Test 1 Flashcards
1
Q
What is the name of the provincial law that governs policing in Ontario?
A
COPS Act, 2019
2
Q
What is the goal of the COPSA?
A
To guarantee adequate and effective policing for all citizens in Ontario
3
Q
Which of the following is not one of the statutes that governed policing in Ontario?
A
Ontario community safety and correctional services act, 1968
4
Q
What Ontario statute introduced a code of conduct for police officers as well as a public complaints system?
A
Police Services Act (PSA)
5
Q
What is the purpose of section 1 of the COPSA?
A
To establish the philosophy of how to police in a democracy
6
Q
In the COPSA, the philosophy of how to police in a democracy is communicated by ___ “basic principles”
A
8 (theres 2 new ones, normally there’s 6 RECESS** has to do with natives, metis, inuit people
7
Q
What important subject is represented by the newest addition to the “basic principles”?
A
Greater recognition of the uniqueness of FNMI people and their territory
8
Q
What provincial ministry is responsible for overseeing policing in Ontario?
A
Ministry of the Solicitor General
9
Q
True or False The Federal Government has the authority to allow municipalities to establish their own police services
A
False (provincial government has the authority)
10
Q
Adequate and effective policing is defined as providing ___ core functions as stated in the COPSA
A
6
11
Q
Who is the current Solicitor General of Ontario?
A
Sylvia Jones
12
Q
What is the name of the organization responsible for overseeing a police service in their local area?
A
Police Service Board (PSB)
13
Q
What organization can investigate the death or serious injury of a member of the public when the police are involved?
A
SIU
14
Q
What are the 4 types of incidents that the SIU would investigate?
A
- The serious injury of a person
- The sexual assault of a person
- The death of a person
- The discharge of a firearm at a person
15
Q
True or False The COPSA applies to municipal police services only
A
- False
- -OPP, regional police+municipal police services have to follow this
16
Q
According to the COPSA, the definition of police officer includes which of the following?
A
A member of a police service who is appointed as a police officer
- Section 2
17
Q
True of False The OPP commissioner or the chief of police may authorize a police officer to carry a revolver or a semi-automatic pistol
A
False
- They have no say in the matter – other regulations are set out
- 9mm or 40 calibre
18
Q
A first nation police officers’ powers are valid ________
A
anywhere in Ontario
19
Q
Who is responsible for approving the appointment of special constables?
A
OPP commissioner or local police services board
20
Q
True or False Special constables’ duties are defined in the COPSA
A
false
21
Q
What is the name of the statute that allows police from OPS to operate elsewhere in Canada?
A
Interprovincial Policing act (2009)
22
Q
Who is the person pictured here and what is his role?
A
Devon Clunis, inspector general of policing
23
Q
The OIPRD and the OCPC will eventually merge to become what organization?
A
Law enforcement complaints agency
24
Q
In terms of governance, who is the chief of police directly accountable to?
A
Police Service Board
- Named by Putting the city or municipality in front (i.e. London police service board)
- Minimum size – 5
- Maximum size – 9
25
True or False According to the COPSA, special constables have the same duties and responsibilities as police officers
False
26
Special constables are appointed to their positions by whom?
OPP commissioner or local police service board
27
True or False The duties of special constable are found in the COPSA
False
28
What statute authorizes police services to assist police services or operate elsewhere in Canada?
Interprovincial policing act
29
What type of handgun must Ontario police officers equipped with?
semi-automatic pistol
30
True or False One of the duties of the chief of police is to maintain discipline in their police service
True
31
When appointed as a police officer in accordance with the COPSA, an officer’s powers are valid…
Ontario wide
32
True or False Once the COPSA is fully implemented, applicants will be required to have a university degree
false
33
True or False Applicants to a police service must provide any relevant information or material that is lawfully asked of them
true
| S. 82
34
A chief of police may extend an officers probationary period by up to ____ if the police officer consents
6 months
| -Standard/minimum without consent is 1year
35
True or False Shift Work, and having lots of days off, permits Ontario’s police officers to have any kind of second job they want
False
| -dont want to have conflict of interest
36
True or False A police officer in Ontario is not allowed to run for political office while so employed
True
37
True or False Although they are volunteers, auxiliary police officers have exactly the same powers as police officers
False
- Have authority of a police officer only When accompanied or supervised by a police officer
- No firearms
38
An officer who fails to cooperate with SIU investigators, does not complete required reports, etc, commits…
neglect of duty
39
Who is currently responsible for hearing initial appeals related to police misconduct?
OCPC
40
TRUE OR FALSE: COPSA encourages informal resolution of conduct complaints, at any time during the process (informal is cheaper)
true
41
An officer commits ______ by not following the orders of a superior
Insubordination
42
An officer who makes a false entry in their duty book commits the misconduct of ____
deceit
43
Police officers who use their position to receive discounted goods commit the misconduct of ___
corrupt practice
44
TRUE OR FALSE Undercover police officers are permitted to consume illegal drugs
false
45
TRUE OR FALSE Most of the regulations for the COPSA have already been written
false
46
A police officer who calls in sick when they are not commits the misconduct of ___
neglect of duty
47
TRUE OR FALSE The Code of Conduct applies to police officers working under the Interprovincial Policing Act
true
48
Police officers who would like to have secondary employment must have the permission of the ____
chief of police
49
TRUE OR FALSE When police officers are off duty they are permitted to make political statements in relation to their police service
false
50
TRUE OR FALSE A Police officers can be elected to municipal government as long as it's not the municipality in which they are employed
true
51
Public complaints falk into 2 categories:
Police officer conduct and complaints about a police service
52
What is the name of the agency currently responsible for managing public complaints against police?
Office of the independent police review direct
53
TRUE OR FALSE all complaints received by the Complaints Director are investigated
false
54
Who is authorized to investigate a public complaint
Chief of police or OIPRD investigators
55
TRUE OR FALSE A chief of police can continue with a complaint investigation even if the complaint is withdrawn
true
56
TRUE OR FALSE Complaint investigations that reveal misconduct always result in formal disciplinary hearings
false
57
Generally complaint investigations should not take longer than ____
120 days
58
TRUE OR FALSE A chief of police commissioner may suspend an officer with or without pay
true
59
True or False A chief of police initiates all internal and external complaints against police officers
false
60
A public complaint has been made regarding a special constable. Who is responsible for investigating?
The special constables employer
61
What is the chain of command? (9 spots)
1. Chief
2. Deputy Chief
3. Staff superintendent
4. Superintendent
5. Staff inspector
6. Inspector
7. Staff sergeant
8. Sergeant
9. Constable
62
What the tech specifications of the handgun issued to police in Ontario? Calibre? Style/type of handgun must be...Ammunition?
- Issued Firearm: Semi-automatic pistol – revolvers not permitted
- Ammunition: Jacketed hollow point bullet
63
Who is the current director of the SIU?
Joseph Martino
64
Who is the current director of the OIPRD?
Stephen Leach
65
What is the usual limitation period for making public complaints?
- Limitation, six months
| - Director can decide not to deal with a complaint more than 6 months old – DISCRETIONARY
66
How long is the appeal period re: disciplinary hearings?
- Complainant has up to 30 days to appeal
| - Complainant or officer may appeal to OCPC
67
who hears the initial appeal?
heard by the OCPC
68
Where do further appeals occur?
Superior Court of Ontario
69
The adjective function is likely to be assumed by who?
LECA
70
What is a Disciplinary Hearing?
- Similar to a trail
- Deals with professional misconduct
- --NOT criminal offences
71
Who’s involved in a disciplinary hearing?
- Ordered by Chief/Commissioner
| - Hearing officer (“judge”) & prosecuting officer appointed by chief
72
How does a disciplinary hearing work?
-Complainants usually required to testify
73
What is the appeal process?
- An officer found guilty of misconduct could face a range of penalties or combination:
1. Reprimand
2. Fine
3. Demotion
4. Dismissal
5. Counselling, treatment, training
- Chief must impose the penalty set by the Hearing Officer
74
Explain Informal and Formal police discipline.
- COPSA encourages informal resolution of conduct complaints, at any time during the process
- Occurs when a chief concludes the complaint is “less serious”
- Complaint and police officer must agree
- Complaints resolved through informal resolution do NOT appear on the officer’s disciplinary record
75
What is the relationship between a chief of police and his/her Police Service Board?
-The PSB oversees the chief of police re: establishment and management of a public complaint system
76
What are the OPP’s unique roles?
- Providing policing services in parts of Ontario that do not have their own Municipal police
- Providing police services in all navigable waterways in Ontario, except those that lie within municipalities
- Maintaining a traffic patrol on the “King’s Highway”
- Assisting municipal police services when requested
77
Who is currently subject to the Code of Conduct?
- Police officers
- special constables employed by Niagara parks
- peace officers employed at queen’s park
78
What are the powers and limitations of auxiliary members? They can and cannot do what things?
- S. 90 (5) COPSA: Have the authority of a police officer only if accompanied or supervised by a police officer and is authorized to perform police duties by the chief of police
- Duties are restricted
- Oath of office and secrecy must be taken
- Penalties for leaking information
79
What is RECESS (6 main guiding principles)
-Respect for victims of crime and an understanding for their needs
-Ensuring that police services are representative of the communities they serve
-Cooperation between police services and the communities they serve
-Ensuring the safety and security of all persons and property of Ontario
-Safeguarding the fundamental rights guaranteed by:
Canadian Charter of Rights Freedoms
Ontario Human Rights Code
-Sensitivity to the pluralistic, multiracial and multicultural character of Ontario society
80
What are a chief of police’s duties as outlined in the COPSA? Provide examples of those duties.
- S 79 (1) COPSA
- manage members of police service in accordance with COPSA
- comply with PSB, and ensure daily operations with them are functioning
- maintain discipline on police service
- comply with complaint investigations with the SIU
- Ensure police service provides community-oriented police services
- Administer the complaints -system for their service
- Perform an internal investigation is a member of their police service is investigated by the SIU
- Given the power to disclose personal information in certain circumstances
- Establish written procedures regarding the administration of his or her police service and the provisions of policing by the police service
- May delegate in writing certain powers and duties
81
What are a police officer’s general duties as outlined in the COPSA? Provide examples of those duties.
- Preserve the peace
- Preventing crimes and providing assistance to others wishing to prevent crime
- Assisting victims of crime
- Apprehending criminals and others who may lawfully be taken into custody
- Laying charges and participating in prosecutions
- Power valid anywhere in Ontario
- Executing warrants (search/seizure, arrest)
- Comply with code of conduct
- Performing the lawful duties that the chief of police assigns
- Enforcing municipal bylaws
82
What does LECA stand for?
Law Enforcement Complaints Agency
83
What is the SIU?
-The SIU is a civilian law enforcement agency that has jurisdiction over municipal, regional and provincial police officers, as well as special constables employed by the Niagara Parks Commission and peace officers with the Legislative Protective Service
84
What is the OIPRD?
-is an independent civilian oversight agency responsible for receiving, managing and overseeing all public complaints about municipal, regional and provincial police in Ontario.
85
What the core police functions/ duties of police services in Ontario
Core police functions
- “PLACE- AOF”
- Public order maintenance
- Law enforcement
- Assistance to victims
- Crime prevention
- Emergency response
- ---Any Other (policing) Functions
86
What is the classification of the offence of “taking part in a riot”?
indictable
87
What is the maximum penalty for anyone who wears a mask or other disguise to conceal their identity (without lawful excuse) while taking part in a riot
Imprisonment for a term not exceeding 10 years
88
According to the Criminal Code, in order for a riot to take place, where must it occur?
any place
89
According to the Criminal Code, it is the duty of a police officer to wait ____ after the proclamation and then disperse or arrest persons who do not comply
30 minutes
90
This portion of the “Two Limb Test” asks whether a reasonable person would have believed that reasonable grounds existed (to use force) if they’d been in the same situation as the police officer
objective test
91
What is the classification for the offence of unlawfully wearing a mask or disguise to conceal one’s identity while being a member of an unlawful assembly”?
hybrid
92
Which section of the Criminal Code makes it a crime for a police officer to neglect or intentionally ignore a riot that is taking place within his/her jurisdiction?
S 69
93
In special circumstances, “Part B” of the Use of Force Report can be kept for no more than ____ , if authorized
2 years
94
Police officers have a _____ duty to prevent crime, protect lives and property, and preserve the peace
common law and statutory
95
Section _____ of the Provincial Offences Act permits police officers to “use as much force as is necessary to do what the officer is required or authorized by law to do.”
S 146
96
Normally, “Part B” of the Use of Report is destroyed not later than ___ after the report is submitted
30 days
97
TRUE OR FALSE According to the Criminal Code, is it illegal for a police officer to order another police officer to use force to suppress a riot
false
98
Which section of the Criminal Code permits a correctional officer to use force that is intended or is likely to cause death or grievous bodily harm against an inmate who is escaping from a penitentiary if he believes on reasonable grounds that the inmate poses a threat of death or grievous bodily harm to any person; and the escape cannot be prevented by reasonable means in a less violent manner?
S 25(5)
99
Where is the riot proclamation found?
S 67 CC
100
According to the Criminal Code, anyone who attempts or actually hinders a person making the “proclamation” is guilty of:
an indictable offence and liable to imprisonment for life
101
“Part B” may be retained for a longer period of time if retention is in relation to a:
training issue
102
Who is protected (permitted to use force) if they “act in good faith” while being authorized to “execute a process” or “complete a sentence” while in the administration or enforcement of the law?
anyone
103
Which federal law provides Canada with the legal authority to hand over persons located in Canada, to another country if the person is wanted for a crime
Extradition Act
104
Who can authorize the retention of “Part B” of the Use of Force Report?
Police Service Board, Chief of Police, or Commissioner of the O.P.P
105
What is the classification for the offence of “being a member of an unlawful assembly”? (Not wearing a disguise)
summary conviction
106
Who is permitted to use reasonable force to prevent the renewal of a breach of peace?
anyone
107
“Part B” may be retained for a longer period of time if retention is in relation to a:
training issue
108
Select the correct ending to the following statement: “A police officer shall not draw a handgun, point a firearm, or discharge a firearm unless…
it is necessary in order to protect against loss of life or serious bodily harm.
109
Constable Jenna Raeshun and her partner, Constable Lou Tennant, were both repeatedly, kicked and punched when they attempted to arrest a woman for uttering death threats. Constable Raeshun pepper-sprayed the woman. Constable Tennant used soft physical control techniques. Constable Rasehsun completed a UFR as a result of using a weapon other than a firearm on a person.
Does Constable Tennant also have to submit a UFR for this incident?
no
110
What is the maximum penalty for anyone taking part in a riot? (Not wearing a disguise)
Imprisonment for a term not exceeding 2 years
111
Which of the following information is reported on “Part B” of the Use of Force Report?
Name(s) of involved officer(s)
112
Constable Jenna Raeshun and her partner, Constable Lou Tennant, were both repeatedly, kicked and punched when they attempted to arrest a woman for uttering death threats. Constable Raeshun pepper-sprayed the woman. Constable Tennant used soft physical control techniques.
How should Constable Raseshun complete the UFR?
Individual report, officer assisted
113
What section of the Criminal Code authorizes any person to arrest another person in order to prevent a breach of peace, and to use reasonable force to effect the arrest?
S 30
114
What is the classification of the offence of “taking part in a riot”?
indictable
115
According to the Criminal Code, anyone is ____ responsible for any excessive use of force
criminally
116
TRUE OR FALSE Constable Harry Armes was badly injured and his portable radio was not working. Constable Armes is prohibited from discharging his pistol in order to call for help.
false
117
Provided all other conditions are met, how many people constitute a riot?
12 or more
118
While investigating a disturbance, Constable Jay Rock was assaulted by a subject who was armed with a tree branch. Constable Rock sprayed the subject with OC spray. The spray was not effective and Constable Rock then successfully used his taser to control the subject's behaviour
Constable Rock must submit one UFR that reports the use of the OC spray as well as the use of the taser. Constable Rock must report the order in which the force options were used
119
What is the contraventions act?
federal statute that allows for some violations of federal law to be dealt with using a “ticket
120
When are police officers in Ontario authorized to draw a handgun and/or discharge a firearm?
O/Reg. 926, Section 9
ONLY when he or she believes, on reasonable grounds, it is necessary in order to protect against loss of life or serious bodily harm.
Remember: This rule does NOT apply to training situations
O/Reg. 926, Section 10
EXCEPTION- A police officer may discharge a handgun or other firearm,
(a) to call for assistance in a critical situation, if there is no reasonable alternative; or
(b) to destroy a potentially dangerous animal or one so badly injured that its suffering should be ended
121
what section is the exception for an officer discharging their weapon?
O/Reg. 926, Section 10
EXCEPTION- A police officer may discharge a handgun or other firearm,
(a) to call for assistance in a critical situation, if there is no reasonable alternative; or
(b) to destroy a potentially dangerous animal or one so badly injured that its suffering should be ended
122
What is S 25 (1)
Protection from liability for certain persons
123
What is S 25 (2)
People are protected if they “act in good faith” while being authorized to do something (“to execute a process”) or complete a task (“complete a sentence”)
124
What is 25 (3)
No one is allowed to use force that would (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…
125
What is S 25 (4)
- Peace officer/assistant attempts to arrest for arrestable offence
- Person flees to avoid arrest
- Peace officer or other person using force acts protecting the peace officer, person assisting the peace officer or any other person from imminent or future death or grievous bodily harm
126
What is S 25 (5)
lethal force may only be used against an escaping inmate if a peace officer has RG belief that inmate poses threat of grievous bodily harm to any person and escape cant be prevented by reasonably less violent means
127
OReg 926 of the Comprehensive Ontario Police Services Act governs the use of what?
governs the use of force issues for Ontario police
128
What is OReg 926, section 9
Drawing, pointing, discharging a firearm
129
What is OReg 926, section 10
Discharging a firearm
130
What is OReg 926, section 14.5
use of force reports
131
What is OReg 926, section 14.2(1)(2)
Police officer shall not:
- Use force on a person unless the officer has successfully completed a training course on the use of force
- Carry a firearm unless the officer successfully completed a training course on the use of firearms
- During the past 12 months
132
What is OReg 926, section 14.3(2)
Exception
- Chief may grant the member additional time to take the necessary training
- -Extension is not to exceed 60 days
133
What is OReg 926, section 15
- No member of a police force shall use a subcompact motor vehicle for the purpose of general police patrol
- PITting not permitted in Ontario
134
Section 34(1) is what?
Self-defence against unprovoked assault
135
What is S 35?
Section 35 – Self-defence in case of aggression
136
What is S 32?
Section 32 - Use of Force to Suppress Riot
137
What Section discusses excessive force?
S 26 CC
138
Who reads the riot proclamation?
a justice, mayor or sheriff, or the lawful deputy of a mayor or sheriff, a warden of a prison, or the head of a penitentiary, or of any of their deputies
139
What is the difference between a “handgun” and a “firearm”?
- Handgun
- --A specific classification of firearm
- Firearm
- --Refers to all guns
140
What are the reasons police use force? D(iet) PEP C
DEFEND themselves in the lawful performance of their duties
PROTECT the public
EFFECT a lawful arrest
PREVENT continuation of an offence
CONTROL the subject’s demonstrated behaviour
141
What Section allows use of force aboard an aircraft?
S 27.1
142
What is the role of the Ontario Use of Force Model 2004?
The Ontario Use of Force Model (2004) guides officers in their duty to use reasonable force when the situation demands it
143
What is the purpose of the Ontario Use of Force Model 2004?
- Graphical representation - various elements of a use of force encounter
- Does NOT dictate specific response options to situations
- Does NOT justify an officer's actions
- DOES provide a basis for understanding and articulating the events associated with an officer’s use of force
144
What is the history of the Ontario Use of Force Model 2004?
- Began to appear in the USA in the 1970’s
- First Canadian models appeared in 1980’s
- -Nova Scotia + Quebec
- -Ontario (1994)
- -RCMP and western provinces followed
145
Name the parts of the collapsible baton
1) end grip
2) grip
3) shaft
4) friction looks
5) striking portion
6) tip
146
When do you submit a Use of Force Report?
- Part A
- -General details of the incident
- Part B
- -Contains the name of the officer involved and related training issues, kept for 30 days unless ordered by the PSB/Chief to hold for no more than 2 years
147
What angle do you approach and handcuff individuals?
45 degree
148
What level is also known as the escort position?
level 2 and a half
149
Where should you approach an individual when arresting them?
approach from the rear (from the back)
150
What is the name of the current provincial statute governing policing in Ontario? What preceded it?
- Comprehensive Ontario Police Services Act
| - Preceded by: Police Services Act
151
Explain the purpose of (From 1) Use of Force reports
This report is required when a gun is drawn, when a weapon is used on another person, or when an officer uses physical force causing injury that requires medical attention. This form is also required when police us it to put down an animal S. 10 (b)
152
When must (From 1) Use of Force reports be submitted?
- Handgun is drawn in the presence of a member of the public
- Firearm is discharged
- Firearm is pointed at a person
- Physical force is used causing injury that requires medical attention
- Uses a weapon other than a firearm on another person
153
What law states that a Form 1 must be submitted?
O/Reg 926 14.5(1)
154
When does a Form 1 not need to be submitted?
The only time a Form 1 does not to be filled out is when the firearm is discharged in training, being cleaned or used at a practice range, or when it is used to signal for help in an emergency situation
155
What level is known as interview position?
level 1
156
What positions should you aim for and avoid?
- Level avoid: 0 and 3,
| - Aim for 2 and a half, level 1 is interview position
157
What is the proper handcuff technique?
- Back of hands together
- Cinch cuffs
- Double lock
158
What is cover vs concealment?
- Cover: Bullets are unable to penetrate, will save you from serious injury or death
- -I.e. Concrete wall
- Concealment: is able to be penetrated by ammunition or other weapons, but will hide you from view
- -I.e. A shrub
159
What is Tactical Communication?
Any type of communications whether its verbal or not verbal that is used to influence and gain cooperation of an individual
160
What are some examples of edged weapons?
1) knife
2) machete
3) axe
4) hammer
5) need one more
161
As per (Form 1) Use of Force reports, what are: Minor Injury, Serious Injury, Fatal Injury?
- Minor injury: injury to a person that requires medical attention
- Serious Injury: Injuries that require hospitalization
- Fatal Injury: Loss of life
162
What is the narrative portion of the (Form 1) Use of Force report used for? What is to be avoided?
- Used for training related issues
| - Use of names and other identifying information is to be avoided
163
The graphical illustration used by Ontario police services to help people understand an officer’s use of force is referred to as the _____.
Ontario Use of Force Model 2004
164
As per the Use of Force Model (2004), upon arriving at a situation, a police officer should ____,_____, and ____. SPELLING counts!
Assess, plan, act
165
List and explain “The 4 Rules of Search”?
| All searches must be conducted: Like The Man Says
Legally
Thoroughly
Methodically
Safely
166
Should you handcuff or search first?
Handcuff 1st- Search 2nd
167
How do you conduct a safe search?
Whenever you search a subject:
- Look
- Ask
- Clear
- Touch
* *touching them should be the last thing you do****
168
What should be the first area of the body to search?
Waistband
| ***Then expand search outward from that**
169
What authorizes a police officer’s use of force?
- O/Reg 926
- -The Criminal Code
- -POA
170
True or false:
| The use of force model dictates the exact/specific force options that officers follow in response to harmful situations.
False, the use of force model is a suggestion of the options of force that an officer can use in any given situation they encounter. The officer can use mild discretion to choose which use of fore that they feel is appropriate. (Example, either soft or hard physical control)
171
Explain: Tactical Considerations & Perceptions
- Tactical considerations refer to the officers possible use of force to respond to a situation
- Perception is the officers view of the situation and how to respond to it with the (appropriate) tactical consideration
172
Explain the role of Officer Presence and Communication
- Officer presence alone is not a use of force but can have a calming or aggravating effect on the situation
- Communication is also not a use of force but it can be used as a “weapon” to diffuse/aggravate any situation
173
Explain the role of visible signs of authority on a subject’s behaviour
- Visible signs of authority: The uniform, cruiser, intermediate weapons and lethal force
- -Can have a negative effect on the subject if they see the visible sign of authority as a threat
174
Explain “The Police Challenge”.
“Police! Don't move”
175
What does “O.C.” in “O.C.” Spray stand for?
oleoresin capsicum
176
Use of Force must be what? Hint "NPR"
- Necessary
- Proportional
- Reasonable
177
What kind of batons are prohibited weapons in Canada? Does this include expandable/collapsible batons?
- Spring loaded
- Collapsible/expandable batons are allowed in Canada
- -Police use collapsible batons opened by centrifugal force/gravity
178
what law deals with threats of espionage by Georgia powers as well as terrorist groups?
security of information act
