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Test 2 Flashcards

1
Q

What does s 513+514 CC do?

A

order ALL/any “peace officers” within the issuing province/territory that they MUST make the arrest

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2
Q

What are arrest warrants considered?

A

Custodial Compelling Documents

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3
Q

What is the only acceptable form used as an arrest warrant?

A

Form 7 (s 493cc)

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4
Q

Warrant in the first instance is issued by who?

A

police

  • RG exist to believe accused committed crime
  • Investigating police officers cannot locate accursed to arrest
  • Police must prove RG to the issuing justice
  • Must be in public’s interest (PIN)
  • PIN must be proven by police
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5
Q

Bench warrant is issued by who?

A

judge

  • Accused fails to attend court after being ordered to do so
  • Issued from the “Judges bench”
  • Public Interest Needs (PIN) must exist
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6
Q

How many warrants for arrest are there?

A

1

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7
Q

How many ways/streams can you get an arrest warrant by? Name them

A

2 streams/ways

1) warrant in the first instance
2) bench warrant

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8
Q

Arrest in the first instance is issued for an offender who has committed what?

A

indictable, hybrid, or S/C offence

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9
Q

A warrant in the first instance cannot be issued until what?

A

an information is completed

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10
Q

What does an arrest warrant in the first instant communicate?

A

communicates to police officers throughout the country the existence of RG, for arresting someone re: hybrid or indictable

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11
Q

What 2 issues are created for the accused who fails to appear in court?

A
  • Failure to answer to the original charge, AND…

- Committing a new offence > Section 145 CC> “Failure to Appear”

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12
Q

True or false? Most arrest warrants are Canada wide?

A

False, they’re not canada wide the majority of the time

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13
Q

Canada wide warrants are issued by who?

A

superior court judges

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14
Q

How many days do you have to return a person on a warrant?

A

Max 6 days to return a person on a warrant

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15
Q

What is a Form 28?

A

Endorsement of Warrant, allows other provinces to arrest someone for a warrant if in a different province

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16
Q

When must the accused attend the first court appearance in person?

A

For indictable and hybrid offences

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17
Q

What is the time limit on arrest warrants?

A

Can be excited anytime, anywhere (valid till they die basically or its revoked by Crown)

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18
Q

Whats s 29 CC?

A

once warrant issues, the arresting officer must tell the accused about it, and produce it if requested, if it is feasible to do so
applies to:
-search warrants
-arrest warrants and production orders

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19
Q

What does CPIC stand for?

A

Canadian Police Information Centre

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20
Q

What are the 4 decisions that must be made following an arrest or detention?

A

1) Must the person be released from custody?
2) How long does the period of custody need to be?
2a) As long as necessary, no longer
3) Whether or not to compel the accused to appear in court? Ex: should this person be charged?
4) If so, which document (“Form”) should be used to compel a court appearance?

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21
Q

Any kind of pre-trial is a form of what?

A

bail

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22
Q

What have our courts ruled to be the most serious Charter violation of them all?

A

arbitrary detention

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23
Q

What is the Release Provisions Level 1?

A

street level, s495(2)CC, release if PRICE works, don’t release if PRICE doesn’t work

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24
Q

What is the Release Provisions Level 2?

A

station level (OIC), released under summons (form 6), appearance notice (form 9), undertaking (form 12), bail hearing not necessary is PRICE is fulfilled, cannot be released for s 469 offences

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25
What is the Release Provisions Level 3?
court level (bail hearing), rules/procedures found in s 515 CC
26
When must the accused be taken to the police station?
If arrested w.o.w for: - s/c offence, hybrid offence, or “553” offence, IF P-RICE not fulfilled - If arrested with a warrant - If arrested w.o.w for a straight indictable offence
27
What forms can an OIC only use?
mainly Form 10 (undertaking) | - could also use a criminal code summons (Form 6)
28
Where are “Forms” located?
Criminal Code “Forms”>Part XXVIII, S849 C.C
29
If a decision is made to charge the offender, what 2 documents are necessary?
Charge document +release/compelling document= court proceedings
30
What is unconditional release?
released from custody& without obligation, charges aren't likely, BUT police could decide to charge or arrest the offender at a later time/date if necessary
31
What section of the CC are rules and procedures found?
s 515 CC
32
What is P.I.N
Public Interest Needs
33
What is the single purpose of a bail hearing?
to determine release or detention prior to trial
34
How much time is there before the accused must be taken before a Justice?
24 hours or asap
35
For s 469 offences (most serious) what happens in the case of a bail hearing?
they automatically are held for a bail hearing before a judge of the superior court of justice
36
What is the max period of time that a bail hearing can be adjourned for?
3 full days (not automatic) | -remains in custody during this time
37
Where may bail hearings take place?
1) At provincial court (superior court for 469) 2) At police station 3) JP’s/judges officer 4) Using video conferencing
38
True or false the purpose of a bail hearing is to see if there innocent
False
39
What are the 2 or at least 3 primary grounds for denying bail?
Primary - RG accused may fail to appear in court - RG to believe evidence of an indictable offence will be destroyed Secondary - RG accused may commit a criminal offence and/or endanger the public Tertiary - Reputation of the justice system brought into disrepute
40
What two warrants are the same?
Bench warrant+warrant in the first instance are the same just different names
41
How could the denial of bail impact a persons presumption of innocence?
Gives the jury a bias that he’s already guilty in the polices mind (not capable of being on bail)
42
What do we call this process of why they should get bail?
reverse onus - when an accused proves why he/she should get bail -Show cause hearing - onus is on the prosecution
43
Who can be a surety?
- Normally a surety must be a Canadian citizen or landed immigrant - At least 21 years old - Not involved in the current offence - No criminal record or any outstanding criminal charges
44
What form is an appearance notice?
Appearance notice- form 9
45
What form is a summons?
Summons-form 6
46
What is the proper legal term for bail?
“Hearing to determine judicial interim release”
47
Proper announcement has 3 elements, name them P.A.P
- Notice of presence (doorbell or knocking) - Notice of authority (identify as police) - Notice of purpose (purpose of entry)
48
If you see something with your eyes can you legally seize it with no warrant?
If they see it with their eyes they can seize it with their hands (no warrant needed)
49
What is the difference between expressed and implied consent?
Expressed- communicated by the spoken or written word | Implied- inferred from signs, actions, or facts, or by inaction or silence
50
Is a garage considered a dwelling house?
Garage is not a dwelling house, garage would have to be attached to the house in order to be considered a dwelling house
51
What are the 2 ways to get a Feeney Warrant?
``` -cc form 7.1 entry into dwelling house Stand alone warrant “Warrant to enter a dwelling house” -cc form 7 warrant for arrest Entry authorization Arrest warrant with a “Feeney endorsement” ```
52
What is the difference between a CC Form 7 & a CC Form 7.1?
``` Entry authorization on a Form 7 -Warrant for Arrest -“Feeney endorsement” to enter a dwelling house -Stand alone warrant to enter D-H Form 7.1 -“Warrant To Enter Dwelling House” ```
53
What are the exceptions of entering a dwelling house?
- 911 hangup call - person dying or close to dead (seriously hurt) - hot pursuit - gunna destroy evidence of indictable or hybrid offence
54
What mandatory obligation do police have when they arrest a young person (12-17)?
notify a parent, orally or in writing
55
True or False, a young person cannot be held in custody with adult offenders?
True
56
Are bail hearings the same for young persons and adults?
Yes they are | - yp often gets released to parent or surety
57
What is the legal term for changing bail?
Variance of bail | -bail conditions changed with Crown's consent
58
Where are Feeney warrants only required for?
Dwelling houses
59
What is the concept of "entry path?
The concept of “Entry Path” requires that police justify their actions in relation to: -Entry onto the property surrounding the DH -Entry into the DH In other words, police need to be able to explain/justify their actions and whether they were authorized
60
What did R v Evans allow for police to determine?
Allowed for them to approach a door and knock to see if expressed consent to enter a DH is possible
61
Arrest occur in one of 2 places, name them
Dwelling house, or non dwelling house
62
True or False, people have greater privacy expectation in a dwelling house?
True
63
True or False, Feeney warrants only apply to dwelling houses?
True
64
What represents as an exception to Feeney warrants?
Exigent circumstances
65
What goal does the Feeney case remind police officers of?
Police officers goal should be to uphold Charter rights to prevent violations that might result in the inadmissibility of evidence
66
Section 29(1) CC requires police to do what with a warrant?
- Possess a warrant where it is feasible to do so; AND | - Produce the warrant at the occupant’s request during the execution of any kind of warrant
67
True or False, police have no obligation in law to give the accused or any occupant on original or photocopy of a warrant
True, it's best not to do this!
68
What happens with the R v Landry (1986) case?
arrest with a warrant in a DH - only if there are RG to believe offender is in the DH - proper announcement before entering - reasonably believes has/about to commit an indictable offence
69
R v Macooh (1993)
SCC recognized a hot/fresh pursuit exception to the “sanctity of the home” principle (fresh pursuit)`
70
R v Godoy (1999)
police have a common law duty to protect lives (able to enter without warrant in order to protect lives)
71
R v Golub
Allowed warrantless entrance in relation to exigent circumstances
72
Semayne’s Case (1604)
Established the right of a home owner to defend his premises against intrusion Granted entry to those seeking to enter with lawful authority - ie. arrest warrant
73
Eccles v. Burque (1974)
Acknowledged that police have a right to enter a DH without a warrant provided: -RG to believe indictable HBC/WBC -RG to believe offender is present in the DH -Proper announcement made before entering P.A.P. - Notice of Presence (doorbell or knocking), Notice of Authority (Identify as Police), Notice of Purpose (purpose for entry)
74
What is informed consent?
voluntary consent, revocable at any time, from a person who is fully aware of the intent of the police and the consequences he or she may face if consent is given
75
Which type of arrest requires the authorization of a Justice (provincial court judge or Justice of the Peace)?
Arrest with a warrant
76
The main purpose of an arrest warrant is?
to force (compel) the accused person to appear in court.
77
If charges are not laid after the search because more investigation is required, the property may be detained for ____ unless the Justice authorizes extended detention of the goods
3 months
78
TRUE or FALSE When police seek to obtain a search warrant, they don’t tell the target of their investigation that they intend to obtain a search warrant. The "application" is done in secret.
true
79
Only________place to be searched can be named on one Information to Obtain (ITO)
one
80
Police may enter a place using force and without prior announcement if exigent circumstances exist, such as: 1.) a real threat of ________behaviour toward the police or anyone else; and 2.) there is a risk that________)may be lost or destroyed
- violent | - evidence
81
Once items are seized during the execution of any search warrant, the police must make a report outlining what was seized and what became of the seized item. What is the formal term given to this process?
report by police officer
82
What are the 6 instructions from The Wills Instructional Component (R v. Wills)
- consent (implied or expressed) - person had authority to give consent - consent was voluntary - consenting party understood what they were contesting to - consenting party knew they could refuse the search - consenting party was aware of potential consequence coming with consent

Leagult Police Powers (3 decks)

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