Transit Final Study Guide Flashcards
1
Q
What are the 3 privacy interests a person has when being searched?
A
- Personal privacy
- Territorial Privacy
- Informational Privacy
2
Q
Search Incident to Arrest
A
A warrantless search of a person and the area around the person, conducted shortly after an arrest.
3
Q
Substantive Law
A
WHAT the law is.
Law that defines, describes, regulates and creates legal and obligations.
4
Q
Section 26
A
You are responsible for the consequences that come from use of force, civialy and criminally.
5
Q
All laws must be consistent with the ___________ or they have no force or effect.
A
The Charter
6
Q
How do you appeal a complaint made against you?
A
File a written notice to the Law Enforcement Review Board outlining why the review should be withdrawn within 30 days of receiving written notice of the complaint.
7
Q
Section 7 of the Charter.
A
Right to life, liberty and security.
8
Q
What are the 3 legislations governing PO’s?
A
Peace Officer Act
Peace Officer Act Regulation
Peace Officer Act Ministerial Regulation
9
Q
Section 8 of the Charter
A
Everyone has the right to be secure against unreasonable search or seizure.
10
Q
What is psychological detention?
A
When PO conduct makes a citizen believe that their freedom is impeded without having explicitly being told so or physically restrained.
11
Q
What are the 3 sources of law?
A
Common law, constitutional law, statutes and bylaws
12
Q
Unendorsed Warrant
A
Not signed off by a judge, the subject must be brought to APU to see a JP.
13
Q
What is the burden of proof in a criminal case?
A
Beyond a reasonable doubt.
14
Q
Who should inform you and how often should you be updated regarding your complaint?
A
Your employer, every 45 days.
15
Q
What 5 things need to be on an appearance notice?
A
- When the offence took place
- Date of the offence
- Section
- Fine amount
- Docket number
16
Q
Form 21 Warrant
A
Pay or stay- pay the fine or spend time in jail in lieu
17
Q
Define arrest
A
The actual seizure or touching of a persons body in combination with saying the words of arrest.
18
Q
What is the purpose of arrest
A
Facilitate charging the accused and compelling them to court to answer for the charge.
19
Q
What are the steps to an arrest?
A
- ID yourself as a PO
- Tell the subject they are under arrest and why
- Take physical custody
- Charter and Caution
- If pursuant to a warrant, provide when practical
20
Q
Section 10 of the Charter
A
Everyone has the right on arrest or detention:
a) to be informed promptly of the reasons therefore;
b) to retain and instruct counsel without delay to be informed of that right;
c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful
21
Q
What are 3 options a complaint disposition may have assigned, following investigation?
A
Unfounded, unsubstantiated, merit in whole or in part
22
Q
Plain View Doctrine
A
Must be lawfully placed, must come across it by suprise, must be clear that it is evidence
23
Q
Section 27
A
You can use as much force as necessary to prevent the committal of an offence.
24
Q
What section(s) of the Peace Officer Act managers complaints?
A
Section 14 and 16
25
What are the 4 types of misconduct?
Discreditable conduct, excessive use of force, insubordination, neglect of duty
26
Form 7 Warrant
A warrant that is either endorsed or unendorsed. (Commital)
27
Endorsed Warrant
A warrant that is signed off by a judge, can be released on an appearance notice.
28
What is the vision of the Public Security Peace Officer Officer Program?
Improve communication, coordination, and collaboration with CPS and clarify roles, responsibilities, and accountability and establish consistent provincial standards.
29
Under what section of the Peace Officer Act can you find the Employer Authorization?
Section 5
30
What 3 jurisdictions do acts fall under?
Federal Acts
Provincial Acts
Municipal Acts
31
Who holds the burden of proof in a civil trial?
The plantiff
32
What is a Consent Search?
A search that is conducted with the consent from the subject who has the authority to grant it. Consent can be revoked at any time.
33
Where does our legal authority to use force come from?
Sections 25, 26 and 27 of the Criminal Code
34
Common Law is also known as?
Case Law
35
What 4 factors must be considered when determining whether to issue a pink or yellow ticket?
Seriousness of the offence, # of previous convictions, # of outstanding proceedings, out of province DL
36
What is the burden of proof in a civil case?
Preponderance of evidence
37
Section 25 of the criminal code
You are permitted to use as much force as necessary to gain compliance.
38
Procedural Law
HOW the law is applied- Law that establishes the method of enforcing the rights established by substantive law
39
Describe section 494
494 (1) Anyone may arrest without warrant:
(a) a person whom he finds committing an indicatable offence; or
(b) a person who, on reasonable grounds, he believes has committed a criminal offence and is escaping from and freshly pursued by persons who have lawful authority to arrest that person
40
How must be a complaint against an officer be made?
In writing
41
Section 9 of the Charter
Everyone has the right not to be arbitrarily detained or imprisoned.
42
2 Common Laws that have become statute:
A man is not obliged to accuse himself.
Innocent until proven guilty.
43
What are the 4 parts to a violation ticket?
Part 1- Court copy (affidavit)
Part 2- Summons (pink)
Part 3- Offence Notie (Yellow)
Part 4- Police record
44
3 criteria of a search to ensure it complies with Section 8 of the Charter:
The arrest must be lawful.
The search must have been conducted incidental to the lawful arrest
The search itself must have been carried out in a reasonable manner
45
Section 28 of the Criminal Code
We can execute an arrest for warrants so long as we believe on good faith that the person we are arresting is the person named on the warrant.
46
What is the purpose of a PO's employment?
Preservation and maintenance of public peace
47
What 3 aspects must be met for use of force to be considered justified?
Reasonable, necessary, proportionate
48
What are the ages of a youth?
12-17
49
Extrajudicial Measures
A way of managing youth offences outside of the court system through means such as warning or no further actions. (Informal)
50
Extrajudicial Sanctions
A way of managing youth offences outside of the court system when extrajudicial measures are not effective. Sanctions include taking part in counselling or community service. (Formal)
51
What is section 26 of the YCJA?
Notice to Parents
52
When must a notice to parents be provided?
-If the young person has been arrested and detained in custody
-A summons or appearance notice is issued to the young person
-Young person is released on giving a promise to appear
-Upon the young person entering into a recognizance
53
4 Steps to verbally trespassing someone:
1. Provide reasonable opportunity for trespasser to leave property
2. Document the number of times verbal notice was given
3. Provide final verbal direction to leave the property
4. Physical force as last resort
54
Section 5(1) of the Trespass to Premises Act
A trespasser may be apprehended without warrant by:
a) any peace officer, or
b) the owner or an authorized representative of the owner of the premises in respect of which the trespass is committed
55
What is the purpose of the Trespass to Premises Act?
Prevent the wrongful entry of person(s) onto land and/or into buildings and addresses trespassing in urban areas
56
Under the Petty Trespass Act, what does section 4 allow?
Apprehension without warrant
57
What section of the PTA provides arrest autauthority?
Section 5(1)
58
What is the process of trespassing someone? (7)
1. Give reasonable opportunity
2. Final verbal direction
3. Caution for the use of force
4. Remove the offender
5. Caution for obstruction and assault charges
6. Remove trespasser
7. Lay charges
59
Define Trespass
A wrongful entry onto land or into buildings
60
How may notice not to trespass be given to a person?
Orally, in writing or by signs
61
In what circumstance, if any, can a young person possess Cannabis?
If they have a medical licence
62
Our authority to enforce the Gaming, Liquor, and Cannabis Regulation is restricted to which section(s)?
Section 87.1
63
How much cannabis are you legally able to possess?
4 plants at home, 30 grams
64
What is section 115 of the GLCA?
Intoxication arrest
65
Why might an intox arrest occur?
-The subject is a risk to themselves or others
-The subject is a nuisance or annoyance or disturbance to others
-They are in such a condition that they are incapable of caring for themselves
-Impaired judgement
66
Section 53 of the Police Act
CPS must provide us with a lock up facility to bring our intox arrests to
67
When may a youth consume alcohol?
When a parent or guardian gives it to them in a residence or temp. residence.
68
How long an someone be held on an intox. arrest?
No more than 24 hours
69
What section allows us to search and seize liquor?
107
70
What are the 7 protected areas of the Alberta Human Rights Act?
- Publication, signs and notices
- Goods, Service, Accommodation and Facilities
-Tenancy
- Equal pay
- Employment practices
- Job applications and advertisements
- Membership in trade union, associations
71
Protected Grounds under the Alberta Human Rights Act
Race, religious beliefs, color, gender, gender identity, gender expression, ancestry, place of origin, marital status, source of income, family status, sexual orientation, age, mental disability, physical disability
72
What is the statute of limitations on Alberta Human Rights Complaints
1 year
73
What requirements must a human rights complaint fall within?
At least one protected area and one protected ground
74
What is the hierarchy of emergency vehicles as per 63(3) of the Use of Highway Rules of Road Regulations?
Fire, ambulance, police, gas detection, any other emergency response unit
75
What is our arrest authority under the TSA?
Section 169
76
In what circumstances does section 169 of the TSA allow us to arrest?
If the person has committed an offence in respect of the provisions set out in subsection 2, repetition, identification
77
Section 61 of the Use of Highway Rules of Road Regulation
We may direct traffic (a) to ensure orderly movement of traffic,
(b) to prevent injury or damage to persons or property, or
(c) to permit an accident or emergency to be dealt with
78
What are the most common causes of in-custody deaths?
Alcohol intoxication and drug overdose
79
What is a case law related to duty of care?
R.v Fortey
80
What does the R.v. Fortey case law state?
Peace Officers must exercise judgement on behalf of an intoxicated or injured individual, including the decision to seek medical assistance.
81
What 5 things do you need on an Appearance Notice?
o Original offence date
o Penalty
o Offence location
o Docket number
o The offence section
82
What is the Calgary Court address?
601 5 St SW, Calgary AB
83
If the Appearance Notice is for a transit offence, what is the court number?
JPC
84
If the Appearance Notice is for a CPS offence, what is the court number?
CMO
85
Form 21 warrant
Pay or stay (committal warrant)
86
Form 7 Endorsed
Warrant that is signed off by the judge. Can be released on an appearance notice.
87
Form 7 Unendorsed
Warrant that is not signed off by the judge. Needs to be booked into APU.
88
How do we handle unendorsed bylaw warrants?
Appearance notice
89
What do you need to request from CPIC when transporting an unendorsed warrant to APU?
CR2 and a copy of the warrant be sent to APU.
90
What is the max penalty under the MGA?
$10,000 or one year in jail
91
What is our enabling document?
60M86S
92
Strict Liability
Can use intent as a defence. (Pink ticket)
93
Absolute Liability
Simply have to prove on offence took place. Cannot use intent as a defence.
(Yellow ticket)
94
What does section 555 of the MGA say?
Bylaw officers are responsible for the preservation and maintenance of public peace and must take an official oath
95
What does section 556 of the MGA say?
The powers and duties of bylaw officers. 60M86
96
What is the legislation governing peace officers?
Peace Officer Act
Peace Officer Act Regulation
Peace Officer Act Ministerial Regulation
97
How must complaints be made against a PO?
In writing
98
Why might an investigation be abandoned?
If the complaint is:
Frivolous, vexatious or made in bad faith
99
What are the dispositions of complaints?
Unfounded, Unsubstantiated or Merit in Whole or in Part
100
What are the 4 types of misconduct?
Discreditable conduct
Excessive use of force
Insubordination
Neglect of Duty
101
What 4 factors must be considered when determining which violation ticket to issue?
Seriousness if the offence
# of previous convictions
# of outstanding proceedings
Out of province DL
102
What are the 3 sources of law?
Common law
Constitution law
Statutes and bylaws
103
Substantive law
WHAT the law is
Law that defines, describes, regulates, and creates legal rights and obligations.
104
Procedural Law
HOW the law is applied
Law that establishes the methods of enforcing the rights established by substantive law.
105
Define arrest and explain its purpose.
The actual seizure or touching of a person's body in combination with saying the words of arrest.
The purpose is to facilitate charging the accused and compel them to court to answer for said charge
106
Section 7 of the Charter of Rights and Freedoms
Right to life, liberty, and security of the person
107
Section 8 of the Charter of Rights and Freedoms
Search or Seizure
-Everyone has the right to be secure against unreasonable search or seizure
108
Section 9 of the Charter of Rights and Freedoms
Detention or imprisonment:
Everyone has the right not to be arbitrarily detained or imprisoned.
109
Section 10 of the Charter of Rights and Freedoms
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 habeas corpus and to be released if the detention is not lawful.
110
Section 494 of the criminal code
494 (1) Any one may arrest without warrant
(a) a person whom he finds committing an indictable offence; or
(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.
111
What appointments do we hold?
Bylaw Enforcement Officer
Peace Officer Appointment
112
POPA max penalties?
$2,000, 6 months imprisonment, or both
113
What section of POPA bridges to Criminal Code?
Section 3 of POPA to 495 of the criminal code
114
What are the 5 requirements to refer to notes?
-When did you write the notes?
-Were they made in your own writing?
-Did you right then when they were fresh in your mind?
-Have there been any additions or deductions?
-Do you need them to refresh memory?
115
Section 27 of the CC
Allows PO's to use force to stop a commission of an offence
116
How must a search comply with section 8 rights?
Authorized by law
The law itself is reasonable
The search is done in a reasonable manner
117
General penalties under the GLCA
$10,000, 6 months in jail or both ($50,000 for a business)
118
4 Public Interest Considerations
Seriousness of the offence
Number of previous convictions
Number of outstanding proceedings
Whether license is out of province or not
