Test 1 Flashcards
What is the name of the provincial law that governs policing in Ontario?
COPS Act, 2019
What is the goal of the COPSA?
To guarantee adequate and effective policing for all citizens in Ontario
Which of the following is not one of the statutes that governed policing in Ontario?
Ontario community safety and correctional services act, 1968
What Ontario statute introduced a code of conduct for police officers as well as a public complaints system?
Police Services Act (PSA)
What is the purpose of section 1 of the COPSA?
To establish the philosophy of how to police in a democracy
In the COPSA, the philosophy of how to police in a democracy is communicated by ___ “basic principles”
8 (theres 2 new ones, normally there’s 6 RECESS** has to do with natives, metis, inuit people
What important subject is represented by the newest addition to the “basic principles”?
Greater recognition of the uniqueness of FNMI people and their territory
What provincial ministry is responsible for overseeing policing in Ontario?
Ministry of the Solicitor General
True or False The Federal Government has the authority to allow municipalities to establish their own police services
False (provincial government has the authority)
Adequate and effective policing is defined as providing ___ core functions as stated in the COPSA
6
Who is the current Solicitor General of Ontario?
Sylvia Jones
What is the name of the organization responsible for overseeing a police service in their local area?
Police Service Board (PSB)
What organization can investigate the death or serious injury of a member of the public when the police are involved?
SIU
What are the 4 types of incidents that the SIU would investigate?
- 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
True or False The COPSA applies to municipal police services only
- False
- -OPP, regional police+municipal police services have to follow this
According to the COPSA, the definition of police officer includes which of the following?
A member of a police service who is appointed as a police officer
- Section 2
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
False
- They have no say in the matter – other regulations are set out
- 9mm or 40 calibre
A first nation police officers’ powers are valid ________
anywhere in Ontario
Who is responsible for approving the appointment of special constables?
OPP commissioner or local police services board
True or False Special constables’ duties are defined in the COPSA
false
What is the name of the statute that allows police from OPS to operate elsewhere in Canada?
Interprovincial Policing act (2009)
Who is the person pictured here and what is his role?
Devon Clunis, inspector general of policing
The OIPRD and the OCPC will eventually merge to become what organization?
Law enforcement complaints agency
In terms of governance, who is the chief of police directly accountable to?
Police Service Board
- Named by Putting the city or municipality in front (i.e. London police service board)
- Minimum size – 5
- Maximum size – 9
True or False According to the COPSA, special constables have the same duties and responsibilities as police officers
False
Special constables are appointed to their positions by whom?
OPP commissioner or local police service board
True or False The duties of special constable are found in the COPSA
False
What statute authorizes police services to assist police services or operate elsewhere in Canada?
Interprovincial policing act
What type of handgun must Ontario police officers equipped with?
semi-automatic pistol
True or False One of the duties of the chief of police is to maintain discipline in their police service
True
When appointed as a police officer in accordance with the COPSA, an officer’s powers are valid…
Ontario wide
True or False Once the COPSA is fully implemented, applicants will be required to have a university degree
false
True or False Applicants to a police service must provide any relevant information or material that is lawfully asked of them
true
S. 82
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
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
True or False A police officer in Ontario is not allowed to run for political office while so employed
True
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
An officer who fails to cooperate with SIU investigators, does not complete required reports, etc, commits…
neglect of duty
Who is currently responsible for hearing initial appeals related to police misconduct?
OCPC
TRUE OR FALSE: COPSA encourages informal resolution of conduct complaints, at any time during the process (informal is cheaper)
true
An officer commits ______ by not following the orders of a superior
Insubordination
An officer who makes a false entry in their duty book commits the misconduct of ____
deceit
Police officers who use their position to receive discounted goods commit the misconduct of ___
corrupt practice
TRUE OR FALSE Undercover police officers are permitted to consume illegal drugs
false
TRUE OR FALSE Most of the regulations for the COPSA have already been written
false
A police officer who calls in sick when they are not commits the misconduct of ___
neglect of duty
TRUE OR FALSE The Code of Conduct applies to police officers working under the Interprovincial Policing Act
true
Police officers who would like to have secondary employment must have the permission of the ____
chief of police
TRUE OR FALSE When police officers are off duty they are permitted to make political statements in relation to their police service
false
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
Public complaints falk into 2 categories:
Police officer conduct and complaints about a police service
What is the name of the agency currently responsible for managing public complaints against police?
Office of the independent police review direct
TRUE OR FALSE all complaints received by the Complaints Director are investigated
false
Who is authorized to investigate a public complaint
Chief of police or OIPRD investigators
TRUE OR FALSE A chief of police can continue with a complaint investigation even if the complaint is withdrawn
true
TRUE OR FALSE Complaint investigations that reveal misconduct always result in formal disciplinary hearings
false
Generally complaint investigations should not take longer than ____
120 days
TRUE OR FALSE A chief of police commissioner may suspend an officer with or without pay
true
True or False A chief of police initiates all internal and external complaints against police officers
false
A public complaint has been made regarding a special constable. Who is responsible for investigating?
The special constables employer
What is the chain of command? (9 spots)
- Chief
- Deputy Chief
- Staff superintendent
- Superintendent
- Staff inspector
- Inspector
- Staff sergeant
- Sergeant
- Constable
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
Who is the current director of the SIU?
Joseph Martino
Who is the current director of the OIPRD?
Stephen Leach
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
How long is the appeal period re: disciplinary hearings?
- Complainant has up to 30 days to appeal
- Complainant or officer may appeal to OCPC
who hears the initial appeal?
heard by the OCPC
Where do further appeals occur?
Superior Court of Ontario
The adjective function is likely to be assumed by who?
LECA
What is a Disciplinary Hearing?
- Similar to a trail
- Deals with professional misconduct
- –NOT criminal offences
Who’s involved in a disciplinary hearing?
- Ordered by Chief/Commissioner
- Hearing officer (“judge”) & prosecuting officer appointed by chief
How does a disciplinary hearing work?
-Complainants usually required to testify
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
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
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
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
Who is currently subject to the Code of Conduct?
- Police officers
- special constables employed by Niagara parks
- peace officers employed at queen’s park
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
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
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
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
What does LECA stand for?
Law Enforcement Complaints Agency
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
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.
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
What is the classification of the offence of “taking part in a riot”?
indictable
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
According to the Criminal Code, in order for a riot to take place, where must it occur?
any place
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
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
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
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
In special circumstances, “Part B” of the Use of Force Report can be kept for no more than ____ , if authorized
2 years
Police officers have a _____ duty to prevent crime, protect lives and property, and preserve the peace
common law and statutory
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
Normally, “Part B” of the Use of Report is destroyed not later than ___ after the report is submitted
30 days
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
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)
Where is the riot proclamation found?
S 67 CC
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
“Part B” may be retained for a longer period of time if retention is in relation to a:
training issue
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
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
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
What is the classification for the offence of “being a member of an unlawful assembly”? (Not wearing a disguise)
summary conviction
Who is permitted to use reasonable force to prevent the renewal of a breach of peace?
anyone
“Part B” may be retained for a longer period of time if retention is in relation to a:
training issue
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.
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
What is the maximum penalty for anyone taking part in a riot? (Not wearing a disguise)
Imprisonment for a term not exceeding 2 years
Which of the following information is reported on “Part B” of the Use of Force Report?
Name(s) of involved officer(s)
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
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
What is the classification of the offence of “taking part in a riot”?
indictable
According to the Criminal Code, anyone is ____ responsible for any excessive use of force
criminally
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
Provided all other conditions are met, how many people constitute a riot?
12 or more
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
What is the contraventions act?
federal statute that allows for some violations of federal law to be dealt with using a “ticket
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
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
What is S 25 (1)
Protection from liability for certain persons
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”)
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…
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
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
OReg 926 of the Comprehensive Ontario Police Services Act governs the use of what?
governs the use of force issues for Ontario police
What is OReg 926, section 9
Drawing, pointing, discharging a firearm
What is OReg 926, section 10
Discharging a firearm
What is OReg 926, section 14.5
use of force reports
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
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
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
Section 34(1) is what?
Self-defence against unprovoked assault
What is S 35?
Section 35 – Self-defence in case of aggression
What is S 32?
Section 32 - Use of Force to Suppress Riot
What Section discusses excessive force?
S 26 CC
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
What is the difference between a “handgun” and a “firearm”?
- Handgun
- –A specific classification of firearm
- Firearm
- –Refers to all guns
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
What Section allows use of force aboard an aircraft?
S 27.1
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
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
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
Name the parts of the collapsible baton
1) end grip
2) grip
3) shaft
4) friction looks
5) striking portion
6) tip
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
What angle do you approach and handcuff individuals?
45 degree
What level is also known as the escort position?
level 2 and a half
Where should you approach an individual when arresting them?
approach from the rear (from the back)
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
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)
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
What law states that a Form 1 must be submitted?
O/Reg 926 14.5(1)
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
What level is known as interview position?
level 1
What positions should you aim for and avoid?
- Level avoid: 0 and 3,
- Aim for 2 and a half, level 1 is interview position
What is the proper handcuff technique?
- Back of hands together
- Cinch cuffs
- Double lock
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
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
What are some examples of edged weapons?
1) knife
2) machete
3) axe
4) hammer
5) need one more
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
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
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
As per the Use of Force Model (2004), upon arriving at a situation, a police officer should ____,_____, and ____. SPELLING counts!
Assess, plan, act
List and explain “The 4 Rules of Search”?
All searches must be conducted: Like The Man Says
Legally
Thoroughly
Methodically
Safely
Should you handcuff or search first?
Handcuff 1st- Search 2nd
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***
What should be the first area of the body to search?
Waistband
*Then expand search outward from that
What authorizes a police officer’s use of force?
- O/Reg 926
- -The Criminal Code
- -POA
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)
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
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
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
Explain “The Police Challenge”.
“Police! Don’t move”
What does “O.C.” in “O.C.” Spray stand for?
oleoresin capsicum
Use of Force must be what? Hint “NPR”
- Necessary
- Proportional
- Reasonable
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
what law deals with threats of espionage by Georgia powers as well as terrorist groups?
security of information act
