No defence

(2) Subsection (1) does not apply if the person who believes on reasonable grounds that they are, or who is believed on reasonable grounds to be, in peaceable possession of the property does not have a claim of right to it and the other person is entitled to its possession by law.

Marginal note:No defence

(3) Subsection (1) does not apply if the other person is doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

R.S., 1985, c. C-46, s. 35; 2012, c. 9, s. 2.
Previous Version Factors: Cannot use deadly force and best practice of Old Section 41(2) until case law.

http://laws-lois.justice.gc.ca/eng/acts/C-46/section-35.html

Question 90

When can u stop reading RTC “rights to council”?

Answer 90

When it is NOT safe to do so

Question 91

What is Bill 132 and 168 and how do they relate?

Answer 91

???

Question 92

What is sexual harassment???

Answer 92

Sexual assault

271 Everyone who commits a sexual assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

R.S., 1985, c. C-46, s. 271; R.S., 1985, c. 19 (3rd Supp.), s. 10; 1994, c. 44, s. 19; 2012, c. 1, s. 25; 2015, c. 23, s. 14.

http://laws-lois.justice.gc.ca/eng/acts/C-46/section-271.html

Question 93

What does “R” mean?

Answer 93

In titles such as R v Adams, however, the initial “R” is usually an abbreviation for the Latin Rex or Regina, i.e. for the Crown. (For an explanation of other terms that may appear in case titles, see the Glossary of legal terms.)

Question 94

What is Section 30 of ? How does it affect Security?

Answer 94

Breach of peace

Question 95

What is Section 41-2 Assault by Trespasser?

Answer 95

Assault by trespasser CC 41-2

(2) A trespasser who resists an attempt by a person who is in peaceable possession of a dwelling-house or real property, or a person lawfully assisting him or acting under his authority to prevent his entry or to remove him, shall be deemed to commit an assault without justification or provocation.

R.S., c. C-34, s. 41.

http://laws-lois.justice.gc.ca/eng/acts/C-46/section-41-20030101.html

Used to be a law, but now replaced with Section 34 35
There has been no case law about it even now.

1. Must approach and identify yourself
2. Must be asked to stop doing what they are doing.
3. Must be asked to leave or be arrested for trespassing.
4. Must be actively leaving and if not actively leaving deemed trespassing.
5. Take control of and held.
6. If actively resistant then handcuffed.
   (This transition is what we need to practice).

Question 96

What is Patient Restraint Minimization Act. Who governs and acts upon it and how it affects Security?

Answer 96

????

Question 97

Can a advisory officer be permitted to view patient files?

Answer 97

Mental health Act
Powers:
(2) any such officer or person may at any time, and shall be permitted so to by the authorities thereof, visit and inspect any psychiatric facility and its equipment, and inquire into the adequacy of its staff, the range of services provided and any other matter he or she considers relevant to the maintenance of the standards of care. R.S.O 1990, c. M.7, S.9

Question 98

What are 2 case laws and briefly explain?

Answer 98

R vs Dean
Subject held by security of an hour and judge agree due to reasonable response from police

R vs Cunningham 1979
The court held a person affecting the arrest is legally entitled to secure the prisoner, such as handcuffing or binding him, if does so for good reason Protection (public, police, and prisoner), prevention (escape) and preservation(evidence)

Hence PRICE

Question 99

Situational awareness

Answer 99

WATCH

• weapons
• attack signs
• threats
• communication
• hazards
• escapes
• suspicious behaviour

SET

• situation
• environment
• tactics for specific threats

COMMUNICATION
GIVE
-greet
-identify
-validation of concern and problem
-explain the situation to client and others

HELP

• help and assist client
• empower client with options
• listen and learn (empathy, reflect, summary)
• plan ensure you have a strategy and tactics

EDP
CALM
-communication (tactical and interper)
-Assessment (sit awareness,ID proper greeting, ID yourself and give reason for involvement and give proper closure)
-listen and learn (empathy, reflect, summary)
-mediation

SHOW

• space (give distance)
• humility (treat with respect)
• obvious (actions are kept slow)
• with explanation (explain yur actions)

CARE

• communicate with compassion
• act by being approachable
• respond with respect
• educate by being empathic

Question 100

Exception of not handcuffing

Answer 100

• Obvious subject immobility or physical inability to be handcuffed
• injuries that would be aggravated by handcuffing
• a person arrested being of a very young age
• overwhelming security presence

Question 101

Section 30 breach of peace

Answer 101

Empowers anyone who witnesses a breach of the peace to do a number of things, including using force, to stop it or prevent its continuation or renewal. A person described above may detain another who is committing such a breach or is about to, If the purpose of the detention is to turn the person over to the peace officer. In addition, it must be shown on an objective standard, either that the force used did not exceed that required to prevent the continuation of the breach of the peace, or its renewal, or that it is proportional to the danger feared from such activity.

Question 102

Right to search

Answer 102

Right to search found in common law for English cases in 1895 and supported by case law
Cloutier vs Langois 1991 search incident to arrest
Search can include immediate surroundings of arrest ie gym bag
Search private areas with blade of hand.

Question 103

Arrest procedures

Answer 103

1.ID yourself
2. Tell the accused that he or she is under arrest
3. Take physical custody of the accused (touch or control)
4. Inform the accused of the reason
For arrest
5. Prove he accused understood being placed under arrest, why and rights to council
6. Read caution to accused
7. Search the person
8. Young offenders must be given the right to have a parent, and or appropriate adult representative present
9. Hand over to police

Question 104

5 types of control in UOF model

Answer 104

Officer presence
Tactical communication
Physical control hard/soft
Intermediate weapons
Lethal force

Question 105

What are our Fundamental Freedoms?

Answer 105

Freedom of conscious and religion
Freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication
Freedom of peaceful assembly; and
Freedom of association.

Question 106

What is the Canada Evidence Act??

Answer 106

????

Question 107

What do u do if someone uses cell phone to take pictures in a secured area (cell phone prohibited) can’t remove and or what can u do?

Answer 107

You cannot take his/her pictures out on yur own. You must convince him to take them out of his phone by informing him that admin and legal will be contacting you ASAP due to violation of policy and PIPPEDA.
The only other way is to inform him that pictures they were taking were of a sexual nature and the sexual crimes unit has been informed. They can seize the phone and remove the pictures. “Do you want them to go thru all yur pictures?”
You CAN however, take the phone away from them as per medical staff because they deem the phone to be insafe and under the health and safety act u can physically remove the phone. But you must inform them taking pictures is prohibited and deemed a prohibited act due to signage posted at each entrance not to record, eventhough staff gave u or allowed u to have the phone…and staff have taken the risk and trusted u despite it being prohibited in a prohibited area for cellphones in that area. PES has a sign which was on the door (add picture) on the wall and as you walk into ER.
Therefore the act is prohibited.

If they are taking pictures of you and the people in the waiting room you can ask the people in the waiting room if they believe they are not comfortable with their picture taken and therefore it is Cause Disturbance.

Limited permission
4 (1) Where notice is given that one or more particular activities are permitted, all other activities and entry for the purpose are prohibited and any additional notice that entry is prohibited or a particular activity is prohibited on the same premises shall be construed to be for greater certainty only. R.S.O. 1990,

Trespass to Property Act
Limited prohibition
(2) Where entry on premises is not prohibited under section 3 or by notice that one or more particular activities are permitted under subsection (1), and notice is given that a particular activity is prohibited, that activity and entry for the purpose is prohibited and all other activities and entry for the purpose are not prohibited. R.S.O. 1990, c. T.21, s. 4 (2).

You will inform them “Enter phrase here” Check policy

Call HPS if taking pics of patient information which is a violation of PIPPEDA….Personal Information Protection and Electronic Documents Act.

Question 108

Create a picture of 2 sp escort

Answer 108

See dvr pics for examples….reminder to review dvr and save examples as per John or Chris (permission first)

Question 109

Create picture of contact guard

Answer 109

Flank Guards put in gloves to handle subject. They remain out of sight while the CONTACT Guard speaks to subject only. CONTACT guard gives the nod or direction to take control and then and only then, does he puts on gloves when incident becomes physical.

Enter pic of flanking and contact(here)

Originally came from physiotherapist techniques incase if possible trouble while handling someone.

Question 110

When can u take away a cell phone?

Answer 110

U can take the phone away when;
1. Staff indicated they believe the phone is dangerous to themor themselves.(take RN or Dr name)
2. When patient has been informed the phone or camera has to be removed due to policy and privacy. 148-ADM and PIPPEDA and health and Safety.
3. Acting in a prohibited act where the activity is prohibited….u see TPA. A sign outside the door says no cell phones which makes it legal to remove.
So you are authorized, justified and not excessive to ask before removing.

See previous card informing of prohibited activity under the Trespass to Property Act.

Question 111

When can u delete the pictures from a phone that u just took away?

Answer 111

U can never delete pictures. The best u can do is notify he police and turn the phone over to the police to investigate. Taking pictures of patient information is a violation of PIPEDA and policy 148-ADM

Question 112

What section of the Criminal Code (authority to use force) Belongs to protection of persons acting under authority?

Answer 112

Sec ___25___of the Criminal Code authorizes anyone UNDER certain conditions (enforce or admin of the law) to use force if they only use force as is necessary for that purpose.
This section further states…..

Question 113

What section of the Criminal Code (authority to use force) belongs to Excessive Force?

Answer 113

Sec __26_____ of the makes individual who use force criminally responsible for any excess thereof according to the nature and quality of that act that constitutes the excess.

Question 114

What Section of the Criminal Code (authority to use force) refers to the force used to prevent the commission of an offence?

Answer 114

Sec __27___of the Criminal Code (please finish)

Question 115

What section of the Criminal Code (authority to use force) refers to the Prevent the Breach of Peace?

Answer 115

Sec ____30___of the Criminal Code empowers anyone who witnessed a breach of the peace to do a number of things, including using force,(please finish)

Question 116

What section of the Criminal Code (authority to use force) refers to Self-Protection of themselves or others?

Answer 116

Sec __34___of the Criminal Code (please finish)

Question 117

What section of the Criminal Code (authority to use force) refers to Defence of property?

Answer 117

Section ___35__of the Criminal Code empowers anyone who Protects Property based on what is (please finish)

Question 118

When doing a search of patient belongings, what law or policy are you following?

Answer 118

Incidental to arrest -
is “it was discovered a weapon was on him as he was arrested and searched”

Cloutier vs Langois (1990) confirming common law search being incidental to arrest.

Occupier Lability Act - occupier duty 3(1) he occupier of premises owes a duty to take such care as in all the circumstances of the case is responsible to see that persons on the premises and the property brought on the premises by those persons are reasonably safe while on the premises.

Question 119

What section of offences does Causing A Disturbance and what does it entail?

Answer 119

Sec___175(1) of the Criminal Code deals with disturbances in or near public places. This includes fighting, screaming, shouting , swearing, singing or using insulting or obscene language, by impeding or molesting other persons, openly exposes or exhibits and indecent exhibition, loiters, obstructs persons who are in that place, or disturbs the peace and quiet of the occupants of a dwelling-House by discharging firearms or by disorderly conduct in a public place.

Question 120

What section of the Criminal Code belongs to definition of Assault and what are the 3 levels and or common elements??

Answer 120

Sec __265__of the Criminal Code is where the definition is. Is has common elements in all 3 levels; apply force where

Question 121

Corrections and conditional release Act ( use of force)

Answer 121

Can u arrest or detain if escaped from correctional officer who were in his or her care?

Please look up incase you are asked to assume a standby for a break, or someone freshly escapes.

Question 122

What is the Control Sustances Act and give examples??

Answer 122

Control Drugs and Substances Act

Interpretation

(2) For the purposes of this Act,
(a) a reference to a controlled substance includes a reference to any substance that contains a controlled substance; and
(b) a reference to a controlled substance includes a reference to
(i) all synthetic and natural forms of the substance, and
(ii) any thing that contains or has on it a controlled substance and that is used or intended or designed for use

(A) in producing the substance, or

(B) in introducing the substance into a human body.

Interpretation

(3) For the purposes of this Act, where a substance is expressly named in any of Schedules I to VI, it shall be deemed not to be included in any other of those Schedules.

1996, c. 8, s. 35, c. 19, s. 2; 2001, c. 32, s. 47; 2017, c. 7, s. 1.
Previous Version
Marginal note:Interpretation

3 (1) Every power or duty imposed under this Act that may be exercised or performed in respect of an offence under this Act may be exercised or performed in respect of a conspiracy, or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under this Act.

Interpretation

(2) For the purposes of sections 16 and 20, a reference to a person who is or was convicted of a designated substance offence includes a reference to an offender who is discharged under section 730 of the Criminal Code.
http: //laws-lois.justice.gc.ca/eng/acts/C-38.8/page-1.html

Question 123

What basically is the hypocritical oath?

Answer 123

Hippocratic Oath

I swear by Apollo the physician, and Asclepius, and Hygieia and Panacea and all the gods and goddesses as my witnesses, that, according to my ability and judgement, I will keep this Oath and this contract:

To hold him who taught me this art equally dear to me as my parents, to be a partner in life with him, and to fulfill his needs when required; to look upon his offspring as equals to my own siblings, and to teach them this art, if they shall wish to learn it, without fee or contract; and that by the set rules, lectures, and every other mode of instruction, I will impart a knowledge of the art to my own sons, and those of my teachers, and to students bound by this contract and having sworn this Oath to the law of medicine, but to no others.

I will use those dietary regimens which will benefit my patients according to my greatest ability and judgement, and I will do no harm or injustice to them.

I will not give a lethal drug to anyone if I am asked, nor will I advise such a plan; and similarly I will not give a woman a pessary to cause an abortion.

In purity and according to divine law will I carry out my life and my art.

I will not use the knife, even upon those suffering from stones, but I will leave this to those who are trained in this craft.

Into whatever homes I go, I will enter them for the benefit of the sick, avoiding any voluntary act of impropriety or corruption, including the seduction of women or men, whether they are free men or slaves.

Whatever I see or hear in the lives of my patients, whether in connection with my professional practice or not, which ought not to be spoken of outside, I will keep secret, as considering all such things to be private.

So long as I maintain this Oath faithfully and without corruption, may it be granted to me to partake of life fully and the practice of my art, gaining the respect of all men for all time. However, should I transgress this Oath and violate it, may the opposite be my fate.

Translated by Michael North, National Library of Medicine, 2002.

Question 124

What is Assault?

Answer 124

Assault

265 (1) A person commits an assault when

(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

Marginal note:Application

(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.

Marginal note:Consent

(3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of
(a) the application of force to the complainant or to a person other than the complainant;
(b) threats or fear of the application of force to the complainant or to a person other than the complainant;
(c) fraud; or
(d) the exercise of authority.

Marginal note:Accused’s belief as to consent

(4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused’s belief, to consider the presence or absence of reasonable grounds for that belief.

R.S., c. C-34, s. 244; 1974-75-76, c. 93, s. 21; 1980-81-82-83, c. 125, s. 19.

http://laws-lois.justice.gc.ca/eng/acts/c-46/section-265.html

Question 125

What is Sec 34 35 of the Criminal Code that replaces 41-2?

Answer 125

CC 34 - Defence — use or threat of force

34 (1) A person is not guilty of an offence if

(a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;
(b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and
(c) the act committed is reasonable in the circumstances.

Marginal note:Factors

(2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:
(a) the nature of the force or threat;
(b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;
(c) the person’s role in the incident;
(d) whether any party to the incident used or threatened to use a weapon;
(e) the size, age, gender and physical capabilities of the parties to the incident;
(f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;
(f. 1) any history of interaction or communication between the parties to the incident;
(g) the nature and proportionality of the person’s response to the use or threat of force; and
(h) whether the act committed was in response to a use or threat of force that the person knew was lawful.

Marginal note:No defence

(3) Subsection (1) does not apply if the force is used or threatened by another person for the purpose of doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

R.S., 1985, c. C-46, s. 34; 1992, c. 1, s. 60(F); 2012, c. 9, s. 2.

http://lois-laws.justice.gc.ca/eng/acts/C-46/section-34.html

CC 35 - Defence — property

35 (1) A person is not guilty of an offence if

(a) they either believe on reasonable grounds that they are in peaceable possession of property or are acting under the authority of, or lawfully assisting, a person whom they believe on reasonable grounds is in peaceable possession of property;
(b) they believe on reasonable grounds that another person
(i) is about to enter, is entering or has entered the property without being entitled by law to do so,
(ii) is about to take the property, is doing so or has just done so, or
(iii) is about to damage or destroy the property, or make it inoperative, or is doing so;
(c) the act that constitutes the offence is committed for the purpose of
(i) preventing the other person from entering the property, or removing that person from the property, or
(ii) preventing the other person from taking, damaging or destroying the property or from making it inoperative, or retaking the property from that person; and
(d) the act committed is reasonable in the circumstances.

Marginal note:No defence

(2) Subsection (1) does not apply if the person who believes on reasonable grounds that they are, or who is believed on reasonable grounds to be, in peaceable possession of the property does not have a claim of right to it and the other person is entitled to its possession by law.

Marginal note:No defence

(3) Subsection (1) does not apply if the other person is doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

R.S., 1985, c. C-46, s. 35; 2012, c. 9, s. 2.

http://laws-lois.justice.gc.ca/eng/acts/C-46/section-35.html

Question 126

What is a indictable offence and give examples of

Answer 126

Are most serious offences which would include murder, acts of terrorism, robbery, drug trafficking, treason, certain types of sexual assault, and other serious criminal acts.

Question 127

What is the mission statement of the hospital?

Answer 127

Question 128

Sec__31__arrest for breach of peace allows?

Answer 128

1. Allows everyone who willfully assists the peace officer is justified in arresting ant person who he finds committing the breach of peace or who, on reasonable grounds, he believes is about to join in or renewal the breach of peace.

Question 129

Section 30 and 31 have been created to stop breach despite no criminal offence created

Answer 129

Preventing breach of peace

30 Every one who witnesses a breach of the peace is justified in interfering to prevent the continuance or renewal thereof and may detain any person who commits or is about to join in or to renew the breach of the peace, for the purpose of giving him into the custody of a peace officer, if he uses no more force than is reasonably necessary to prevent the continuance or renewal of the breach of the peace or than is reasonably proportioned to the danger to be apprehended from the continuance or renewal of the breach of the peace.

R.S., c. C-34, s. 30.

Arrest for breach of peace

31 (1) Every peace officer who witnesses a breach of the peace and every one who lawfully assists the peace officer is justified in arresting any person whom he finds committing the breach of the peace or who, on reasonable grounds, he believes is about to join in or renew the breach of the peace.

Giving person in charge

(2) Every peace officer is justified in receiving into custody any person who is given into his charge as having been a party to a breach of the peace by one who has, or who on reasonable grounds the peace officer believes has, witnessed the breach of the peace.

R.S., c. C-34, s. 31.

http: //laws-lois.justice.gc.ca/eng/acts/C-46/section-30.html
http: //laws-lois.justice.gc.ca/eng/acts/C-46/section-31.html
https: //www.justanswer.com/canada-criminal-law/74vd2-please-explain-section-30-31-criminal-code-canada-does.html

Question 130

What’s is he meaning of teamwork?

Answer 130

Co operative or co-ordinated effort on part of group of persons acting towards the interests of a common cause

Question 131

What is the behaviour levels of the crisis continuum and state the levels

Answer 131

The crisis continuum is a model that represents the levels of crisis a individual can be and it responses for the professional to use in order to bring that back to a normal state.

Anviety……………….Supportive
Defensive…………….Directive
Acting Out……………NVCI
Tension Reduct….Theraputic Rapp

Question 132

What is Proxemics?

Answer 132

Personal space varies depending on who is approaching and what the context of the situation happens to be. On average an individual personal space is 1.5 to 3 ft.

Question 133

What does sec 28 and sec 29 say in the Criminal Code?

Answer 133

Section 28 and 29 pertain to having a warrant or documents/ process when arresting and being able to produce it. 29 makes mention of the charter 10.

See http://www.ideablawg.ca/blog/2015/2/13/sections-28-and-29-executing-a-warrant-episode-35-of-the-ideablawg-podcasts-on-the-criminal-code-of-canada

Question 134

What is sec 30 and 31 of the Criminal Code?

Answer 134

Sec 30 of the Criminal Code says Every one who witnesses a breach of peach is justified in interfering to prevent the continuance or renewal thereof and may detain anyone who commits or is about to join in or to renewal the breach of peach, for the purpose of giving him into the custody of a peace officer, if he uses no more force than is reasonably necessary to prevent the continuance or renewal of the breach of peace or than is reasonably proportioned to the danger to be apprehended from the continuance or renewal of the breach of peace.
Section 31 of the Criminal code deals with a police officer witnessing a breach of peace.

Question 135

What does Sec 32 and 33 pertain to?

Answer 135

Sec 32 is suppression of riots by police. 32(4) refers to;
Everyone who in good faith on reasonable grounds believes that serious mischief will result from a riot before it is possible to secure the attendance of a peace officer is justified using as much Force as he believes sin good faith and on reasonable grounds (a) necessary to suppress the riot and (b) it is not excessive, having regard to the danger of being apprehended from the continuance of the riot.
33 (1)

Question 136

Definition of a prohibited act means….by Act or omission

Answer 136

2a) impairs the efficiency or impedes the vessel, vehicle, aircraft, machinery, apparatus, or other thing or,
2b) causes property, by whom ever it may be owned, to be lost, damaged, or destroyed.

This can be used against those who grab a blood pressure cuff and bit it or break one of the hand cleaners.

Question 137

If someone comes into your property to find a time or doctor is he committing a prohibited act?

Answer 137

52(4) No person does a prohibited act within the meaning of this section by reason only that he attends at or near or approaches a dwelling or House or place for the purposes of only obtaining or communicating information.
Remember fontbonne with Richard “see u in court Richard”….I saved his behind by giving his stuff back.

Question 138

How many people coming together acting out would be considered a riot?

Answer 138

12 or more

Question 139

What is a victim?

Answer 139

A person against whom the offence was committed, or has alleged to have been committed, who has suffered, physical or emotional harm, property damage, or economic loss as a result of the commission or alleged ……

Question 140

What is a threat and what criminal code does it belong to?

Answer 140

A threat is 264 (1) and states that every one who, in any manner, knowingly utters, convey or causes any person to receive a threat (a) to cause death or bodily harm to any person;

(b) to burn, destroy or damage real or personal property; or
(c) to kill, poison or injure an animal or bird that is the property of another person, is guilty of a indictable offence

http://laws-lois.justice.gc.ca/eng/acts/C-46/section-264.1.html

Question 141

What is sec 17 of the mental health act allows police to do what?

Answer 141

Sec 17 of the MHA.
Where a officer has reasonable and probable grounds to believe that’s person is acting or has acted in a disorderly manner and has reasonable cause to believe that a person
a) has threatened or attempted or is attempting to cause bodily harm to himself or herself;
b) has behaved or is behaving violently towards another person or has caused or is causing another person to fear bodily harm from him or her; or
c) has shown or is showing a lack of competence to care for himself or herself
And in addition the police officer is of the opinion that the person is apparently suffering from mental disorder of a nature or quality that likely will result in,
d) serious bodily harm to the person
e) serious bodily harm to another person; or
f) serious physical impairment of the person
And it would be dangerous to proceed under sec 16, the police officer may take the person into custody to and appropriate place for examination by a physician.

Question 142

Sec 16 of the MHA allows a Justice of the Peace to order a psychiatric evaluation how?

Answer 142

Sec 16 of the Mental Health Act allows a Justice of the peace’s order for psychiatric examination
16 (1) Where information upon oath is brought before a justice of the peace that a person within the limits of the jurisdiction of the justice,

(a) has threatened or attempted or is threatening or attempting to cause bodily harm to himself or herself;
(b) has behaved or is behaving violently towards another person or has caused or is causing another person to fear bodily harm from him or her; or
(c) has shown or is showing a lack of competence to care for himself or herself,

and in addition based upon the information before him or her the justice of the peace has reasonable cause to believe that the person is apparently suffering from mental disorder of a nature or quality that likely will result in,

(d) serious bodily harm to the person;
(e) serious bodily harm to another person; or
(f) serious physical impairment of the person,

the justice of the peace may issue an order in the prescribed form for the examination of the person by a physician. R.S.O. 1990, c. M.7, s. 16 (1); 2000, c. 9, s. 4 (1).

https: //www.ontario.ca/laws/statute/90m07#BK13
https: //www.ontario.ca/laws/statute/90m07#BK14

Question 143

Under which sec of the MHA is a form that a justice of the peace can complete for a pay evaluation?

Answer 143

Sec 16 (1) of the MHA where Information upon oath is brought before the justice of the peace that a person within the limits of their jurisdiction of the justice.

(a) has threatened or attempted…..
https: //www.ontario.ca/laws/statute/90m07#BK14

Question 144

What is The Occupier Laibility Act?

Answer 144

Definitions
1 In this Act,

“occupier” includes,

(a) a person who is in physical possession of premises, or
(b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises,

despite the fact that there is more than one occupier of the same premises; (“occupant”)

“premises” means lands and structures, or either of them, and includes,

(a) water,
(b) ships and vessels,
(c) trailers and portable structures designed or used for residence, business or shelter,
(d) trains, railway cars, vehicles and aircraft, except while in operation. (“lieux”) R.S.O. 1990, c. O.2, s. 1.

Common law duty of care superseded
2 Subject to section 9, this Act applies in place of the rules of the common law that determine the care that the occupier of premises at common law is required to show for the purpose of determining the occupier’s liability in law in respect of dangers to persons entering on the premises or the property brought on the premises by those persons. R.S.O. 1990, c. O.2, s. 2.

Occupier’s duty
3 (1) An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.

Idem
(2) The duty of care provided for in subsection (1) applies whether the danger is caused by the condition of the premises or by an activity carried on on the premises.

Idem
(3) The duty of care provided for in subsection (1) applies except in so far as the occupier of premises is free to and does restrict, modify or exclude the occupier’s duty. R.S.O. 1990, c. O.2, s. 3.

Risks willingly assumed
4 (1) The duty of care provided for in subsection 3 (1) does not apply in respect of risks willingly assumed by the person who enters on the premises, but in that case the occupier owes a duty to the person to not create a danger with the deliberate intent of doing harm or damage to the person or his or her property and to not act with reckless disregard of the presence of the person or his or her property. R.S.O. 1990, c. O.2, s. 4 (1).

Criminal activity
(2) A person who is on premises with the intention of committing, or in the commission of, a criminal act shall be deemed to have willingly assumed all risks and is subject to the duty of care set out in subsection (1). R.S.O. 1990, c. O.2, s. 4 (2).

Trespass and permitted recreational activity
(3) A person who enters premises described in subsection (4) shall be deemed to have willingly assumed all risks and is subject to the duty of care set out in subsection (1),

(a) where the entry is prohibited under the Trespass to Property Act;
(b) where the occupier has posted no notice in respect of entry and has not otherwise expressly permitted entry; or
(c) where the entry is for the purpose of a recreational activity and,
(i) no fee is paid for the entry or activity of the person, other than a benefit or payment received from a government or government agency or a non-profit recreation club or association, and
(ii) the person is not being provided with living accommodation by the occupier. R.S.O. 1990, c. O.2, s. 4 (3).
https: //www.ontario.ca/laws/statute/90o02

Question 145

What is the Negligence Act?

Answer 145

Extent of liability, remedy over
1. Where damages have been caused or contributed to by the fault or neglect of two or more persons, the court shall determine the degree in which each of such persons is at fault or negligent, and, where two or more persons are found at fault or negligent, they are jointly and severally liable to the person suffering loss or damage for such fault or negligence, but as between themselves, in the absence of any contract express or implied, each is liable to make contribution and indemnify each other in the degree in which they are respectively found to be at fault or negligent. R.S.O. 1990, c. N.1, s. 1.

https://www.ontario.ca/laws/statute/90n01

Question 146

When searching what laws protect you to perform the search?

Answer 146

1. Occupier Lability Act 3 (1) An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.

Idem
(2) The duty of care provided for in subsection (1) applies whether the danger is caused by the condition of the premises or by an activity carried on on the premises.

Idem
(3) The duty of care provided for in subsection (1) applies except in so far as the occupier of premises is free to and does restrict, modify or exclude the occupier’s duty. R.S.O. 1990, c. O.2, s. 3.

2. Common law - Incidental to arrest.
   Search incident to arrest is an exception to the rule that a warrantless search is prima facie unreasonable.[6]

Further, an accused has no expectation of privacy with respect to his personal belongings seized upon arrest.[7]

Searches incidental to arrest are required to follow a number of principles stated in R. v. Caslake:[8]

Officers undertaking a search incidental to arrest do not require reasonable and probable grounds; a lawful arrest provides that foundation and the right to search derives from it (Caslake at paras. 13 and 17);
The right to search does not arise out of a reduced expectation of privacy of the arrested person, but flows out of the need for the authorities to gain control of the situation and the need to obtain information (Caslake at para. 17);
A legally unauthorized search to make an inventory is not a valid search incidental to arrest (Caslake at para. 30);
The three main purposes of a search incidental to arrest are: (1) to ensure the safety of the police and the public; (2) to protect evidence; (3) to discover evidence (Caslake at para. 19);
The categories of legitimate purposes are not closed: while the police have considerable leeway, a valid purpose is required that must be “truly incidental” to the arrest (Caslake at paras. 10, 20 and 25);
If the justification for the search is to find evidence, there must be a reasonable prospect the evidence will relate to the offence for which the person has been arrested (Caslake at para. 22);
The police undertaking a search incidental to arrest subjectively must have a valid purpose in mind, the reasonableness of which must be considered objectively.
The police are obliged to safeguard items they have seized.[9]

↑ R. v. Caslake [1998] SCR 51 at 22
↑ R. v. Morrison 1987 CanLII 182 (ON C.A.), (1987), 35 C.C.C. (3d) 437
↑ Cloutier v. Langlois, [1990] S.C.J. No. 10 [5]
↑ R. v. Rajaratnam, 2006 ABCA 333 at para. 20 [6]
↑ R. v. Caslake, 1998 1 SCR 51 at 13
↑ R. v. Golden [2001] 3 SCR 679 at para 23
↑ R. v. Blais 2004 CanLII 8466 (ON C.A.) [7])There is no “blanket authority” to search a car incident to arrest. (R. v. Bulmer, 2005 SKCA 90 [8]
↑ R. v. Caslake, [1998] 1 S.C.R. 51[9]
↑ R v Strilec, 2010 BCCA 198; R v Wint 2009 ONCA 52

Occupier Liability Act:
https://www.ontario.ca/laws/statute/90o02

Common law:
https://en.m.wikibooks.org/wiki/Canadian_Criminal_Procedure_and_Practice/Search_and_Seizure/Print_version

Question 147

When restraining someone that has been placed on a form #1 suddenly tries to hurt him/herself, what authority do I have to restrain them?

Answer 147

1. Occupier liability Act 4(1) says the duty of care provided for in Subsection 3(1) does not apply in respect of risks willingly assumed by the person who enters on the premises, but in the case the occupier owes a duty to the person not to not create a danger with the deliberate intent of doing harm or damage to the person or his or her property and to not act with reckless disregard of the presence of the person or his or her property.
2. Restraint minimization Act says 5 subsection (1) :
   Enhancement of freedom, etc.
   5 (1) A hospital or facility may restrain or confine a patient or use a monitoring device on him or her,

(a) if it is necessary to prevent serious bodily harm to him or her or to another person;

Patient Restraint minimization Act:
Common law duty of caregivers:
(2) Subsection (1) does not affect the common law duty of a caregiver to restrain or confine a person when immediate action is necessary to prevent serious bodily harm to the person or to others. 2001, c. 16, s. 6 (2).

Duty of Care - Security Guard License
Require you to preserve the safety of everyone when possible while on property.

3. Defence of property CC 35
   http: //www.justice.gc.ca/eng/rp-pr/other-autre/rsddp-rlddp/p6.html
4. Occupier Liability Act (4):
   https: //www.ontario.ca/laws/statute/90o02
5. https://www.ontario.ca/laws/statute/01p16

Question 148

Other reading

Answer 148

Excellent care for all Act
Patient Restraint Minimization Act

Question 149

What are the principals of fundamental justice re Sec 7 of the charter of rights?

Answer 149

Section 7 of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual’s autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and security of the person. Denials of these rights are constitutional only if the denials do not breach what is referred to as fundamental justice.

Question 150

What is a statue and give a example?

Answer 150

Statutes are laws made by Parliament or a Legislature and are also known as Acts. They may create a new law or modify an existing one. Regulations are the rules that address the details and practical applications of the law. The authority to make regulations related to an Act is assigned within that Act. Just like statutes, regulations have the full force of law.

https://www.lawcentralalberta.ca/en/know/laws-other-provinces

Question 151

Where do we get our rights and freedoms from (act or document) or show the history of fundamental justice?

Answer 151

We get our rights and freedoms from “The Canadian Charter of Rights and Freedoms” (or from the Constitutional Act 1980) French: La Charte canadienne des droits et libertés), in Canada often simply the Charter, is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the Act.

The Charter was preceded by the Canadian Bill of Rights, which was enacted in 1960. However, the Bill of Rights is only a federal statute, rather than a constitutional document. As a federal statute, it can be amended through the ordinary legislative process and has no application to provincial laws. The Supreme Court of Canada also narrowly interpreted the Bill of Rights and the Court was reluctant to declare laws inoperative.[1] The relative ineffectiveness of the Canadian Bill of Rights motivated many to improve rights protections in Canada. The movement for human rights and freedoms that emerged after World War II also wanted to entrench the principles enunciated in the Universal Declaration of Human Rights.[2] The British Parliament formally enacted the Charter as a part of the Canada Act 1982 at the request of the Parliament of Canada in 1982, the result of the efforts of the government of Prime Minister Pierre Trudeau.

One of the most notable effects of the adoption of the Charter was to greatly expand the scope of judicial review, because the Charter is more explicit with respect to the guarantee of rights and the role of judges in enforcing them than was the Bill of Rights. The courts, when confronted with violations of Charter rights, have struck down unconstitutional federal and provincial statutes and regulations or parts of statutes and regulations, as they did when Canadian case law was primarily concerned with resolving issues of federalism. The Charter, however, granted new powers to the courts to enforce remedies that are more creative and to exclude more evidence in trials. These powers are greater than what was typical under the common law and under a system of government that, influenced by Canada’s parent country the United Kingdom, was based upon Parliamentary supremacy. As a result, the Charter has attracted both broad support from a majority of the Canadian electorate and criticisms by opponents of increased judicial power. The Charter only applies to government laws and actions (including the laws and actions of federal, provincial, and municipal governments and public school boards), and sometimes to the common law, not to private activity.

http://laws-lois.justice.gc.ca/eng/Const/page-15.html

Question 152

What is Criminal Code is Mischief and what does it entail?

Answer 152

140. (1) Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by

(a) making a false statement that accuses some other person of having committed an offence;
(b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;
(c) reporting that an offence has been committed when it has not been committed; or
(d) reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.

Question 153

SITUATION #1a- A patient comes in to ER and while waiting for help, damages property”…under what law can best describe his arrest?

Answer 153

Sec 430 (1) of the Criminal Code says “Everyone commits mischief who willfully (a) destroy or damaged property
(B) renders property dangerous, useless, inoperative or ineffective
(C) obstructs or interrupts or interferes with the lawful use, enjoyment, or operation of property or
(D) obstructs or interrupts or interferes with any person in the lawful use, enjoyment or operation of property

Question 154

A powder is found in the patients room and nursing staff want patients room searched for any other illicit substances.

Answer 154

Under what authority does security have to search a patients room?

Question 155

SITUATION(10)-A lady lies on the floor having a tantrum. She is showing complete protest when her 50 yr old voice and posture say she will not co operate going into a secure room volentarily. Regardless she needs to be directed says dr and nurses. While she lay on the floor yelling at nurses, this causes tension to increase which pushes the Dr to demand that you remove her ASAP. What authority do have to physically move her or can u verbally direct her? She’s not yet on a form 30 or form 3! But what can you do? Wait or act and explain how?

Answer 155

There are 2 issues. The first one being the dr recognizing a patient is causing a disturbance which may send the floor into a riot, and the second is that the patient is already unapproachable position being that she is laying face up at security this at a disadvantage to staff. This leaves 3 options; leave her, left her up forcefully, or secure her on the floor for medications. The authority to secure her comes under the ??????

Question 156

When u stop someone walking thru the hospital, hey say to you that you detaining them and that’s unlawful. You explain that you saw them acting “? “ and that justifies you stopping them. What act or law protects you from stopping someone should u suspect something and what could it be that u stopped them?

Answer 156

Under the occupier lability Act one can be stopped ????
Under the code of conduct u are acting in good faith when u are stopping them because u suspect they are ill!
Under the Criminal Code Sec ???

Question 157

List a few indictable offences and there Criminal Code?

Answer 157

Sec 2
Sec 235 first degree murder
Sec 235 second degree murder
Sec 47 high treason
Sec 83.2 committing a offence for a terrorist group
Sec 83.21(1) instructing activity for a terrorist group
Sec 83.22(1) instructing terrorist activity
Sec 467.13(1) instructing commission is a offence for a criminal organization
Sec 239.1(a)(I) attempted murder with a restricted or prohibited firearm
Sec 273.2(a)(i) aggregated sexual assault with restricted or prohibited firearm or for a criminal organization
Sec 279(1.1)(a)(i) kidnaping, trafficking in persons, hostage taking and abduction with restricted firearm etc for a criminal organization
Sec 279.1(2)(a)(i) hostage taking with a restricted firearm or for benefit of criminal organization
Sec 344(1)(a)(i) Robbery with a restricted firearm or for a criminal organization
Sec 346 (1.1)(a)(i) Extortion (with a restricted firearm for a criminal organization
Sec 220 (a) Causing death by criminal negligence (involving use of a firearm)
Sec 148 every person who?????
Sec 153 ????
Sec 437 Every one who wilfully, without reasonable cause, by outcry, ringing bells, using a fire alarm…..

Question 158

What are the difference types of laws and why are they?

Answer 158

Case Law

Civil Law

Criminal Law

Question 159

What is Bill C-45?

Answer 159

Is it;

A) Occupational Health

B) Federal Legislation

C) Occupational

D) All of the above

Question 160

What is Tort Law?

Answer 160

A) Civil Law

B) Legal Authority

C) Case Law

The word Tort is Norman French for wrong. It is derived from the Latin word TORTUS meaning twisted. Tort is defined as a wrongful act that results in injury to another person’s property or reputation, and for which that person is entitled to some kind of compensation. Tort takes place outside of a contact, in other words, the injury to a person, property or reputation cannot be as a result of a breach of contract.
Tort Law then is the law that surrounds determining if wrong has occurred against a person and if wrong has occurred what the compensation to that person should be. It is very important to note that the primary purpose of tort law is to compensate victims of tort, not to punish those responsible for the actions. Tort Law developed to hold people accountable to each other. Everyone must attempt to be aware of what they are doing and how it may affect the people around them, or they must be prepared to pay compensation. Tort Law is not clear cut. There are many subtleties and nuances that come into effect on a case by case basis to make tort Law complicated and challenging. Tort Law also changes over time as scoietys perceptions of responsibility and injuries change.
Most of tort Law come from common law; it is based upon judges decisions about how people should treat each other. Some tort Law, however, comes from statue law as a result of being legislated by provincial parliaments. And example or tort Law that comes from stair Law is occupier Liability, which is based upon Occupier Liability Act.

Question 161

What Section of the Criminal Code allows anyone to use as much Force as necessary who is protecting persons under authority?

Answer 161

Sec __25(1) of he Criminal Code says, Every one who is required or authorized by law to do anything in the administration or enforcement of the law

(a) as a private person,
(b) as a peace officer or public officer,
(c) in aid of a peace officer or public officer, or
(d) by virtue of his office,

is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.

Marginal note:Idem

(2) Where a person is required or authorized by law to execute a process or to carry out a sentence, that person or any person who assists him is, if that person acts in good faith, justified in executing the process or in carrying out the sentence notwithstanding that the process or sentence is defective or that it was issued or imposed without jurisdiction or in excess of jurisdiction.

Marginal note:When not protected

(3) Subject to subsections (4) and (5), a person is not justified for the purposes of subsection (1) in using force that is intended or is likely to cause death or grievous bodily harm unless the person believes on reasonable grounds that it is necessary for the self-preservation of the person or the preservation of any one under that person’s protection from death or grievous bodily harm.

Marginal note:When protected

(4) A peace officer, and every person lawfully assisting the peace officer, is justified in using force that is intended or is likely to cause death or grievous bodily harm to a person to be arrested, if
(a) the peace officer is proceeding lawfully to arrest, with or without warrant, the person to be arrested;
(b) the offence for which the person is to be arrested is one for which that person may be arrested without warrant;
(c) the person to be arrested takes flight to avoid arrest;
(d) the peace officer or other person using the force believes on reasonable grounds that the force is necessary for the purpose of protecting the peace officer, the person lawfully assisting the peace officer or any other person from imminent or future death or grievous bodily harm; and
(e) the flight cannot be prevented by reasonable means in a less violent manner.

Marginal note:Power in case of escape from penitentiary

(5) A peace officer is justified in using force that is intended or is likely to cause death or grievous bodily harm against an inmate who is escaping from a penitentiary within the meaning of subsection 2(1) of the Corrections and Conditional Release Act, if
(a) the peace officer believes on reasonable grounds that any of the inmates of the penitentiary poses a threat of death or grievous bodily harm to the peace officer or any other person; and
(b) the escape cannot be prevented by reasonable means in a less violent manner.

Question 162

What Section of the Criminal Code allows anyone to use force to prevent the commission of that offence?

Answer 162

Sec_27_of the Criminal Code says, Every one is justified in using as much force as is reasonably necessary

(a) to prevent the commission of an offence
(i) for which, if it were committed, the person who committed it might be arrested without warrant, and
(ii) that would be likely to cause immediate and serious injury to the person or property of anyone; or
(b) to prevent anything being done that, on reasonable grounds, he believes would, if it were done, be an offence mentioned in paragraph (a).

R.S., c. C-34, s. 27.

Question 163

What Section of the Criminal Code limits the amount of force one can use to prevent a offence?

Answer 163

Sec__26__of the Criminal Code limits the use of force by explaining what is Excessive force.

26 Every one who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess.

R.S., c. C-34, s. 26.

Question 164

What section of the Criminal Code protects those who use force to protect themselves?

Answer 164

Sec____34(1)___of the Criminal Code says, A person is not guilty of an offence if

(a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;
(b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and
(c) the act committed is reasonable in the circumstances.

Marginal note:Factors

(2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:
(a) the nature of the force or threat;
(b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;
(c) the person’s role in the incident;
(d) whether any party to the incident used or threatened to use a weapon;
(e) the size, age, gender and physical capabilities of the parties to the incident;
(f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;
(f. 1) any history of interaction or communication between the parties to the incident;
(g) the nature and proportionality of the person’s response to the use or threat of force; and
(h) whether the act committed was in response to a use or threat of force that the person knew was lawful.

Marginal note:No defence

(3) Subsection (1) does not apply if the force is used or threatened by another person for the purpose of doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

R.S., 1985, c. C-46, s. 34; 1992, c. 1, s. 60(F); 2012, c. 9, s. 2.

Question 165

What section of the Criminal Code protects those who use force to protect ones property?

Answer 165

Sec__35(1)__ the Criminal Code says, A person is not guilty of an offence if

(a) they either believe on reasonable grounds that they are in peaceable possession of property or are acting under the authority of, or lawfully assisting, a person whom they believe on reasonable grounds is in peaceable possession of property;
(b) they believe on reasonable grounds that another person
(i) is about to enter, is entering or has entered the property without being entitled by law to do so,
(ii) is about to take the property, is doing so or has just done so, or
(iii) is about to damage or destroy the property, or make it inoperative, or is doing so;
(c) the act that constitutes the offence is committed for the purpose of
(i) preventing the other person from entering the property, or removing that person from the property, or
(ii) preventing the other person from taking, damaging or destroying the property or from making it inoperative, or retaking the property from that person; and
(d) the act committed is reasonable in the circumstances.

Marginal note:No defence

(2) Subsection (1) does not apply if the person who believes on reasonable grounds that they are, or who is believed on reasonable grounds to be, in peaceable possession of the property does not have a claim of right to it and the other person is entitled to its possession by law.

Marginal note:No defence

(3) Subsection (1) does not apply if the other person is doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

R.S., 1985, c. C-46, s. 35; 2012, c. 9, s. 2.

Question 166

What does these Latin terms mean?

Answer 166

Habeus Corpus: means u may you have the body. Used in giving rights in sec 10 of the charter of rights when using RTC

Actus Reus: quilt Act

As quod damnum: according to harm

Affidavit: sworn document

Amicus Curiae: friend of the court

Animus nocemdi: intent to harm

Animus possideni: intent to possess

Mens Rea: quilty mind

Per minas: through threats

Post Mortem: after death

Question 167

What is a CTO, what form is it and what does it involve?

Answer 167

A CTO is a “community treatment order” not to be mistaken for a form 17A of the mental Health Act where HPS will have authority to remove that person by “order for examination”.
But In Sec 33.4(2) of the mental health act and 33.7, signed by a AMHP or 1 or 2 doctors.
See also form 47.

CC Mental Health Act:
33.7 A community treatment plan shall contain at least the following:

1. A plan of treatment for the person subject to the community treatment order.
2. Any conditions relating to the treatment or care and supervision of the person.
3. The obligations of the person subject to the community treatment order.
4. The obligations of the substitute decision-maker, if any.
5. The name of the physician, if any, who has agreed to accept responsibility for the general supervision and management of the community treatment order under subsection 33.5 (2).
6. The names of all persons or organizations who have agreed to provide treatment or care and supervision under the community treatment plan and their obligations under the plan.

The subject is allowed to remain in the community as long as he/she agrees to receive regular injections of a anti-psychotic medication. If the person who is on a CTO fails to receive his monthly treatment police will be ordered to find that person and bring them to the nearest Emergency for treatment. Unknown at this time are police only ordered to bring that person to the facility or ordered to assist in safely securing that person to allow medical staff to deliver the medication.

Conditions:
Re Joe ?????…who walked around the unit and when approached by DM, made threats to DM to find him and/or follow him to his car and end him while he said this in front of police. DM said that’s a threat and chargeable….police echo “yes that’s a threat and we can charge you”. “Do you want that?”

Note: any threats or actions which violate the conditions of his/her release is a subject to immediate arrest for violation of that and returned to the place where the CTO has agreed to provide treatment. The director of the CTO may file a “breach notice” thus ordering the police to apprehend and detain the individual for review by the tribunal or director.(unknown who reviews the incident at this time).

http: //www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/FormDetail?openform&ENV=WWE&NO=014-3761-41
http: //carrieresantementale.ca/Resource%20Library/Policing/Patients%20Brought%20to%20hospital%20under%20Mental%20Health%20Act%20by%20Hamilton%20Police.pdf
http: //www.ontla.on.ca/library/repository/mon/1000/10293918.pdf

Question 168

What Latin term would you like to represent

Answer 168

“Veritate et Virtute”: Truth and Honor.

“Versatia ver tu tai”: Truth and virtue

“Virtūs et Honos”: strength an honor.

Fortitudo et Honor!”: Strength and Honor”

Strength and honour: fortsa a Anora

Ora et Labora, Pray and Work (Motto of the Benedictine Order)

Perfer et Obdura, Be Patient and Tough (Ovid, Amores 3.11.7)

Question 169

What is fundamental Justice?

Answer 169

In Canadian and New Zealand law, fundamental justice is the fairness underlying the administration of justice and its operation. The principles of fundamental justice are specific legal principles that command “significant societal consensus” as “fundamental to the way in which the legal system ought fairly to operate”, per R v Malmo-Levine.[1] These principles may stipulate basic procedural rights afforded to anyone facing an adjudicative process or procedure that affects fundamental rights and freedoms, and certain substantive standards related to the rule of law that regulate the actions of the state (e.g., the rule against unclear or vague laws). The degree of protection dictated by these standards and procedural rights vary in accordance with the precise context, involving a contextual analysis of the affected person’s interests. In other words, the more a person’s rights or interests are adversely affected, the more procedural or substantive protections must be afforded to that person in order to respect the principles of fundamental justice.[2] A legislative or administrative framework that respects the principles of fundamental justice, as such, must be fundamentally fair to the person affected, but does not necessarily have to strike the “right balance” between individual and societal interests in general.[3]

Question 170

Ask Mike?

Answer 170

1. In Sec 25 what are “certain conditions”.
2. How do you combat SNS activation or stress. What can u say or do? (Look at psy-com Lee Morrison)
3. Break down searches and authority to do a search. Like he asked Ken. Can we search a patient room and or body if they refuse to search?
4. Where is the mission statement in our test? The basic words that reflect the statement?
5. Are we obligated to assume standby of a patient who was or is custody. Also ask about form 47 or CTO. Are they only obligated to bring that person in or also to keep the staff safe from him.
6. Sec 27 says “use force to prevent a offence” so what’s “a offence”, I thought we are using force to prevent a indictable offence.
7. Need real examples senerios like Fabri or Roy when he was punching windows in PES. Is that not breach of peach. If we arrest for “breach of peace CC30”or “Causing disturbance-Cc175” or why isn’t that in our training?
   7.5 Why is Breach of Peace CC30 say “Every one who witnesses a breach of the peace”, and yet CC31 says “Every Peace Officer”. Does that mean breach of peace is only for police? CC30 says everyone may arrest as long as they deliver to a peace officer.
8. Mike mentions “cautioning” someone when arresting and during our training and how is it important. What does he exactly mean? Is that sec 7 of the charter?
9. If a “breach of information” occurs then who is the first responder and what are the next steps —explain with privacy officer and who they notify…legal…lawyers…police….investigators to investigate further…has there been a breach before? Can someone be arrested under the PIPPEDA act? Like cell phones?
10. Can paramedics restrain their patient and if so where does it state? And what state does the patient have to be in? Can we assist in restraining them and under what authority are we protected? Obviously we have right to prevent injury as in CC ???
11. According to the rights advisor that the physician who places the pt on a form1 must also allow him or her to make a phone call….RA says it states on that on the form#1 but does not state on the MHA? Are we obligated to get him a phone if by duty of care we are to protect the patient and business?
12. CC 494 stats “…committing a criminal offence in or in relation to the property”, so what is a Criminal Offence is it the same as Indictable Offence? Then we are only allowed to arrest for indictable offences? Then we should have a list of indictable offences!
13. When security is aware that the person has a criminal history like JM or JC and was recently released from jail ask Mike what are the conditions of release? Who do we contact or do we inform the police. Where can we find them? Why doesn’t the police give the agent of the property notice of conditions? Shouldn’t that be part of their job if they drop someone off? Does that state anywhere that they should?
14. Where is CC 152 (invitation to sexual touching) in our training?
    It is a indictable offence and how do we investigate? JM could not be arrested on March 16 because he didn’t say the exact words needed police said.
    14.5 Sec 26 of Mental Health Act says “officer in charge or a person acting under his or her authority”…who is officer in charge in that?
15. Perspective 2015-001146 says security can be charged….ask mike.
    Page 277. Steve T. Perspective.
16. Is a breach of PIPPDA a summary offence or indictable or dual offence so if it’s a indictable offence then is taking pictures of patient or staff not breaching information that a person is in the hospital? Personal information privacy and electronics
17. Sec 25 says by virtue of his office What does that mean? Also in sec 25 says you are auth to use force to assist police if they are lawfully arresting…how would we know the arrest was not lawful? What is “a process” in sec25 (2)?
18. If we repeatedly asked someone to leave and they say they are harassing them…what do you tell them if your just doing your job. (Look up criminal Harassment).
19. If someone wants to know if someone has died in the hospital, is their death still part of FIPEDA or PIPPEDA? Our social worker tries to get a person out of the morgue but people say their are being harassed but is their info protected now that they are dead?
20. NOT to make comments about amount of force to break a jaw is 8 lbs….we are not concerned with minimizing force when force is being used against us….thus creating limits when the opponent has no limits.
21. You see someone on camera and it is not a patient….you want to warn others without using the radios because you have no ear piece so you want to send a pic of the screen…are you breaching PIPEDA or any other Act by taking a picture to share with fellow co-workers.
22. If CC 35 allows anyone to defend the property…or removing them…why do we use TPA so much.
23. If someone is placed on a form1 and then asked if they can use the phone to call their lawyer…medical staff do not allow them. Is that not a breach of their Fundamental Rights Charter of right and freedoms 10(b)? What can we do? Are we to provide them a phone?…as per our license “obey all laws”?
24. Where is the training with elderly and elderly with dementia and or Alzheimer’s?
25. What about training with hearing impaired….need to do a little basic signing?
26. In the Healthcare Consent Act…it says “caregivers” in Restraint, confinement 7.” Are Security part of the caregivers?
27. Are Healthcare Practitioners only Drs or are they nurses and Drs? If they include Rns, then they have the ability to instruct us to restrain someone we did not know or know they were about to be in serious bodily harm.
28. If we are able to arrest for indictable offences then why can’t we force issue of their ID? See CC 139 1(b)(c)….answer is defeat obstruct or pervert the course of justice. Which you do not have authority to creat.
29. In MHA 33 it says “until the facility takes custody of him or her in the prescribed manner”, what does that mean? If it means restraining why don’t they assist to allow restraints?
30. What does common law duty and caregivers mentioned in PRMA.
    “Common law duty of caregivers
    (2) Subsection (1) does not affect the common law duty of a caregiver to restrain or confine a person when immediate action is necessary to prevent serious bodily harm to the person or to others. 2001, c. 16, s. 6 (2).
31. If someone is self inflicting themselves or about to injure themselves, how are we protected? Good Samaritan clause and or Duty to Rescue or Duty of persons to provide necessaries (criminal Code 215) or Occupier Liability Act?
32. See SITUATION 35 - someone is leaving and you and the nurse feel they are going to hurt themselves because they cannot walk because if meds. Are not obligated like Safe Serve laws to prevent them from harming themselves? Even though a Dr says they are on a form 1.
33. Where does it say it is illegal to stop someone from leaving without a form 42? This is very important to ask mike!!!!
34. In he question “what are the requirements of a forced response”, what response does it refer to…any response or a force required to respond to a assault or a requirement for the job…ie secure a patient. Saying a “forced” response implies that it a initial force was initiated by someone else and in response to perform your duties a requirement was needed by you because of a situation or incident or contact onto you.
35. Why is charter of right 7 right to life liberty and security not included in the test? Liberty and Security is what everyone complains about when they are deprived of not being able to move about or being restrained is against their rights not to be secured.
36. Ask Mike if he knows about Bruce Siddle and PPCT Training (Pressure Point Control Tactics).
    Ask him if he has the book that Bruce Siddle put out “Sharpening the warriors edge”.
37. If you believe someone is about to be assaulted….and you arrest them. Do you inform them of the criminal Code or assault or both? If you are preventing a assault is that CC 27?
38. If arrest means that their liberty to move about has been removed, what do you say if they have been secluded under the MHA? They always ask I want to speak to my lawyer?!! Who’s responsibility is it then? Ours because we heard them ask for a phone call, or the Drs for putting them on a form 1 and requesting they be secluded without a phone call.
39. Why are the questions all over he place? Why did the senerios not stopped at the moment of possible mistake and then interject the proper training. Instead he allowed everyone to make mistakes and told them what he did wrong. Likes to see chaos. Why tell how to choke if choking is not allowed. Why say to the team….”do you think the boss would like to see video of you choking someone Monday morning when he comes into work”??? Why keep jumping questions and senerios in class? Why jump up and walk over to the staff?
40. When a female has been arrested and cuffed….if she wants to use the bathroom….can u release the handcuffs to use the bathroom and re-handcuff???? March 3 10am.

Question 171

What is a Canadian statute?

Answer 171

The Statutes of Canada (SC) consists of the compilation of all the federal laws of Canada passed by the Parliament of Canada since Confederation in 1867. The Revised Statutes of Canada (RSC) is the consolidation of the statutes of Canada incorporating amendments and acts that have been added since the last revision. Thus far there have been six revisions: in 1886, 1906, 1927, 1952, 1970, and 1985.

Question 172

List some fundamental rights we have in Canada?

Answer 172

Right to self-determination
Right to liberty
Right to due process of law
Right to freedom of movement
Right to freedom of thought
Right to freedom of religion
Right to freedom of expression
Right to peaceful assembly
Right to freedom of association

RT to—SD—LB—PL—FM—FT—FR—FE—PA—FA

Question 173

Explain the theory and types of communication. Advanced Communication Skills.

Answer 173

Understanding communication

For its apparent necessity, communication doesn’t always include a huge margin for error. There’s actually a good reason for that, and it is because communication is not just one person’s burden. By definition, communication means two or more people exchanging information.

Often understood to be verbal, communication can take on many forms. For instance, I (the author) am communicating with you (the reader). There are many important types and forms of communication. Here are the six most important forms of communication.

1. Listening

We were talking above about how many arguments are blamed on miscommunication (most of them – rightly so). In those arguments, it isn’t uncommon to hear one party accuse the other of “not listening.” It’s not just in arguments, though, that listening is important. Listening is a mode where you are receiving and processing every other form of communication another person, or group of people, is putting forward.

Good listening skills will not only help you in the midst of an argument, but will be beneficial to avoiding disagreements altogether. Understanding that a person’s communication goes far beyond his or her words will help you read into nonverbal cues and possibly extrapolate completely different messages than what he or she is saying in some cases.

2. Verbal communication

As the form of which most people think when they hear ‘communication,’ verbal communication is incredibly important to well being in your relationships. Knowing how to use words to properly articulate your thoughts in a way that is gentle and yet assertive can be one of the most difficult soft skills to master. Understanding your audience can be crucial to elements of verbal communication like word choice, slang usage, etc.

Other instances may call for you to use euphemism, or say something in a kinder and less forward way than you might actually intend. Another verbal communication skill is repeating back something somebody else has just said to you. Not only does this show you were listening, but helps avoid you misunderstanding their meaning if they did not communicate it properly.

3. Nonverbal communication

Did you know that, while verbal communication is extremely important, it only makes up 7% of all communication. Your mind literally only uses words as a last resort when nonverbals clues have been perceived as ineffective communication. Because nonverbal is a bit of a deconstructed term (meaning any communication without words) it encompasses a huge range of elements.

The most studied elements to nonverbal communication are things like body language, eye contact, voice tone or inflections, and distance. Paying attention to the way you are using these elements to communicate will help give you a more straight-forward and assertive communication method. For instance, if you’re involved in a project and trying to communicate that you think it will get done on time (even if you’re nervous about it), a relaxed stance (one foot crossed over the other if standing, shoulders lowered, chin up) and wide hand movements are confident communicators.

On the other hand, if you’re not mindful of this and telling your group that you “know everything will get done” in a weak voice, moving erratically and with your arms crossed, you are actually betraying what you’re saying with your nonverbals.

While your group members may not be able to put their finger on it, most or all of them will be able to say there was something untrustworthy about your assertion. Their minds are doing what all ours do – recognizing nonverbal cues first and prioritizing them higher than verbal communication.

4. Emotional awareness

Like nonverbal communication, emotional awareness is an element of good communication that requires you to be attentive and in-the-moment. Good emotional awareness means being able to figure out the emotions both you and a conversational partner are bringing to discourse.

Our emotions are powerful filters that are going to affect our perception of reality regardless of how hard we try to be unbiased. Knowing your own emotional state will help you communicate better. For example:

A coworker has said something to me that made me feel stupid and like I didn’t know what I was doing. When I go to meet up with a friend later, he’s telling me about this new stereo he bought and mentions it’s a 150-watt amplifier, then follows up with “not that I expect you to know what that means.” The conversation can either continue or break down here.

I lose my temper and storm out. How could he also think that? Maybe I really am stupid!
I acknowledge his comment and respond “Yeah I hear watt numbers thrown around a lot on TV ads, but really don’t know what that all means. Is 150 good?”
In the first scenario, I was unaware of how self-conscious I had been feeling since I had been made to feel stupid at work (which was also likely just a communication breakdown). Because I didn’t stop to think about my own state, the insecurity festered and caused a catastrophic meltdown when my friend triggered those latent emotions.

In the second scenario, I had spent time thinking about how the coworker didn’t really mean I was stupid, and she was having a bad day and probably taking that out on me a little bit, and I really know what I’m doing. I also knew that I was liable to respond negatively to criticism because of my earlier experience. Even though those feelings were triggered, I was aware of them and didn’t let them control my reaction to a completely harmless comment from a friend.

See how important it is? The same goes for others. In the example above, if I had known that my coworker was upset about her favorite baseball team losing a few hours ago, I would know that any mercurial reaction she had was not actually an indication of how she felt. Of course if everybody in this story knew how they were feeling, all of the poor communication would have probably been avoided.

5. Written communication

Most of us aren’t dipping quills into ink any more to write lengthy letters on our holiday in Charleston, or new birth in the family (that’s what Facebook and Instagram are for, right?). We are still confronted with multiple situations every day, however, in which having a handle on effective written communication opens the door to stronger professional and personal relationships.

Whether it’s sending an email to your boss, composing a cordial text message to a friend or reaching out to your friends on Facebook and asking for donations to a charitable cause, written communication is often taken for granted in spite of its importance. It’s also a difficult communication style to master, as it utilizes words alone without any vocal inflections or nonverbal cues. Additionally, unlike in-the-moment communications, written communications may be referenced after their initial receipt which means there’s an even greater importance to understand audience and communicate clearly and respectfully.

The application of your writing may require adherence to an established structure or series of conventions. These rules can vary greatly, but will often need to be minded in order to have your writing taken seriously and accomplish its end purpose.

6. Communicating in difficult situations

Difficult situations can make communication feel impossible, or at least secondary to survival and protecting your self-interest. Both stress and uncertainty can team up to evoke your fight or flight response in personal and professional settings. Here are some situations which could be difficult:

For supply-chain reasons alone, you’ve been consistently underperforming at work and now your district manager has asked to meet with you personally.
A romantic relationship has been on the rocks lately. Your partner text messages you and asks if you can meet up tonight to talk.
Your son calls you and said he accidentally left the car unlocked in a not-great neighborhood and now it’s gone.
You received a letter from the insurance company, letting you know that your claim for the emergency dental surgery you had last month was denied.
As a civil engineer, you are called to a city council meeting to explain why the intersection you planned in the suburbs has had a record number of traffic accidents.
Not only does stress make it difficult to examine your emotional state, but there is an impetus present for good communication in these circumstances. It’s like being forced to swim 5 laps…but also your feet are tied together…and also if you don’t make it you drown in the ocean.

Mastering communication in difficult situations is a lifelong process, but every time you do it (…and maybe fail a bit), you learn something that can teach you about how to do it better the next time.

Understanding the distinction between planned conversations that are difficult and unplanned will also help, as you are going to be liable to react differently depending on how aware you were the communication would be taking place.

While planned communication (like the scenarios above) will give you time to assess how to keep your verbal communication respectful, stay confident and assertive in your nonverbals, and be aware of your emotional state, being able to communicate in difficult situations that are unplanned is truly the Olympics of good communication.

A helpful strategy to begin the road toward great communication in difficult, or down right bad, situations is to monitor your emotional reactions when bad or stressful news is sprung upon you. People react differently.

You may be somebody who immediately puts all of the blame on him or herself, and need to remind yourself that disagreements or failures are usually a multi-person effort.

You may be somebody who immediately gets angry, and need to spend a minute breathing deeply and trying as hard as you can to think objectively about the best way to move forward.
Understanding your own communication DNA is the first step toward correcting any issues that may be building walls between you and others, and will help prepare you for the times where you’re not able to think about the best way to respond to criticism or difficulty in relationships.

https://www.conovercompany.com/6-types-of-communication/

Question 174

What types of restraints are available in the hospital?

Answer 174

Patient restraints are measures used to limit the activity or control the behaviour of a person or a portion of their body. Types of restraints are:

1. Environmental – the control of a person’s mobility by restricting the available. For example…hand rails, changing a patients rooms to monitor more often, bed alarm.
   Patient Vol. 13, No. 2, May 2004Patient restraints are measures used to limit the activity or control the behaviour of a person or a portion of their body.
2. Mechanical/Physical – the use of any technique, device or mechanism to limit the movement of a person or of a portion of the person’s body. Authorized by a Rn or physician. Temp restraints can be done under Health and Sadety and be auth by a Rn or Dr.
3. Chemical – the use of a drug to specifcally control a person’s behaviour. Authorized by a physician only.

Question 175

When can restraints be used?

Answer 175

Patient restraints can be used if it is necessary to prevent serious bodily harm to the patient or to another person. They may be applied in an emergency situation where danger is imminent. Restraints should NEVER be used as punishment, as a substitute for nursing care, or as a matter of convenience for the health care provider. Each situation must be dealt with individually and specifcally. Provincial mental health acts may specifcally address the use of restraints within a mental health setting.
1 A patient has the right to autonomy of his person. A competent patient may prefer to take the risk of injury, rather than be restrained. Nurses must respect this right and take other measures to reduce patient injury. Usually a physician must order the restraint.
2 Standing orders or long term use of restraints are not appropriate except, perhaps, for environmental restraints.

https://www.cnps.ca/upload-files/pdf_english/restraints.pdf

Question 176

Sec 16 of the Criminal Code is what?

Answer 176

Defence of mental disorder

16 (1) No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong.

Presumption

(2) Every person is presumed not to suffer from a mental disorder so as to be exempt from criminal responsibility by virtue of subsection (1), until the contrary is proved on the balance of probabilities.

Marginal note:Burden of proof

(3) The burden of proof that an accused was suffering from a mental disorder so as to be exempt from criminal responsibility is on the party that raises the issue.
http: //laws-lois.justice.gc.ca/eng/acts/C-46/section-16.html

Question 177

What is a form 2 of the mental health act? Card 177

Answer 177

The form 2 order is directed to the police in the same locality where the Justice has jurisdiction and provides authority to the police to take the person named in the order into custody “forthwith” to an “appropriate place” where the person may be detained for examination by a physician. Form 2 is valid for 7 days. This is issued by a justice of the peace and “information under oath” has been brought before the justice of the peace may be oral or written information and may include documents and other material relevant to the justice’s determination as to whether the criteria are met;
Box A Criteria:
(a) Has threatened or attempted or is threatening or attempting to cause bodily n requires of the peace. harm to himself or herself; (b) Has behaved or is behaving violently towards another person or has caused or is causing another person to fear bodily harm from him or her; or
(c) Has shown or is showing a lack of competence to care for himself or herself, and, if in addition, I believe that the person is apparently su ering from mental disorder of a nature or quality that likely will result in (d) Serious bodily harm to the person;
(e) Serious bodily harm to another person; or (f) Serious physical impairment of the person, ealth care.

Box B Criteria: (a) Has previously received treatment for mental disorder of an ongoing or recurring nature that, when not treated, is of a nature or quality that likely will result in: • serious bodily harm to the person; or 678 • serious bodily harm to another person; or • substantial mental or physical deterioration of the person or; • serious physical impairment of the person; and n to police Police execute Person named in the Pe (b) Has shown clinical improvement as a result of the treatment. on where “Form 2” order order is taken to the un (c) Is apparently su ering from the same mental disorder as the one for which he 2” order (have up to 7 days to emergency department sen or she previously received treatment or from a mental disorder that is similar to igned execute the order. or physician’s office F the previous one This includes the day
(d) Given the person’s history of mental disorder and current mental or physical condition, is likely to:
• Cause serious bodily harm to himself or herself; or
• Cause serious bodily harm to another person; or
• Su er substantial mental or physical deterioration; or
• Su er serious physical impairment; and
(e) Is incapable, within the meaning of the Health Care Consent Act, 1996, of consenting to his or her treatment in a psychiatric facility and the consent of his or her substitute decision-maker has been obtained.

http://www.cmhak.on.ca/images/pdf/Form2_Navigation.pdf

Question 178

A person calls from his cell or landline to one of your staff members (doctor) is “gonna pay for….” by way of threating comments and you end up talking to him while on the phone with you. You….inform him while HPS are contacted as per policy?????
And inform them of….see below. Card 178

Answer 178

Criminal harassment

264 (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.

Prohibited conduct

(2) The conduct mentioned in subsection (1) consists of
(a) repeatedly following from place to place the other person or anyone known to them;
(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
(d) engaging in threatening conduct directed at the other person or any member of their family.

Assaults

Uttering threats

264. 1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
     (a) to cause death or bodily harm to any person;
     (b) to burn, destroy or damage real or personal property; or
     (c) to kill, poison or injure an animal or
     http: //www.justice.gc.ca/eng/rp-pr/cj-jp/fv-vf/har/part1.html

Question 179

Keep sources under which headings you found them.
Criminal Code.
Acts.
Card 179

Answer 179

Criminal Code:
http://laws.justice.gc.ca/PDF/C-46.pdf

Commonly Accessed Acts:
http://laws.justice.gc.ca/eng/acts/

R vs Stinchcombe ————-Card 79
https://en.m.wikipedia.org/wiki/R_v_Stinchcombe

What is Sexual Harassment—Card 92
http://laws-lois.justice.gc.ca/eng/acts/C-46/section-271.html

Assault by Trespasser———-Card 95
http://laws-lois.justice.gc.ca/eng/acts/C-46/section-41-20030101.html

Control Drugs and Substances
Act ———————————Card 122
http://laws-lois.justice.gc.ca/eng/acts/C-38.8/page-1.html

Assault Sec 267 CC————Card 124
http://laws-lois.justice.gc.ca/eng/acts/c-46/section-265.html

Defence of Property CC 34 and 35—Card 125

http: //lois-laws.justice.gc.ca/eng/acts/C-46/section-34.html
http: //laws-lois.justice.gc.ca/eng/acts/C-46/section-35.html

Sec 30&31 Breach of Peace Card 129
Preventing breach of peace
http://laws-lois.justice.gc.ca/eng/acts/C-46/section-30.html
http://laws-lois.justice.gc.ca/eng/acts/C-46/section-31.html

What is a threat and what does the Criminal Code say about Threats?————————————-Card 140
http://laws-lois.justice.gc.ca/eng/acts/C-46/section-264.1.html

Occupier Liability Act———-Card 144
https://www.ontario.ca/laws/statute/90o02

Negligence Act——————Card 154
https://www.ontario.ca/laws/statute/90n01

What is a statue and give a example of a statue—————————Card 150

Rights and freedoms or Constitution Act or Constitution Act——Card 151

Communication—Card 173

When can restraints be used—————————————Card 175
https://www.cnps.ca/upload-files/pdf_english/restraints.pdf

Defence of mental disorder - Section 16 CC —————————-Card 176
http://laws-lois.justice.gc.ca/eng/acts/C-46/section-16.html

Form 2 —————————Card 177
http://www.cmhak.on.ca/images/pdf/Form2_Navigation.pdf

Harassment ———————Card 178
http://www.justice.gc.ca/eng/rp-pr/cj-jp/fv-vf/har/part1.html

Federal vs provincial law — Card 180
http://www.itstartsrightnow.ca/federal_vs_provincial

Can paramedics restrain or get you to restrain—————————Card 182
http://www.msdsb.net/images/EMS/policies/G.4.47%20Care%20and%20Transportation%20of%20Emotionally%20Disturbed%20Patients.pdf

What is fundamental justice—————————————Card 184
https://en.m.wikipedia.org/wiki/Fundamental_justice

Assault with a weapon or causing bodily harm———————Card 185
http://laws-lois.justice.gc.ca/eng/acts/C-46/section-267.html

Legal-medical issues of restraining a patient—————————-Card 188
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3789925/

What is a seclusion and how does it work?——————————Card 189
https://www.inmo.ie/MagazineArticle/PrintArticle/7007

What does the US use for Mental Health Act————————Card 190
https://en.m.wikipedia.org/wiki/National_Mental_Health_Act

What does the mental health act say about transfer patient from one Hosptial to another?———Card 192
https://www.ontario.ca/laws/statute/90m07

What does the MHA say about police transfer of custody?———-Card 193
https://www.ontario.ca/laws/statute/90m07

Every patient has a right to know before being treated———-Card 195
http://www.camh.ca/en/hospital/visiting_camh/rights_and_policies/
Pages/Understanding-your-rights.aspx

Rights Advisor————Card 196-198
https://www.sse.gov.on.ca/mohltc/ppao/en/Pages/AboutthePPAO/
RightsAdvice_A.aspx

How many types of psychiatric facilities are there?————Card 199
http://www.health.gov.on.ca/en/common/system/services/psych/designated.aspx#five

Assisting Police and EMS—Card 201
https://en.m.wikipedia.org/wiki/Duty_of_care

Can a person refuse treatment?
————————————Card 203
http://www.camh.ca/en/hospital/visiting_camh/rights_and_policies/Pages/Understanding-your-rights.aspx

List some common Communication skills——————————-Card 204
https://www.cdc.gov/tb/education/skillscourse/day1/communication_skills/day-1-communication-skills-for-building-rapport-during-contact-investigation-interviewing_final.pptx

Man steals and pt chart and sets off fire alarms is guilty of———-Card 206
Sec 340 of the Criminal Code
https://yourlaws.ca/criminal-code-canada/340-destroying-documents-title
And;
Sec 437 of the Criminal Code.
http://laws-lois.justice.gc.ca/eng/acts/C-46/section-437.html

What is good moral character and fitness?————————-Card 206
http://www.ngariss.com/fit-to-be-a-professional-what-is-good-character-and-fitness/

From your nonviolent crisis intervention training list some advanced tactical communication techniques.————————Card 217
http://www.littlethingsmatter.com/blog/2010/11/30/10-verbal-communication-skills-worth-mastering/

Difference between POA and SDM…..when can any of them interfere with nursing or doctors. ——————-
———————————Card 232
https://www.agingcare.com/articles/things-you-can-and-cant-do-with-poa-152673.htm

What is rape and what is defined as consent….male pr allows search but says it was sexual
————————————Card 240
https://www.sexassault.ca/criminalprocess.htm

Where does stress come from———————————-Card 244
https://youtu.be/lsoYk5rioyw

Unlawfull Assembly / Roit
————————————Card 251
https://yourlaws.ca/criminal-code-canada/63-unlawful-assembly

Reading the Riot Act————————————Card 252
https://en.m.wikipedia.org/wiki/Riot_Act

Question 180

List a few provincial laws and federal laws you maybe involved with and what is the difference? Card 180

Answer 180

Canada is a great big country. In fact, it is the second largest country in the world by size (true fact!). However, it is only the 35th largest country by population. Canadians live relatively far away from each other compared to most other nations. This makes governing tricky business.

Why have provinces at all?
Since Canada is so big, there are some pretty big differences in the various regions of Canada. Saskatchewan and Manitoba are more concerned with agriculture policy than fishing policy, which is a major concern in Newfoundland and Labrador. The different regions have different needs and thus need different local laws.

What are the similarities and differences?
Besides what areas of government they get to legislate on, there are very few differences between how the provincial and federal governments operate. Both levels of government require laws to come to their legislatures (the body of elected politicians that create laws) and go through a specific process of voting and study before they become statute (an official law).

The provincial governments are known as unicameral. This means that it only has one body of politicians who are elected by registered voters in a certain area of the province known as a riding to represent them in the provincial legislature.

However, the federal government has a bicameral legislature. This means that it has two houses of Parliament. The lower house is known as the House of Commons and its members are known as Member of Parliament, who are voted to represent a specific area in Canada. The upper house is known as the Senate and its members, known as Senators, are appointed by the Governor-General upon recommendation of the Prime Minister.

Who gets decided to do what?
Having two different levels of government can be confusing. Who gets to make the laws on health-care? Or natural resources? Or on criminal legislation?

In summary, the federal government legislates in areas of national importance, such as:

National postal service
National defence
Criminal law
While the provincial governments legislate in areas of more local significance, such as:

Health care
Highways
Public education

What does this mean to pro-lifers?
One of the most frustrating things to hear from provincial politicians is that any policy that affects abortion is federal jurisdiction. This is simply incorrect. Since abortion is carried out in publicly-funded hospitals across Canada, it is actually under provincial jurisdiction as per Section 92 of the Constitution Act.

Any legislation on the regulation of abortion such as parental consent, waiting periods, or full disclosure must come from provincial legislatures. In fact, there is very little that the federal government can do in regards to abortion, besides to criminalize it in the Criminal Code or restrict it at various stages.

As pro-lifers, it is important to be involved in both federal and provincial politics. There are many things we can do pass live-saving legislation immediately in our home provinces. And we are more than ready to help you elect pro-life provincial politicians to pass some key pieces of pro-life legislation in the future!

** to see pieces of pro-life legislation we propose to pro-life politicians, check out our “pro-life bills” page here.

http://www.itstartsrightnow.ca/federal_vs_provincial

Question 181

Draw the Use of Force Model Step 2

Answer 181

Fill in the responses

• there are 17 items to input
  1. Situation
  2. Assess
  3. Plan
  4. Act
  5. Co-operative
  6. Passive resistant
  7. Active Resistant
  8. Assaultive
  9. Greivious Bodily Harm
  10. Soft physical
  11. Hard Physical
  12. Intermediate Weapons
  13. Communication
  14. Tactical considerations
  15. Physical Control

Question 182

Paramedics can restrain or require your help to restrain under?

Answer 182

This was found in a policy pertaining to Manatoulin Subury EMS Policy.

DEFINITIONS
1) Persons who cannot be transported against their will:
• Means a person who is voluntarily seeking admission to a psychiatric facility.
2) The following persons can be transported against their will, subject to the provisions of the Mental Health Act:
• the subject of an application for assessment by a physician under
subsection 15(1) of the Mental Health Act (Form 1) or
• the subject of an order for examination signed by a Justice of the Peace
under subsection 16(1) of the Mental Health Act (Form 2) or,
• detained in a psychiatric facility under a certificate of involuntary
admission, (Form 3) or a Certificate of Renewal (Form 4)
• remanded by a judge for admission to a psychiatric facility under
subsection 22(1) of the Mental Health Act (Form 8) or,
• Absent Without Leave and is subject of an order for return to a psychiatric
facility under subsection 28(1)(b) of the Mental Health Act (Form 9).
3) Violentorpotentiallyviolentpatient
• Means patients whose behaviour/past history indicates the potential to harm themselves or others.
USE OF ESCORTS
1) ViolentorPotentiallyViolentPatient
• Police assistance will be requested prior to the ambulance transport of violent/potentially violent patients.
2) Patient in Custody/Court or Ontario Review Board Disposition
• An escort (in addition to the paramedic) designated by the Justice of the Peace (JP) or hospital’s officer in charge/delegate is required to maintain the custody of patients in custody or under Court or Ontario Review Board
Disposition during transport.

RESTRAINTS
Paramedics will not restrain patients unless they are assisting at the direct request of a physician, police officer or in the event that an unescorted patient becomes violent enroute.
• Do not attempt to restrain a patient except:
• at the direct request of a physician or police officer; or
• when an unescorted patient becomes violent enroute and poses a
threat to the patient’s own and/or the crew’s safety.
• Should the paramedic be requested to assist in restraining a patient or
restrain an unescorted patient who becomes violent enroute, the extent of the restraint will be determined by the reasonable and minimal use of force required to keep the patient under control, having regard to the physical and mental condition of the patient and the safety of others.
• Where restraints are applied prior to departing the scene, a hospital escort or police officer is required to accompany the patient in the ambulance.
• In all cases where the paramedic crew are involved in the restraint of a
patient (escorted or an unescorted patient who becomes violent enroute), the paramedic crew will advise dispatch and document on the ACR:
• reason for restraint;
• person (physician/police officer or paramedic) ordering restraint;
• method of restraint;
• position of the patient during restraint;
• consequence of restraint.
Note: Refer to the Basic Life Support and Patient Care Manual, Section 8-6, Restraint of Patients Standard and Section 8-9, The Violent, Aggressive or Agitated Patient for specific guidelines in relation to assessing, managing and restraining of patients and Personal and Patient Safety and Protection.

You cannot restrain someone even if requested but if paramedics inform you they are on a form and attempting to elope or assaulting them or someone nearby…yes you can under the

See policy:
http://www.msdsb.net/images/EMS/policies/G.4.47%20Care%20and%20Transportation%20of%20Emotionally%20Disturbed%20Patients.pdf

Question 183

A 6 yr old becomes reckless and out of control…at triage…baby sitters or family gave her red bull for 3 days and the parents cannot handle her…neither can the Rn and they call you for help. How do you handle the situation?

Answer 183

Try not to use handcuffs;
https://www.mississauga.com/news-story/7100135-peel-police-respond-to-reports-of-restraining-6-year-old-with-handcuffs/

Question 184

What is fundamental justice?

Answer 184

In Canadian and New Zealand law, fundamental justice is the fairness underlying the administration of justice and its operation. The principles of fundamental justice are specific legal principles that command “significant societal consensus” as “fundamental to the way in which the legal system ought fairly to operate”, per R v Malmo-Levine.[1] These principles may stipulate basic procedural rights afforded to anyone facing an adjudicative process or procedure that affects fundamental rights and freedoms, and certain substantive standards related to the rule of law that regulate the actions of the state (e.g., the rule against unclear or vague laws). The degree of protection dictated by these standards and procedural rights vary in accordance with the precise context, involving a contextual analysis of the affected person’s interests. In other words, the more a person’s rights or interests are adversely affected, the more procedural or substantive protections must be afforded to that person in order to respect the principles of fundamental justice.[2] A legislative or administrative framework that respects the principles of fundamental justice, as such, must be fundamentally fair to the person affected, but does not necessarily have to strike the “right balance” between individual and societal interests in general.[3]

The term is used in the Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms and also the New Zealand Bill of Rights Act 1990. Fundamental justice, although closely associated with, is not to be confused with the concepts of due process, natural justice, and Wednesbury unreasonableness.

https://en.m.wikipedia.org/wiki/Fundamental_justice

Question 185

What is Assault with a weapon or Causing Bodily Harm - CC 267?

Answer 185

Assault with a weapon or causing bodily harm

267 Every one who, in committing an assault,

(a) carries, uses or threatens to use a weapon or an imitation thereof, or
(b) causes bodily harm to the complainant,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

R.S., 1985, c. C-46, s. 267; 1994, c. 44, s. 17.

http://laws-lois.justice.gc.ca/eng/acts/C-46/section-267.html

Question 186

List a few verbal intervention tips

Answer 186

TIP 1
BE EMPATHIC AND NONJUDGMENTAL.
When someone says or does something you perceive as weird or irrational, try not to judge or discount their feelings. Whether or not you think those feelings are justi ed, they’re real to the other person. Pay attention
to them.
Keep in mind that whatever the person is going through, it may be the most important thing in their life at the moment.
TIP 2
RESPECT PERSONAL SPACE.
If possible, stand 1.5 to three feet away from a person who’s escalating. Allowing personal space tends to decrease a person’s anxiety and can help you prevent acting-out behavior.
If you must enter someone’s personal space to provide care, explain your actions so the person feels less confused and frightened.

TIP 3
USE NONTHREATENING NONVERBALS.
The more a person loses control, the less they hear your words—and the more they react to your nonverbal communication. Be mindful of
your gestures, facial expressions, movements, and tone of voice.
Keeping your tone and body language neutral will go a long way toward defusing a situation.
TIP 4
AVOID OVERREACTING.
Remain calm, rational, and professional. While you can’t control the person’s behavior, how you respond to their behavior will have a direct effect on whether the situation escalates or defuses.
Positive thoughts like “I can handle this” and “I know what to do” will help you maintain your own rationality and calm
the person down.

TIP 5
FOCUS ON FEELINGS.
Facts are important, but how a person feels is the heart of the matter. Yet some people have trouble identifying how they feel about what’s happening
to them.
Watch and listen carefully for the person’s real message.
Try saying something like “That must be scary.” Supportive words like these will let the person know that you understand what’s happening—and you may get a positive response.
TIP 6
IGNORE CHALLENGING QUESTIONS.
Answering challenging questions
often results in a power struggle. When a person challenges your authority, redirect their attention to the issue
at hand.
Ignore the challenge, but not the person. Bring their focus back to how you can work together to solve
the problem.

TIP 7
SET LIMITS.
If a person’s behavior is belligerent, defensive, or disruptive, give them clear, simple, and enforceable limits. Offer concise and respectful choices and consequences.
A person who’s upset may not be able to focus on everything you say. Be clear, speak simply, and o er the positive choice rst.
TIP 8
CHOOSE WISELY WHAT YOU INSIST UPON.
It’s important to be thoughtful in deciding which rules are negotiable and which are not. For example, if a person doesn’t want to shower in the morning, can you allow them to choose the time of day that feels best for them?
If you can o er a person options and exibility, you may be able to avoid unnecessary altercations.

TIP 9
ALLOW SILENCE FOR REFLECTION.
We’ve all experienced awkward silences. While it may seem counterintuitive to
let moments of silence occur, sometimes it’s the best choice. It can give a person
a chance to re ect on what’s happening, and how he or she needs to proceed.
Believe it or not, silence can be a powerful communication tool.
TIP 10
ALLOW TIME FOR DECISIONS.
When a person is upset, they may not be able to think clearly. Give them a few moments to think through what you’ve said.
A person’s stress rises when they feel rushed. Allowing time brings calm.

http://jpschools.org/wp-content/uploads/2013/01/Nonviolent-Crisis-Intervention-pdf.pdf

Question 187

Look up “FTO field training officer”.

Answer 187

?????

Question 188

Legal-Medical issues of restraining a patient Consent and implied consent for treatment, informed consent, law presumes consent in a emergency, fiduciary responsibility, restraint for convenience, physicians duty to warn, duty to protect.

Answer 188

Medical-legal Issues in the Agitated Patient: Cases and Caveats
Jessica Thomas, MD and Gregory Moore, MD, JD

Additional article information

INTRODUCTION
More than any other area of emergency medicine, legal issues are paramount when caring for an agitated patient. It is imperative to have a clear understanding of these issues to avoid exposure to liability. These medico-legal issues can arise at the onset, during, and at discharge of care and create several duties. At the initiation of care, the doctor has a duty to evaluate for competence and the patient’s ability to consent. Once care has begun, patients may require restraint if they become combative or violent. If restraints are placed, the physician has a duty to protect the patient and should fill out all appropriate paperwork as they have decided to take away the patient’s liberty. Use of restraints may precipitate issues of battery and false imprisonment. Finally, prior to discharge, the physician has a duty to determine if there have been any direct threats made regarding a third party and if there is a duty to warn. These medico-legal issues will be illustrated using actual court cases. The purpose of this paper is to educate practicing emergency physicians (EP) on high-risk legal issues concerning the agitated patient, so that liability can be avoided.

METHODS
The authors with a combined 15 years of medico-legal experience developed a focused list of topics and concerns with regards to liability concerning the agitated patient. For the purposes of this paper, an agitated patient was one considered to be violent, delirious, or presenting with a psychiatric emergency. Cases that applied to these topics were then individually and randomly selected. For each topic, an attempt was made to identify both a classic/defining legal case followed by a more current example.

Consent/Competence/Restraint
Before undesired medical care can be undertaken, the EP must first understand the components and requirements of informed consent. Traditionally, patients have the right to determine if and when they want medical care and what care they desire.1,2 Patients enter into contractual obligations with physicians by granting permission for medical care and treatment. This is referred to as consent for treatment. An analysis of what constitutes consent and the related topic of competence is helpful in determining what care should be provided to the agitated patient in the emergency department (ED) (Figure 1).3

Figure 1.
Figure 1.
Definition of informed consent.6
Consent is defined as a voluntary agreement by a person in the possession and exercise of sufficient mental capacity to make an intelligent choice to do something proposed by another.4 Consent is generally considered as either implied or expressed. Implied consent is defined as the signs, actions, facts, or inaction that raises the presumption of voluntary agreement. Thus, a patient presenting to an ED for assistance by himself or via another concerned person or agency, would generally be considered as providing implied consent. 4 The exception would be if the patient is competent and refusing. Another specific example would be when a patient holds his arm out for a blood sample draw. The action, without words, implies consent. Expressed consent is when the patient, in verbal or written form, gives consent for a procedure. If consent is given verbally, it is optimal for the provider to document this on the chart. As the severity and importance of the decision increases, the provider should consider written rather than verbal consent. Usually, whether to use verbal versus written consent is a personal practice decision of the provider.

Individuals are entitled to make decisions about their healthcare if they are deemed competent. Competency is defined as the capacity of a person to act on his/her own behalf; the ability to understand information presented, to appreciate the consequences of acting–or not acting–on that information, and to make a choice.4 Seven criteria must be met in order to obtain informed consent (Figure 1). Adults are presumed competent to grant consent for proposed medical treatment. An incompetent adult patient who is incapacitated by physical or mental illness and is unable to understand the nature and consequences of his or her actions cannot give valid consent to proposed treatment. In the case of an incapacitated adult, consent must be obtained from someone who is authorized to consent. This may be someone that the patient requested when competent through a “durable power of attorney,” or if a court has decided the patient is incompetent, the patient’s court-appointed guardian must authorize treatment. If a physician has determined that a patient is incapable of comprehending the nature and consequences of his or her conduct but the patient has not been judged incompetent, most courts will accept the consent of the patient’s next of kin. It is wise to document that the family desired and approved the proposed treatment. This “substituted consent” is not ideal because each individual is considered the true authority on deciding his or her care.1,2,4

The law usually presumes patient consent in an emergency. Courts have supported EP actions, without consent, when the purpose was to preserve the patient’s life or health.2,5 Courts assume that a reasonable, competent adult would want to be healthy. Specifically in the case of an agitated patient, the EP can safely assume that the act of presenting to the ED is at least an implied consent for evaluation and treatment. The EP should quickly decide if the patient is competent. If competent, the patient must give express consent before proceeding, but otherwise the physician is at liberty to provide care. Documentation of factors that led to the decision on competence is imperative, and supportive documentation of coworkers present is optimal. For example, having another present physician state on the chart “I agree,” will be extremely supportive if legal action is taken later by the patient. If time permits, an actual court order is ideal. If the family is present, explaining the need for action, and documenting their support is essential. The more life-threatening the emergency, the more the physician should be willing to proceed with the plan of care. If competency is not able to be determined, it is best to err on the side of treatment and safety. Battery and false imprisonment are much easier to defend than passive negligence. In these situations, it is imperative to document that (1) an emergency existed, (2) there was an inability to get consent, and (3) the treatment was for the patient’s benefit.1

A classic case that illustrates the court’s analysis of consent and capacity is Craig L. Miller v. Rhode Island Hospital et al. 7 The patient, Miller, drank several alcoholic beverages and then was involved in a serious motor vehicle accident. Miller was transported to Rhode Island Hospital where his blood alcohol level was found to be 0.233. He complained of pain in his head, eyes, back, and ribs, as well as blurry vision because of the blood in his eyes. Because of his level of intoxication and the nature of Miller’s accident, “physicians decided to perform a diagnostic peritoneal lavage. (At that time, a standard procedure under conditions concerning for internal bleeding.)”8 After discussion of the procedure with the patient, Miller refused. However, it was determined that he was not competent to make this decision based on his level of intoxication. He was physically restrained and the procedure was performed anyway. The patient later brought suit for battery.7

The Supreme Court of Rhode Island held that medical competency was the relevant standard for physicians to judge conscious patients in these circumstances (ie, whether the patient is able to reasonably understand the medical condition and the nature of any proposed medical procedure, including the risks, benefits, and available alternatives). In this case, the court decided in favor of the defendant hospital. The court concluded, “A patient’s intoxication may have the propensity to impair the patient’s ability to give informed consent.” 7

Another landmark case that further illustrates this issue was Youngberg v. Romeo.9 Romeo was a mentally retarded patient. Until the age of 26, he lived with his parents, but after his father died his mother was not able to care for him or control his violent behavior. She requested that he be permanently admitted to a Pennsylvania institution. While committed, he suffered several injuries, both from his own violence and the reactions of other residents. On multiple occasions he was physically restrained against his wishes. His mother became concerned with these injuries and objected to his treatment on several occasions before filing suit against the institution, claiming that the patient had constitutional rights to safe conditions of confinement, freedom from bodily restraint, and training and development of needed skills. She felt the institution knew, or should have known, about his injuries, but failed to take appropriate preventive procedures.9

In Romeo, the Supreme Court of the United States supported involuntarily restraining a patient for safety reasons. The court has given great respect and latitude to physicians regarding violent patients, stating, “We have established that the patient retains liberty interests in safety and freedom from bodily restraint. Yet these interests are not absolute, there are occasions in which it is necessary for the state to restrain the movement of residents – for example, to protect them as well as others from violence.”9 The Model Penal Code allows “an exception from the assault statute for physicians… who act in good faith in accordance with the accepted medical therapy.”10

Duty to Protect
Realize, when you deprive someone of his/her freedom, you assume a “fiduciary responsibility.” A fiduciary is similar to a parent, guardian, or prison. It is a relationship of responsibility for the health and welfare of someone else. The importance of liability and responsibility for monitoring a patient after he has been restrained was illustrated in the case Estate of Doe v. ABC Ambulance.11 A 32-year-old schizophrenic threatened to kill his psychologist and was taken to the ED. When informed that he was going to be involuntarily admitted, he became violent. The patient was physically restrained in 4-point restraints, chemically sedated, attached to a gurney on a backboard, and turned upside down. A towel was then placed over his mouth to prevent spitting and a sheet was laid over him to decrease outside stimulus. His complaints of inability to breathe were ignored. When being transferred later to the psychiatric ward, it was noticed that one of his protruding hands was blue. The patient was uncovered and found to be in cardiopulmonary arrest from which he did not recover. His estate was awarded $2 million.

A similar event occurred in Larry Gazda v. Pima County.12 Wendy Gazda was a 32-year-old patient who died of restraint asphyxia while being held facedown by up to 5 mental-health technicians and security guards in a struggle that lasted 15 to 30 minutes. She ended up with her face in a pillow that had been placed on the floor to protect her head. She was turned over after she became still and somebody noticed her hand had turned blue. Her father argued that his daughter was “negligently, unreasonably and violently restrained” by untrained and poorly supervised staff. After the death, state and federal investigations uncovered numerous deficiencies in the hospital’s training and staffing, as well as in its policies and procedures. The hospital settled for $105,000.12 These cases illustrate the lethal risks when restraints are used and the importance of ensuring safe administration.

Every provider or hospital should have a systematic approach to the safe restraint of patients. The American College of Emergency Physicians has proposed a model policy on the use of patient restraints (Figure 2). The Joint Commission has published an extensive guideline on requirements for the use of restraints. It can be seen at crisis prevention website.29 It would be optimal for all ED providers to be familiar and comply with this document.

Figure 2.
Figure 2.
American College of Emergency Physicians policy statement: use of patient restraints.27
Battery
Battery is the intentional infliction of a harmful or offensive bodily contact. (See Figure 3 for complete definition.) One does not have to be hurt but merely suffer damage to one’s dignity.13 Courts are very protective of the “sanctity of person,” “bodily integrity,” and “personal autonomy” as a fundamental personal right.14 To be “intentional” simply implies that the actor wanted to do the action, regardless of whether the intent was to help the patient. A physician must never physically invade or touch a competent patient without his/her consent, or the physician may be liable for battery. Recoverable damages can be “general,” such as compensation for the harm done, and “special,” such as compensation for medical charges, lost wages, and other expenses. These may not be covered by standard medical malpractice insurance.

Figure 3.
Figure 3.
Definition of battery.
A defining case of battery was Pugsley v. Privette in which a 44-year-old woman agreed to undergo an elective exploratory laparotomy to identify the etiology of vaginal bleeding.15 As this was not an emergent case, the patient signed a standard consent form prior to the surgery. However, the patient repeatedly requested to have her general surgeon present alongside the gynecologist. Although the chief of surgery initially agreed to be present, at the start of the patient’s surgery he was unable to be found and the patient reiterated that she did not want to continue with the operation under those circumstances. Despite her requests, the patient was anesthetized and a bilateral oophorectomy was performed. During the procedure, her ureter was damaged and the patient underwent a protracted postoperative course. The patient sued for medical malpractice and battery. The physicians were not found liable for malpractice as ureteral injury is a known and recognized complication, but the patient was awarded $75,000 in damages for battery.15

This relates to an agitated patient as well. If a physician restrains a competent patient for convenience without clear indication for physical contact, they can still be liable for battery.

False Imprisonment
False imprisonment is the intentional infliction of a confinement. It represents confinement and deprivation of personal liberty, for any length of time, without consent.16 (See Figure 4 for complete definition.) Physical restraints do not need to be placed on a patient to be considered false imprisonment. Just the threat of physical harm, such as a large security guard posted at the patient’s doorway, is still considered withholding the patient’s right to leave. Damages may be awarded, even in the absence of physical harm, for inconvenience, mental suffering, and humiliation. These may not be covered by standard malpractice insurance policies.

Figure 4.
Figure 4.
Definition of false imprisonment.16
A patient must be deemed incompetent and a danger to himself or someone else before his rights may be taken away and the patient placed in restraints and kept in the hospital against his wishes. If a patient does not wish to stay but has not been deemed incapable of making this decision, the hospital and its staff can be held accountable for false imprisonment. A classic case is Barker v. Netcare Corp.17 Janice Barker presented to Netcare for mental evaluation after reportedly being raped the week before. On arrival the patient was distraught and agitated. The psychiatrist on call was contacted and ordered Lithium and Lorazepam to calm the patient. These did not seem to affect the patient and she was overheard making vague statements about being “put out of her misery.” The social worker interviewed the patient and felt she should be a voluntary holdover to stay until a psychiatrist could formally evaluate her in the morning. Barker initially agreed but later left the hospital for a short amount of time. On her return, the patient was offered a shower and was heard banging her head against the wall while in the bathroom. Barker was offered the choice to stay in the hospital or be discharged home with her husband. However, Barker was unable to reach him and became more agitated. The patient again left the hospital, but this time was brought back by campus police as hospital employees were concerned about her mental state due to banging her head against the wall, inability to reach her husband, and the patient only wearing a hospital gown while outside. On return, Barker was placed in physical restraints, as she was now significantly more argumentative, although by nursing report, not combative. Barker was also restrained chemically with Benztropine and Haloperidol. Despite restraints being placed, the hospital failed to commence emergency involuntary commitment proceedings in accordance with Ohio law. Later, Barker brought suit for false imprisonment. The jury found that staff had intentionally restrained or confined Barker without lawful privilege and without consent. The jury found that medical staff acted with insult and actual malice and awarded Barker $150,000 in damages.17 This case demonstrates that even if the staff feels they are doing what is best for the patient, if the proper protocols are not followed, it is still considered false imprisonment.

Another case where the hospital had good intentions but did not follow proper protocol is Heath v. Peachtree Parkwood Hospital, Inc.18 A woman was held in a psychiatric facility for 3 days without her consent. As in the previous case, no papers for involuntary commitment were completed. After this period, an evaluation determined her to be a danger, and involuntary commitment papers were completed. She successfully sued the physicians and hospital that cared for her during the initial 3 days but absolved the later treating physicians.18 Both cases emphasize the importance of proper statutory documentation.

Every state has a law defining the procedure for holding patients against their will, and the EP should become familiar with the state’s statutes in which he or she practices. In the preceding cases, it is clear that if physicians comply with the state law and procedural paperwork they will be given great latitude in holding someone for a period of time to further evaluate and assess the danger. The EP must immediately document and fill out appropriate forms when restraining or involuntarily committing a violent patient.

Duty to Warn
An expectation of confidentiality between physician and patient is an essential component of the therapeutic relationship. This duty to maintain confidentiality enables the sharing of personal and sensitive patient information in order to best serve the patient. The landmark case of Tarasoff v. Regents of University of California established a new duty for a physician to warn a third party regardless of this duty to confidentiality by concluding that the “protective privilege ends where the public peril begins.” 19

In Tarasoff v. Regents of University of California, the parents of Tatiana Tarasoff argued to the California Supreme Court that their daughter’s death occurred after the defendants negligently failed to warn them that the killer had confided his intention to kill Tatiana to his treating psychologist, Dr. Lawrence Moore. Campus police, on the request of Dr. Moore, had briefly detained Prosenjit Poddar, after Poddar confided his intention to kill Tatiana Tarasoff. Neither the victim nor her parents were made aware of Poddar’s intention before he subsequently killed her. The plaintiffs alleged that the defendant therapist did in fact predict that Poddar would kill and that harm to a third party was foreseeable. The court found that therapists not only had a duty to their patients, but also a duty to warn a third party of foreseeable violence.19 This was the first case where the courts deemed third-party safety superseded patient confidentiality. As can be seen from this case, the physician cannot just inform security forces or the police; the intended third party must be warned to the best effort of the physician for the physician to have met this duty.

Actions are considered foreseeable when a specific person(s) is named as the target. When the patient states a wish to “blow up the postal service,” there is no specific target, therefore, no duty to warn. The California Supreme Court upheld that “in the absence of a readily identifiable foreseeable victim, there is no duty to warn.” The existence of an identifiable group of potential victims is insufficient to create a duty to warn.20

The physician’s duty to warn has been supported in other states since the Tarasoff case, as in Dorothy McGrath et al v. Barnes Hospital et al.21 In this Missouri court case, a paranoid schizophrenic being treated in an inpatient setting admitted several times to having thoughts of stabbing his mother with a kitchen knife. Reportedly, he had made this statement many times in the past and so no attempt was made to warn his parents prior to release from the inpatient care setting. The night that he was released to the care of his parents he stabbed both of them, killing his father and severely injuring his mother. The hospital was sued successfully by the patient’s surviving mother for failure to warn, despite a defense that the family was already aware of this risk of violence given his long history of mental illness. The court awarded $2 million.

In general, clinicians should exercise their duty to warn and protect when 3 elements are met. First, a clearly identifiable person or group is at risk. Second, risk of harm includes severe bodily injury, death, or psychological harm. Third, the danger is imminent and creates a sense of urgency.22

Later in California, the court further developed the Tarasoff ruling in Ewing v. Goldstein to include acting on third-party information that indicates a possible threat. The parents of a patient informed his psychiatrist that their son planned on killing his ex-girlfriend’s new boyfriend. The psychiatrist did have the patient admitted to a psychiatric hospital but did not warn the intended victim. On the patient’s release, he killed the new boyfriend and then committed suicide. The court ruled that the psychiatrist had a duty to warn because he had information about a foreseeable event.23,24

The Duty to Warn mandate is determined on a state-by-state basis; it is not a national or federal law. While many states have ruled similarly to California it is not universal, and clinicians should be familiar with the law in their jurisdictions. However, it is very easy, no matter which state you live in, to notify all parties involved and not worry about your state’s law. It is very unlikely that a court would rule against a physician who intentionally violates HIPAA in order to protect another person. The table demonstrates the various Duty to Warn state policies as of early 2011.

DISCUSSION
It is clear that inattention to key legal concepts when caring for an agitated patient may lead to significant liability and personal financial risk. First, a physician must determine a patient’s ability to give (or refuse) consent for treatment [competence/consent]. Second, if a patient’s liberty has been taken away, it is the physician’s responsibility to ensure the patient’s health and safety [duty to protect]. Third, no one should touch or hold a patient against his will except in the case of an emergency and the proper paperwork has been filled out [battery/false imprisonment]. Last, if direct threats have been made during the patient’s encounter the physician has a responsibility to inform the third party of possible danger [duty to warn].

LIMITATIONS
Cases were individually selected at random by the authors if they directly applied to this focused topic. An extensive search using a legal engine was not done, and there may be other relevant cases. The goal of our study was to briefly educate and illustrate a selected medical legal issue in emergency medicine using a limited number of classic and current cases.

CONCLUSION
In caring for an agitated patient in emergency medicine, multiple areas of medico-legal risk arise, including competence/consent, duty to protect, battery/false imprisonment, and duty to warn. As compared to the standard practice of the specialty, these topics, intuitively, occur more frequently. This paper has demonstrated that multiple court cases support the conclusion that it behooves the practicing emergency physician to be familiar with these concepts in order to avoid liability.

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3789925/

Question 189

What is seclusion and how does that work?

Answer 189

Seclusion
The Act also provides that the Mental Health Commission shall make rules in relation to the use of seclusion. Seclusion is defined as: ‘the placing or leaving of a person in any room alone, at any time, day or night, with the exit door locked or fastened or held in such a way as to prevent the person from leaving’. However, a patient locked in his or her bedroom at night in the National Forensic Service (Central Mental Hospital) as part of his or her individual risk assessment and management plan for the purposes of enhanced security, does not constitute seclusion under these rules.
Seclusion must be authorised in writing by a registered medical practitioner following consultation with the consultant psychiatrist responsible for the care and treatment of the patient, or the duty consultant psychiatrist.
In addition to recording the matter in the clinical file, the seclusion register must be completed by the registered medical practitioner and the consultant psychiatrist responsible for the care and treatment of the patient or the duty consultant psychiatrist, as soon as is practicable, and in any event within 24 hours.
A seclusion order shall remain in force for a maximum period of eight hours from the time of its making and then shall expire. The authorisation to seclude must only be made following an examination of the patient concerned by the registered medical practitioner, where such an examination is practicable. A record of the examination must be entered into the patient’s clinical
file. In an emergency situation the following rules apply:
a. Seclusion may in addition be initiated by a registered nurse or care officer (National Forensic Service)
b. If a registered nurse or care officer (National Forensic Service) initiates seclusion, a registered medical practitioner must be notified immediately of the initiation of seclusion
c. The relevant sections of the seclusion register relating to the details surrounding seclusion must be completed by the registered medical practitioner, registered nurse or care officer (National Forensic Service) who initiated the seclusion as soon as is practicable, and no later than three hours after the commencement of seclusion, a registered medical practitioner under the supervision of the consultant psychiatrist responsible for the care and treatment of the patient or the duty consultant psychiatrist, must authorise seclusion in writing.

https://www.inmo.ie/MagazineArticle/PrintArticle/7007

Question 190

Does the US have a mental health act?

Answer 190

The National Mental Health Act

Question 191

List the sections of the Mental Health Act that pertain to you.

Answer 191

?????

Question 192

What does the mental health act say about transfer of patients from 1 Hosptial to another?

Answer 192

Transfer of patients from one facility to another
29 (1) Upon the advice of the attending physician, the officer in charge of a psychiatric facility may, if otherwise permitted by law and subject to arrangements being made with the officer in charge of another psychiatric facility, transfer a patient to such other psychiatric facility upon completing a memorandum of transfer in the approved form. R.S.O. 1990, c. M.7, s. 29 (1); 2000, c. 9, s. 11.

https://www.ontario.ca/laws/statute/90m07

Question 193

What does the MHA say about Police Officer passing staying with a patient who tries to push on the duties of securing the psychiatric patient, to Security?

Answer 193

Mental Health Act
Duty to remain and retain custody
33 A police officer or other person who takes a person in custody to a psychiatric facility shall remain at the facility and retain custody of the person until the facility takes custody of him or her in the prescribed manner. 2000, c. 9, s. 14.

https://www.ontario.ca/laws/statute/90m07

Question 194

What is the primary duty or mission of the Patient Advocate or Rights Advisor?

Answer 194

Mission, Vision and Values

Mission
We protect and promote the rights and entitlements of Ontarians with mental illness through advocacy, rights advice and education.

Vision
We envision a society where the rights of all individuals regardless of mental illness or disability are respected, protected and realized.

https://www.sse.gov.on.ca/mohltc/ppao/en/Pages/AboutthePPAO/MissionandValues.aspx?openMenu=smenu_AboutthePPAO

Question 195

Before being treated by a psy doctor he must….?

Answer 195

All people have the right to get information from their doctor before consenting to treatment. That information should include:
the nature of the treatment
expected benefits of the treatment
important risks of the treatment
important side-effects of the treatment
other approaches that could be taken and
what will probably happen if you don’t have the treatment.

http://www.camh.ca/en/hospital/visiting_camh/rights_and_policies/Pages/Understanding-your-rights.aspx

Question 196

When is a Rights Advisor required?

Answer 196

Rights advice is mandatory in eight situations:

a physician’s decision that the patient’s status must change to involuntary;
a physician’s decision that the patient’s involuntary status must continue;
a physician’s decision that the patient is incapable to manage his/her property, including finances;
a physician’s decision that the patient’s incapacity to manage his/her property must continue;
a physician’s decision that the patient is incapable to consent to treatment for a mental disorder in circumstances set out in the Regulations under the Act;
a determination that the patient is incapable of consenting to the collection, use or disclosure of personal health information in the circumstances set out in the Regulations under the Act;
when a twelve to fifteen year old is admitted to a psychiatric facility as an informal patient, and every three months thereafter;
before issuing or renewing a Community Treatment Order (CTO), a physician must be satisfied that the person who will be subject to the CTO, and his/her substitute decision-maker (SDM), if any, have consulted with a Rights Adviser and have been advised of their legal rights.

Question 197

What is the process of the Rights Advisor?

Answer 197

Process of Rights Advice
When any of the above described rights advice situations occurs, the physician is required under the law to notify the rights adviser. The rights adviser is required, in turn, to promptly meet with the patient, except in the case of CTOs where the rights adviser is not required to meet but simply to ‘provide’ rights advice. The rights adviser must explain to the patient the significance of the situation. The rights adviser discusses the options available to the patient, including his/her right to have the situation reviewed by the Consent and Capacity Board, if he/she disagrees with the physician’s decision.

If the patient wishes to have a hearing before the Consent and Capacity Board, the rights adviser assists the patient to make the application, to obtain legal counsel if so requested, and to apply for Legal Aid if so requested.

The rights adviser provides information to patients in a neutral, non-judgmental manner. The rights adviser must not make decisions for patients but assists them in carrying out their decisions.

https://www.sse.gov.on.ca/mohltc/ppao/en/Pages/AboutthePPAO/RightsAdvice_A.aspx

Question 198

What does a Rights Advisor have to know and be able to do?

Answer 198

Qualifications of a Rights Adviser (MHA Reg. 741)
Only persons who meet the following requirements may be designated to perform the functions of a rights adviser under the Act whether in a psychiatric facility or with respect to a person who is being considered for the issuance or renewal of a community treatment order:

The person must be knowledgeable about the rights to apply to the Board provided under the Act, the Health Care Consent Act, 1996 and the Personal Health Information Protection Act, 2004.
The person must be knowledgeable about the workings of the Board, how to contact the Board and how to make applications to the Board.
The person must be knowledgeable about how to obtain legal services.
The person must have the communications skills necessary to perform effectively the functions of a rights adviser under the Act.
The person must have successfully completed a training course for rights advisers approved by the Minister and have been certified as having completed such a course. O. Reg. 616/00, s. 11; O. Reg. 331/04, s. 5.

https://www.sse.gov.on.ca/mohltc/ppao/en/Pages/AboutthePPAO/RightsAdvice_A.aspx

Question 199

What types of psychiatric facility are there?

Answer 199

There are 6 types of psychiatric facilities in Ontario

Designated Psychiatric Facilities under the Mental Health Act

Schedule 1 - designated facilities
Schedule 2 - exempt from the requirement to provide in-patient services
Schedule 3 - exempt from the requirement to provide out-patient services
Schedule 4 - exempt from the requirement to provide day care services
Schedule 5 - exempt from the requirement to provide emergency services
Schedule 6 - exempt from the requirement to provide consultative and educational services to local agencies

http://www.health.gov.on.ca/en/common/system/services/psych/designated.aspx#five

Question 200

What does the term “statue of limitations” mean?

Someone says, “you cannot be charged because the statue of limitations says

the crime was not reported before 10yrs”.

Answer 200

Canada[edit]

For crimes other than summary conviction offences, there is no statute of limitations in Canadian criminal law and warrants have remained outstanding for more than 20 years.[27]

For indictable (serious) offences such as major theft, murder, kidnapping or sexual assault, a defendant can be charged at any future date;[28] In sexual abuse cases in particular, men and women have been charged and convicted up to 5 decades after the abuse had been committed.[29] [30]

Civil law limitations vary by province,[31] with Ontario introducing the Limitations Act, 2002 on January 1, 2004.[32]

https://en.wikipedia.org/wiki/Statute_of_limitations#Canada

Question 201

SITUATION #2: A man comes into ER and upon discharge, begins to urinate in a common area. Staff see this and give warning that this was not appropriate. He continues to urinate until Security arrives. What can be done and what charges could he be facing?

Answer 201

ANSWER: This person can be charged with a bylaw of Public Urination…but if done infront of someone could be charged with Indecent Act or Indecent Exposure.

Indecent Act: 173 (1) Everyone who wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person,

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years; or
(b) is guilty of an offence punishable on summary conviction.

Indecent Exposure: (2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years and to a minimum punishment of imprisonment for a term of 90 days; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months and to a minimum punishment of imprisonment for a term of 30 days.

Question 202

A mother comes to ER and informs that her son is in the car and she has a form#2. She asks if Security can help removing him to ER. What can you do?

Answer 202

Form #2 is A Form 2 is an “Order for Examination” under the Mental Health Act of Ontario, signed by the Justice of the Peace. It is an order for an assessment by a doctor. A Form 2 is based on sworn statements from a family member or someone who closely knows your loved one.

You have no authority to remove that person or assist that person other than advise the Site Admin, or the Cn of ER and they will ask that you have that family member to advise the Police or COAST to respond.

Question 203

What is the Health Protection and Promotion Act?

Answer 203

It is the act that promotes ????? and wearing a mask in closed public spaces.

Question 204

What is the Emergency Management and Civil Protection Act (EMCPA)?

Answer 204

It is the act in which the police or bylaw can issue ticket specifically

7.0.2 for not complying with Covid safety issues or wearing or being in close

proximity to eachother.