Test #1 Flashcards
1
Q
What is arrest?
A
Arrest means to legally deprive an individual of their liberty by physically detaining them, with or without their consent
2
Q
Where does a police officers authority to arrest without a warrant for a criminal act come from?
A
Section 495, of the criminal code
3
Q
What is 495 (1)
A
A peace [police] officer may arrest without a warrant
4
Q
What is 495 (1) (a)
A
A person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence
5
Q
What is 495 (1) (b)
A
A person whom he finds committing a criminal offence
6
Q
What is 495 (1) (c)
A
A person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal… is in force within the territorial jurisdiction in which the person is found
7
Q
What is the purpose of section 495 (2)
A
This section specifically prohibits peace officers from making an arrest under specific circumstances
8
Q
What is section 495 (2)
A
A peace officer shall not arrest a person without a warrant for:
9
Q
What is S 495 (2) (a)
A
An indictable offence mentioned in section 553
10
Q
What is S 495 (2) (b)
A
An offence for which the person may be prosecuted by indictment or for which he is punishable in summary conviction or
11
Q
What is S 495 (2) (c)
A
An offence punishable on summary conviction, in any case where
12
Q
What is S 495 (2) (d)
A
He believes on reasonable grounds that the public interest, having regards to all the circumstances including the need to
13
Q
What is S 495 (2) (d) (I)
A
He believes on reasonable grounds that the public interest, having regards to all the circumstances including the need to
I) establish the identity of the person
14
Q
What is S 495 (2) (d) (ii)
A
He believes on reasonable grounds that the public interest, having regards to all the circumstances including the need to
ii) secure or preserve evidence of or relating to the offence, or
15
Q
What is S 495 (2) (d) (iii)
A
He believes on reasonable grounds that the public interest, having regards to all the circumstances including the need to
iii) prevent the continuation or repetition of the offence or the commission of another offence,
16
Q
What is S 495 (2) (e)
A
He has no reasonable grounds to believe that, if he does not arrest the person, the person will fail to attend court in order to be dealt with according to law
17
Q
What are the 3 stage process of criminal proceedings?
A
- charge laid
- compel appearance
- trial (court appearance)
18
Q
What are the 3 steps involved in laying a charge?
A
- completing the “information” criminal code form 2
- ex parte hearing
- oath
19
Q
What is an Information?
A
CC Form 2
- laying an Information results in a person being “charged”
20
Q
What section of the CC deals with the issue of P-RICE
A
S 495 (2)
21
Q
TRUE OR FALSE Investigative detention requires a police officer to be able to connect a person with a crime
A
true
22
Q
TRUE OR FALSE Police are not required to read rights to counsel when detaining for investigative purposes TRUE OR FALSE
A
false
23
Q
Arrest and investigative detention are types of:
A
custody
24
Q
The legal “form” used to officially charge a person is known as:
A
an Information
25
TRUE OR FALSE If P-RICE is fulfilled, a police officer may release the offender using a Form 9 or Form 6
True
26
What is the document that charges a person
Form 2-Information
27
What is the name given to the meeting that occurs between the informant and the JP?
Ex Parte
28
What legal term means “By or for one party” or “by one side (of an argument)?”
Ex Parte
29
TRUE OR FALSE Being stopped for a traffic violation is by legal definition, a type of “detention”
True
30
A ___ is given to someone who is NOT yet charged with a crime but soon will be. It forces them to appear in court
Appearance notice
31
An appearance notice is also known as:
CC Form 9
32
TRUE OR FALSE Police are NOT allowed to release a person charged with a straight indictable offence not listen in s 553 CC
True
33
When do “Criminal Proceedings” begin?
when the accused is charged
34
TRUE OR FALSE 2 or more people can be charged using the same CC Form 2- Information TRUE OR FALSE
False
35
Name the 4 steps for an appearance notice (Form 9)
1) Offence committed
2) Appearance notice issued
3) Information (Charge) laid
4) Trial
36
Name the 4 steps for a summons (Form 6)
1) Offence committed
2) Information (charge) laid
3) Summons served
4) Trial
37
A criminal proceeding starts with ____ and ends with ___
starts when charge(s) laid, and ends with the conclusion of criminal proceedings
38
What does P-RICE stand for?
```
P-public interest
R-repetition
I-identity
C-court
E-evidence
```
39
Section 7
the right to life, liberty, and security
40
Section 8
the right to be secure against unreasonable search
41
Section 9
the right not to be arbitrarily detained or imprisoned
42
Section 10
the right upon arrest to be advised of the reason for the arrest
43
Section 11
right to be informed of the specific offence
44
Section 12
right not to be subjected to cruel and unusual punishment
45
Common law
based on past decisions+practices. Must be able to evolve, and remain both relevant+responsive to societal needs
46
What are the facts in issue?
time, date, location, identity of accused, mens Rea, and acts Rea
47
Listen the 5 parts of the RDM
1. Offence recognition
2. Classify the offence
3. Classify the belief
4. Identify the custody authority (if any)
5. Search authority
48
What does the Rapid Decision Making Model help you do?
Helps officers decide whether to arrest or detain someone for a criminal offence
49
What is the constitution?
supreme law of Canada, its the highest of land
| - April 17th 1982
50
Federal Government exclusive Powers (The 3Cs"
- creation of criminal law
- changes of criminal law
- cancellation or repeal of criminal laws
51
Section 13
A witness who testifies in a legal matter, has the right to not have any evidence that may be incriminating in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence
52
Section 14
A party or witness in any proceedings who doesn’t understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter
53
Section 24
This section permits a person whose rights have been infringed to apply to a “court of competent jurisdiction” for “such remedy as the court considers appropriate and just in the circumstances”
54
What is S 7-14 composed of?
Legal rights
55
What is S 1 composed of?
just an important reminder that constitutional rights are not absolute
56
What is S 24 composed of?
Just a remedy
57
Investigative Detention
A situation where RG to arrest doesn’t exist, but police may detain the person to determine whether he/she is involved in a crime under investigation
58
What is investigative detention recognized as of 1993?
form of custody different from arrest
- authorized by common law/judges ruling
- not the CC, judge made it
59
What are the common law duties of police? (3 P's)
1) Preserve Peace
2) Protect Life & Property
3) Prevent Crime
60
R v Grant outcome
SCC ruled that detention can be physical or psychological in nature
61
R v Suberu outcome
Police MUST inform people of RTC immediately (“without delay”) upon arrest or detention
62
R v Harrison outcome
Flagrant Charter violations by police/LE will be dealt with harshly by the courts
63
R v Mann outcome
SCC made investigative detention detention a legal reality in ALL of Canada
64
R v Simpson outcome
Ontario court of appeal ruling that police have a limited authority to detain people when there are RG to suspect they are involved in a criminal offence
65
subjective test
RG belief based on officer’s experience
| - "2 limb test"
66
objective test
based on another person’s potential to believe
| - "2 limb test"
67
What level of belief is completely subjective and random?
Arbitrary belief
68
Which of these represents a greater level of belief? Reasonable grounds to suspect or reasonable grounds to believe?
Reasonable grounds to believe
69
A traffic stop is an example of...Investigative detention or brief detention?
brief detention
70
The rules governing “investigative detention” are found where?
common law (case law)
71
In order for an investigative detention to be legal, police must be acting in accordance with:
common law duties
72
True or false, to be legal an investigative detention requires the person is implicated in a criminal activity
true
73
True or false, in order to search a person detained for investigative purposes, police must have RG to believe the person is armed
True, the only time a cop can search them is if the police officer can justify in court (or in time) is if they had RG to believe they have a dangerous item/weapon in their custody
74
True or false, Police MUST inform people of right to counsel immediately (without delay) upon detention
true
75
True or false, Investigative detention can be physical or psychological in nature
true
76
This case was the first to recognize investigative detention as a legitimate police power in Ontario
R v Simpson
77
True or false, police may use reasonable force when attempting to detain a person
true
78
In what section of the CC do we find the concept of RICE+4P’s or P-RICE
Section 495(2)CC
79
P-RICE must be applied against which classification of crimes?
All offences listed in s. 553 CC, all s/c, all hybrid
80
S. 553 criminal offences have a maximum penalty of?
2 years
81
What is the 3rd step in the RDM making model?
classify the belief
82
What is RICE and the 4P’s aka P-RICE?
Circumstances when police must not arrest OR must release from custody
83
What Powers are Police Officers in Canada Granted?
```
Arrest
Detention/detaining a person
Search
Seizure
Charge
Force
Discretion (one of the greatest powers police officers have)
```
84
federal government has exclusive power over what?
The 3C's
The creation of criminal law
Any changes of criminal law
Cancellation or repeal or criminal laws
85
name the 3 provinces that have their own services
SQ> QC
OPP> ON
RNC> NL
86
what are statutes?
laws or rules
- Codified, enacted, and given royal assent
- Federal and provincial (ex; criminal code, liquor license act)
87
what are regulations+bylaws
-“Delegated” legislation created by subordinate governments
| ex; HTA regulations, noise bylaw, pool fences bylaw, etc
88
common law+case law
Judges make decisions based upon the involved statue AND precedence > Stare Decisis (latin for let the decision stand)
89
Which level of government is responsible for ensuring criminal laws are enforced?
provincial
90
Which level of government is responsible for prosecuting criminal cases?
provincial
| Only thing federal law does with criminal law is the 3 C’s
91
Which level of government has total authority for creating, amending, and repealing criminal law?
federal
92
What is the name of Nova Scotia's provincial police service?
RCMP
93
true or false Federal law permits cities to create their own police departments
false
94
Regulations are considered to be _____ _______
Delegated legislation
95
How does “ The Charter” impact police officers?
Court enforced accountability
96
When laws violate the charter, the laws are said to be:
Unconstitutional
Of “no force or effect”
Example: abortion, section 7 says everyone has the right to life+liberty, goes to court (supreme court of Canada) the law as it currently existed back in the 80’s is in constitutional b/c it doesnt cover her rights over her body
97
What section of the Charter outlaws arbitrary arrest or detention?
s 9
98
True or false? A person must be told they’re under arrest in order to be considered in “custody”
false
99
What section of the charter protects us from unreasonable search and seizures?
s 8
100
True or false? Section 31 CC (breach of peace) is not classified as a criminal offence
true
101
According to section ___ of the chatter, police must tell a person that they are under arrest and the reason why
Section 10- give them 10 good reasons why they are under arrest
102
According to section ___ of the Charter, people rights and freedoms are subject to reasonable limits
s 1
103
Section ___ of the charter provides remedies against unconstitutional government action
s 24
104
What legal term refers to the doctrine of precedent?
stare decisis
105
What legal concept uses “subjective and objective” standards to measure or determine the actions of something?
reasonableness
106
Operation while impaired (DUI)
hybrid/dual procedure
107
Aggravated assault
indictable
108
Uttering threats to cause death or personal injury
hybrid
109
sexual assault
hybrid
110
The “indecent” offence pictured here… (two guys peeing in public)
hybrid
111
Taking a motor vehicle without consent (Joyriding)
Summary conviction offence- lots of kids do this
112
robbery
indictable
113
assault causing bodily harm
hybrid (all assaults except aggravated)
114
Making indecent/harassing communications
hybrid
115
trespassing at night
summary
116
Fare fraud (obtain transportation by fraud)taking a taxi then running when its time to pay
summary
117
Causing a disturbance (by being drunk, swearing, singing, fighting, etc)
summary
118
break+enter
hybrid
119
failing to attend court
hybrid
120
theft over $5000
hybrid
121
mischief under $5000
hybrid
122
Public mischief- telling lies to a police officer, sending them on a wild goose chase
hybrid
123
Keeping a gaming or betting house
hybrid
124
Person found in (or owner permitting use of)gaming house
summary
125
theft under $5000
hybrid
126
Terry v Ohio outcome
allows police officers to stop+frisk suspicious individuals without probable cause (for weapons)
127
what is the purpose of "caution?"
to ensure the accused is aware of his/her right to legal aid/duty counsel for free legal advice.
128
Which section of the Criminal Code provides police officers with the power to use reasonable and justifiable force when doing anything to enforce the law, such as making a lawful arrest?
s 25
129
TRUE OR FALSE A search of a person incident to investigative detention provides police with the power to search for evidence, weapons, any means of escape (tools, keys, etc.).
false
130
The search of a person after his/her arrest is referred to as:
search incident to arrest
131
To avoid police abuse of their legal powers, society, through its laws, relies on the combined effect of two factors
limitations and accountability
132
Which of the following represents a greater level of belief (more belief): reasonable grounds OR belief beyond reasonable doubt?
belief beyond reasonable doubt
133
TRUE OR FALSE Reasonable grounds require less evidence/belief than something judged based upon the balance of probabilities.
true
134
Complete the following statement: "The greater the evidence, the greater the ____.
belief
135
True or False: The term "find committing" is defined in the Criminal Code.
false
136
Which sections of the Criminal Code establish a police officers lawful authority to arrest a person without having to use an arrest warrant?
s 31+ s 495
137
What is the fifth legal authority for making an arrest without a warrant under s. 31(1) C.C.?
breach of peace
138
What are the sources of evidence?
1) Human observation
| 2) Physical items
139
When are items seized during a search incident arrest not automatically admissible in court?
If the search and/or seizure violates the Charter of Rights
140
What is an "election"?
The choice an accused person has regarding the level of court where the trial will be conducted and whether or not there will be a jury.
Also refers to the Crown's option on how a matter will be tried: indictment vs. summary conviction
141
What limit has the Supreme Court of Canada imposed on the searches incident to detention?
Officer safety is the primary purpose.
142
What two case law decisions establish procedures that guide obtaining valid consent?
R. v. Wills (1992)
R. v. Borden (1994)
143
When do reasonable grounds not exist?
If multiple logical conclusions are possible.
144
The considerations used to justify an arrest of someone without warrant:
Repetition (of offence)
Identity (of accused)
Court (likelihood of appearing for)
Evidence (protection/seizure of)
and...
Public Interest Needs (PIN) such as: Protection of the public, protection of the accused, prevent breach of peace, etc.
145
In which level of court do jury trials take place?
superior court
