Test 2 Flashcards
What are the core functions/duties of a police officer?
“PLACE - AOF”
Public order maintenance, Law enforcement, Assistance to victims, Crime prevention, Emergency response, and Any Other Function
What does OCPC stand for?
Ontario Civilian Police Commission
What does OIPRD stand for?
Office of the Independent Police Review Director
What does SIU stand for?
Special Investigations Unit
What does LECA stand for?
Law Enforcement Complaints Agency
What are the guiding principles for policing in Ontario?
RECESS
Respect for victims of crime, Ensuring police represent the community they serve, Cooperation between police services and the community,
ensuring safety and security of all persons and property in Ontario, Safeguarding fundamental rights, and sensitivity to the pluralistic character of Ontario
Who is subject to the Code of Conduct?
Police officers, special constables employed by Niagara Parks, and Peace officers employed at Queen’s Park
How many regions has the OPP split Ontario into?
6
Where is the OPP headquarters?
Orillia
What is a disciplinary hearing?
Similar to a trial - deals with professional misconduct
How long is the appeal period RE: disciplinary hearings?
30 days to appeal
What is the usual limitation period for making public complaints?
Limitation: 6 months
Who is responsible for the Ministry of the Solicitor General?
Sylvia Jones
Who is the current director of OPIRD?
Stephen Leach
Who is the current director of the SIU?
Joseph Martino
What is the issued Firearm for police in Ontario?
Semi-automatic pistol
Calibre of the issued firearm?
9x19mm or .40 S & W
What ammunition is used in Ontario?
Jacketed hallow point, factory loaded
How much penetration should the ammunition have in 10% gelatine?
at least 12 inches and no more than 18 inches
What is the chain of command hierarchy? (top to bottom)
- Chief
- Deputy chief
- staff superintendent
- Superintendent
- staff inspector
- Inspector
- Staff sergeant
- Sergeant
- Constable
Reasons why 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
How many people is an unlawful assembly?
3 or more (s.66(1) CC)
How many people are considered a riot?
12 or more persons (unlawfully and riotously assembled together)
What happens to someone that interferes or attempts to interfere with the reading of the proclamation?
They are guilty of an indictable offence and liable to imprisonment for life (s. 68)
What is the classification of the offence of taking part in a riot?
Indictable
Max penalty for taking part in a riot?
Imprisonment not exceeding 2 years
Classification of the offence of being part of an unlawful assembly?
Summary conviction offence (s.66(1))
Wearing a disguise?
Hybrid: Guilty of an indictable offence liable to imprisonment for a term not exceeding 5 years
“A police officer shall not draw a handgun, point a firearm, or discharge a firearm unless…” What’s the rest?
“He or she believes, on RG, it is necessary in order to protect against loss of life or serious bodily harm
Riot proclamation?
Section 67
Who is the Riot proclamation read by?
by 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
When is the riot proclamation read?
Read when it is satisfied that a riot is occurring
s. 25 (1) CC - Protection of Persons Acting Under Authority
Conditions must be met:
- “required or authorized by law to do anything in the administration or enforcement of the law”
- The requirement or authorization must be something found in a statute or common law
- Person must act on reasonable grounds
- Only as much force as Is necessary to achieve that purpose
s. 25 (2) - Protection of Persons Acting Under Authority
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”)
- Protected even if the document is flawed
- Even people who are assisting an authorized person are protected
s. 25 (3) - Not Protected
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…
s. 25 (4) - When Protected
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
- Flight cannot be prevented by reasonable means in a less violent manner
s. 25 (5) - Escape Penitentiary
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, section 9 - Drawing, pointing, discharging a firearm
A police officer shall not:
- Draw a handgun
- Point a firearm at a person
- Discharge a firearm
- Unless he or she believes, on RG, it is necessary in order to protect against loss of life or serious bodily harm
OReg 926, section 10 - Discharging a firearm
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
OReg 926, section 14.5 - Use of force reports
A police officer must submit a use of force report whenever he/she:
- Draws a handgun in the presence of a member of the public
- Points a firearm at a person
- Discharges a firearm
- Uses a weapon other than a firearm on another person
- Uses physical force on another person that results in an injury requiring medical attention
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
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
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
POA - s. 146 (1)
Every police officer is, if he or she acts on reasonable and probable grounds, justified in using as much force as is necessary to do what the officer is required or authorized by law to do.
- Use of force by citizen
POA - s. 146 (2)
Every person upon whom a police officer calls for assistance is justified in using as much force as he or she believes on reasonable and probable grounds is necessary to render such assistance
s. 27.1 (1) CC
every person on an aircraft flight is justified in using as much force as is reasonably necessary to prevent the commission of an offence… that the person believes on reasonable grounds, if the offence were committed, would be likely to cause immediate and serious injury to the aircraft or to any person or property on board
s. 27.1 (2) CC
this section applies to any aircraft in flight in Canadian airspace and to any aircraft registered in Canada in flight outside Canadian airspace
s. 32 CC - Use of force to suppress Riot
- (1) Every peace officer is justified in using or in ordering the use of as much force as the peace officer believes, in good faith and on reasonable grounds,
(a) is necessary to suppress a riot; and
(b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot
s. 26 CC - Excessive Force
Excessive Force
- Everyone who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess
Section 69 CC - Neglect by Peace Officer
- A peace officer who receives notice that there is a riot when within his jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years
Section 67 CC
Reading (“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 any of their deputies
- receives notice that, at any place within the jurisdiction of the person
- 12 or more persons are unlawfully and riotously assembled together
- Shall go to that place and, approach as near as is safe
- if satisfied that a riot is in progress, shall command silence and then make or cause to be made in a loud voice a proclamation in the following words or to the similar effect:
- “Her Majesty the Queen charges and commands all persons being assembled immediately to disperse and peaceably to depart to their habitations or to their lawful business on the pain of being guilty of an offence for which, on conviction, they may be sentenced to imprisonment for life. GOD SAVE THE QUEEN.”
What is a handgun?
a specific classification of firearm
What is a firearm?
Refers to all types of guns
Where do you find the definition of a “police Officer”
Section 2 COPSA
What is the definition of a police officer?
A member of a police service who is appointed as a police officer, a person who is appointed as a police officer under the Interprovincial Policing Act, 2009
Who does the definition of police officer not include?
special constables, First Nation officers, municipal by-law enforcement officers (MLEO), police cadets, and auxiliary members
How many members can be in a Police Service Board?
5, 7, 9
Who does a PSB direct?
a chief of police but not any other officer
What does a Municipal Service Board do?
Determines objectives and priorities for police services, appointing members of a police service
What is the title for the OPP officer who commands a local OPP detachment?
Commissioner
Police officers General duties?
Preserve the peace, prevent crime, assist victims of crime
What is informal police discipline?
Does not appear on the officers record
Formal police discipline?
a sanction by a PSB
What is written on Part “B” of the use of force report?
The names of the officers involved in the use of force
When is part B of the UFR typically destroyed?
No later than 30 days after the report is submitted
How long can Part B of a UFR be retained for if deemed necessary by the PSB or the OPP commissioner?
No longer than 2 years
Contraventions act
Federal statute that allows for some violations of federal law to be dealt with using a “ticket”
Security of Information Act
Deals with preventing espionage and spy craft
What are the 3 Ps?
Preserve the peace
Protect life and property
Prevent Crime
What is required to prove a Prima Facie case?
Mens rea and Actus reus
What is required to prove a Prima Facie case?
Mens rea and Actus reus
Assault definition in CC?
s. 265 (assault charge in 266)
What year was the Ontario Use of Force model created?
2004
The use of force must be…?
NFR - Necessary, proportionate to threat, reasonable/relative
It depends upon… the NATURE and Quality of the act…
How force will be determined as reasonable or unreasonable
What offence is more serious… Riot, Breach of peace, and unlawful assembly (Most to least)
- Riot
- Unlawful assembly
- Breach of peace
“Her majesty the queen charges and commands all persons being assembled immediately to disperse and peaceably to depart to their habitations…”
Riot Proclamation (section 67)
“Her majesty the queen charges and commands all persons being assembled immediately to disperse and peaceably to depart to their habitations…”
Riot Proclamation (section 67)
What organization is responsible for allowing two neighbouring police services to amalgamate?
OCPC
What is the classification of the offence of not taking steps to repress a riot within your jurisdiction?
Indictable
According to this section of the Code, it is the duty of a peace officer and of a person who is lawfully required by him to assist, to disperse or to arrest persons who do not comply with the proclamation
s. 33
