TPA Flashcards
What is not a premise?
MOVING aircraft, Sidewalks and Highways
Name 3 examples of a premise / land / structure
- 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
What is an occupier?
Any person on premise who has authority to regulate access of person entry to premises.
owner, employee, security person
True or False - the occupier does not have the authority to prohibit entry
FALSE - the occupier does have the authority prohibit entry
True or False - the owner when present he/she supersedes all other occupiers.
TRUE
True or False - an employee and security personal are not automatically an occupier unless the owner specifically tells them they aren’t
FALSE - they ARE automatically occupiers and can regulate access unless other wise stated.
who create rules regarding entry and removal of their property
owner/ occupier
Does anyone have the right to enter a private owned premise?
No, It is a privilege and can be taken away
True or False - the owner/ occupier need a specific reason to remove someone or prevent them from entering the premise
FALSE- dont need specific reasoning.
does any person have implied consent to walk up to an entrence of a property with no sign or fence
YES - If there is a sign or a fence then implied consent does not apply and you may no approach
What 2 ways can an owner and or occupier give notice of prohibition (to leave)
Verbal and Written
during written notice what does the owner/ occupier have to say
Date, state the owner occupier name and clearly state they are prohibited.
what does the owner/occupier have to say and do when giving verbal notice to leave?
- Make sure it is directed to one specific person
- Identify yourself as owner/ occupier
- Use words like prohibit, enter, premises
do you have to give leal notice when prohibiting a person
No- TPA does not state that you have to give legal notice.
If police get called who has to tell the person to leave police or owner/ occupier
Owner/occupier
what is verbatim
Word for Word - NO parahrasing
If you give verbal notice to leave do you need a witness
NO
what is automatic prohibition?
It is when you automatically are trespassing. On someones lawn, agriculture and/or when there is a fence
what is facts in issue?
Elements that compose any offence whether provincial or federal
How many primary facts in issues are there? and what are they?
3 facts in issues.
WHO, WHEN, WHERE
How many secondary facts in issues and what does it over?
vary depending on crime and is covers the WHAT
do the police or crown have to prove all the facts in issue or only most of them
They MUST prove ALL facts in issue. If they dont the bad guys is free
what is prima facie case?
Trial where crown attorney has successfully proven all facts in issue beyond reasonable doubt
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 ________?
ALL 8,
“prima facie case”
