test 1 POA

Question 1

Section 1:

Answer 1

The Canadian Charter of rights and Freedoms Guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrable justified in a free and democratic society.

Question 2

Section 7:

Answer 2

Everyone has 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.

Question 3

Section 8:

Answer 3

Everyone has the right against unreasonable search or seizure.

Question 4

Section 9:

Answer 4

Everyone has the right not to be arbitrarily detained or imprisoned.

Question 5

Section 10:

Answer 5

Arrest or Detention:

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 habeus corpus and to be released if the detention is not lawful.

Question 6

Section 24:

Answer 6

24(1)

Anyone whose rights or freedoms, as guaranteed by the charter, have been infringed or denied may apply to court of competent jurisdiction to obtain such remedy as court considers appropriate and just circumstances.

24 (2)

Where, in proceedings under subsection (1), a court concludes that evidence was obtained in manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into dispute.

Question 7

Habeus Corpus:

Answer 7

A writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention.

Question 8

Supreme court of Canada Defines Arrest as Follows:

Answer 8

Arrest consists of the actual seizure or touching of the person’s body with a view to his detention

The mere pronouncing of words of arrest is not an arrest, unless the person sought to be arrested, submits to the process and goes with the arresting officer.

Question 9

What are the two ways of Affecting an arrest?

Answer 9

“You are under arrest”

And either

1. make contact
   
   • Take Hold

OR

2. Show of authority
   
   • And the person submits (acquiesces)

Question 10

Indictable Offences:

Answer 10

Major Indictable

• Listed in section #469
• Punishable strictly by indictment

Middle indictable

• Not listed in in section #469 nor in #553
• Punishable strictly by indictment

Lesser Indictable

• Listed in section #553
• Some listed as indictable only, some Dual

Question 11

Dual Procedure Offences:

Answer 11

Punishable by indictment or Summary Conviction

Many also listed in section #553

Question 12

Summary Conviction Offences:

Answer 12

Less serious offences

• Some criminal code
• Provincial Acts
• Municipal bi-laws

Punishable by Summary conviction only.

Question 13

What is the verbatim definition for Reasonable Grounds:

Answer 13

A set of facts or circumstances, which would lead a person of ordinary and prudent judgement to believe beyond a mere suspicion.

Question 14

Set of facts or circumstances:

Answer 14

Refers to evidence, both admissible or inadmissible

Can be

• Physical objects
• Observations
• Actions etc.

Must be beyond mere suspicion

Question 15

Mere Suspicion:

Answer 15

Speculation or conjecture based on the unsubstantiated rumor or gossip

Question 16

Beyond mere suspicion:

Answer 16

Does not mean absolute knowledge that goes beyond all doubt

Belief consisting of a reasonable degree or certainty.

Question 17

To have Finds Committing, a person must have:

Answer 17

Actually observed a suspect commit an offence, OR observe a set of events so closely related to the incident that only the suspect could be responsible

AND

Apprehend the suspect at the time of the offence, OR Apprehend the suspect following continuous fresh pursuit.

Question 18

section 495(1)

Answer 18

(1) A peace officer may arrest without warrant
(a) a person that has committed a criminal offence or who, on reasonable grounds believes has committed or is about to commit an indictable offence.
(b) a person whom he finds committing a criminal offence; or
(c) a person in respect of whom he has reasonable grounds to believe that a warrant for arrest or commital, in any form set out by part xxviii in relation thereto, is in force within the territorial jursidiction in which the person in found. (CPIC information)

Question 19

495(2)

Answer 19

(2) A person SHALL NOT arrest a perosn without warrant for
(a) an indictable offence listed in section 553,
(b) an offence may be for which the person may be prosecuted by indictment or for which he is punishable on summary conviction, or
(c) an offence punishable on summary conviction

in any case where

(d) he believes on reasonable grounds that the public interest, having reguard to all the circumstances including the need to
(i) establish the identity
(ii) secure or preserve the evidence of the person
(iii) prevent the continuation or repetition of the offence or the commission of another offence

may be satisfied without so arresting the person, and

(e) he has no reasonable grounds to believe to believe that, if he does not so arrest the person, the person will fail to attend court in order to be dealt with according to law.

Question 20

494(1)

Answer 20

(1) Any one may arrest without warrant

(a) a person whom he finds committing an indictable offence
(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

Question 21

494 (2)

Answer 21

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) the 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 that arrest

Question 22

What are the six methods of release?

Answer 22

Summons
Appearance notice
Promise to appear
promise to appear with undertaking
Recognizance 
Recognizance with undertaking.