TPA

Question 1

What is not a premise?

Answer 1

MOVING aircraft, Sidewalks and Highways

Question 2

Name 3 examples of a premise / land / structure

Answer 2

• dwelling house absent or not
• Any kind of business
• All schools
• Licensed premises including bars
• Vacant bars where wall exist but interior has been gutted
• All private land
• Parks

Question 3

What is an occupier?

Answer 3

Any person on premise who has authority to regulate access of person entry to premises.
owner, employee, security person

Question 4

True or False - the occupier does not have the authority to prohibit entry

Answer 4

FALSE - the occupier does have the authority prohibit entry

Question 5

True or False - the owner when present he/she supersedes all other occupiers.

Answer 5

TRUE

Question 6

True or False - an employee and security personal are not automatically an occupier unless the owner specifically tells them they aren’t

Answer 6

FALSE - they ARE automatically occupiers and can regulate access unless other wise stated.

Question 7

who create rules regarding entry and removal of their property

Answer 7

owner/ occupier

Question 8

Does anyone have the right to enter a private owned premise?

Answer 8

No, It is a privilege and can be taken away

Question 9

True or False - the owner/ occupier need a specific reason to remove someone or prevent them from entering the premise

Answer 9

FALSE- dont need specific reasoning.

Question 10

does any person have implied consent to walk up to an entrence of a property with no sign or fence

Answer 10

YES - If there is a sign or a fence then implied consent does not apply and you may no approach

Question 11

What 2 ways can an owner and or occupier give notice of prohibition (to leave)

Answer 11

Verbal and Written

Question 12

during written notice what does the owner/ occupier have to say

Answer 12

Date, state the owner occupier name and clearly state they are prohibited.

Question 13

what does the owner/occupier have to say and do when giving verbal notice to leave?

Answer 13

• Make sure it is directed to one specific person
• Identify yourself as owner/ occupier
• Use words like prohibit, enter, premises

Question 14

do you have to give leal notice when prohibiting a person

Answer 14

No- TPA does not state that you have to give legal notice.

Question 15

If police get called who has to tell the person to leave police or owner/ occupier

Answer 15

Owner/occupier

Question 16

what is verbatim

Answer 16

Word for Word - NO parahrasing

Question 17

If you give verbal notice to leave do you need a witness

Answer 17

NO

Question 18

what is automatic prohibition?

Answer 18

It is when you automatically are trespassing. On someones lawn, agriculture and/or when there is a fence

Question 19

what is facts in issue?

Answer 19

Elements that compose any offence whether provincial or federal

Question 20

How many primary facts in issues are there? and what are they?

Answer 20

3 facts in issues.

WHO, WHEN, WHERE

Question 21

How many secondary facts in issues and what does it over?

Answer 21

vary depending on crime and is covers the WHAT

Question 22

do the police or crown have to prove all the facts in issue or only most of them

Answer 22

They MUST prove ALL facts in issue. If they dont the bad guys is free

Question 23

what is prima facie case?

Answer 23

Trial where crown attorney has successfully proven all facts in issue beyond reasonable doubt

Question 24

Example:
An offence has 
- 3 primary facts in issue
-  5 secondary in issue
- total of 8 facts in issue 

How many facts in issue do they have to prove to convict?

If all facts in issue are proven this constitutes as a ________?

Answer 24

ALL 8,

“prima facie case”