workbook

Question 1

Q1. What are the five primary objectives of the Winnipeg Police Service?

Answer 1

A1. 1) The safety of the lives and the property of citizens.

2) The preservation of peace and good order.
3) The prevention of crime.
4) The detection of offenders.
5) The enforcement of the law.

Question 2

Q2. List four Minor Service Defaults.

Answer 2

A2. 1) Abuse of Conduct

2) Insubordination
3) Neglect of Duty
4) Improper Maintenance of Firearm

Question 3

Q3. List four Service Defaults.

Answer 3

A3. 1) Discreditable Conduct

2) Improper Use of Firearm
3) Misuse of Liquor or Drugs
4) Neglect of Duty
5) Unauthorized Release of Information
6) Corrupt Practice
7) Abuse of Authority
8) Unlawful Conduct
9) Breach of Any Other Order or Instruction of the Chief of Police or the City of Winnipeg

Question 4

Q4. Who has the authority to determine an appropriate penalty for a minor service default?

Answer 4

A4. The Division Commander shall have absolute jurisdiction on any minor service default committed by a member.

Question 5

Q5. To whom may a member appeal a Minor Service Default and a Service Default?

Answer 5

A5. As a member who has been found to have committed a minor service default, he or she may appeal this decision in writing to the Division Commander within 48 hours. In the case of a Service Default, the member must respond within 10 days to the EACP after being supplied with the details of the allegation and the penalty sought, by declaring in writing whether the matter is being contested or not. In either circumstance, a member may contact a representative of the Association and have them present at any stage of proceedings under these Regulations.

Question 6

Q1. Define “Parties to an Offence”.

Answer 6

A1: Everyone is a party to an offence who:

a) actually commits it (Principal)
b) does or omits to do anything for the purpose of aiding any person to commit it; or
c) abets any person in committing it

Question 7

Q2. Define “Aiding” and “Abetting”.

Answer 7

A2. Aiding means providing assistance or help to the person who actually commits an offence by way of acts or omissions. It is not sufficient that the acts had the effect of aiding a principal to commit an offence; the Crown must prove that the accused person actively rendered assistance to the person who actually committed the offence (actus reus) and did so with the intent to provide such assistance (mens reus). Abetting means instigating, urging or encouraging another person to commit an offence. An accused is liable as a party to the offence if that accused abetted the principal, meaning actively encouraged by words or actions. Merely being present is not enough, unless presence is accompanied by such additional factor as the prior knowledge that the principal was going to commit the offence. The Crown must prove that the accused person actively encouraged the person who actually committed the offence (actus reus) and did so with the intent to provide such encouragement (mens reus).

Question 8

Q3. What is the difference between “Abetting” and “Counselling”?

Answer 8

A3. Counselling is different from abetting because it is only encouragement as opposed to abetting, which requires actual participation or the actual rendering of assistance in addition to encouragement. Usually counselling will be easier to prove than it will be to prove abetting.

Question 9

Q4. Explain the Principle of “Common Intention and Probable Consequences”.

Answer 9

A4. The Principle of “Probable Consequences” extends the liability of the person beyond the act originally intended. It covers the case where, in the absence of aiding and abetting, a person may become a party to an offence committed by another which he knew or ought to have known as a probable consequence of carrying out the unlawful purpose. The expression “intention in common” means only that the party and principal must have in mind the same unlawful purpose and does not require proof of a mutuality of motives and desires between them.

Question 10

Q5. What are the important considerations for a charge of “Counselling”?

Answer 10

A5. To convict someone under this section, certain requirements must be met:

1) It must go beyond a suggestion.
2) The accused must help nurture the idea and participate in the decision to commit the offence.
3) The offence must be committed and it must be at the location where it was counselled to be, but not necessarily in the same manner.

Question 11

Q6. Define “Accessory After the Fact”?

Answer 11

A6. An Accessory After the Fact to an offence is one who, knowing that a person has been a party to the offence, receives, comforts or assists him for the purpose of enabling him to escape.

Question 12

Q7. What are the three essential elements to an “Attempt”?

Answer 12

A7. There are three essential elements to an attempt:

I.A.N.

1) The intent to commit the offence (mens rea).
2) Some act or omission towards committing the offence beyond mere preparation.
3) Non-completion of the offence attempted.

There is no rule of law for determining when the conduct of a person goes beyond mere preparation and becomes an attempt. The decision depends upon the circumstances of each case. However, the act must go so far toward committing the offence that, if there had not been some intervention or interruption, the offence would have been committed.

Question 13

Q8. What are the penalties for Attempts/Accessories?

Answer 13

A8. Penalties for Attempts are the same as for Accessories. It is found under Section 463 and varies depending on the seriousness of the offence involved. An accessory after the fact to an offence punishable by life imprisonment is liable to imprisonment for 14 years with the exception of Accessory after the Fact to Murder, which is also punishable by life imprisonment. If the offence involved is punishable by imprisonment for 14 years or less, the accessory is liable to imprisonment for a term that is one half of the longest term to which a person who is guilty of that offence is liable. If the offence involved is a summary conviction offence, the accessory is punishable on summary conviction.

Question 14

Q1. Define the term “disturbance”.

Answer 14

A1. The interruption of peace, rest or settled conditions; for example, a commotion or disorder.

Question 15

Q2. Define the term “disorderly person”.

Answer 15

A2. One who interrupts a settled condition or commits petty violations against public peace, safety or order.

Question 16

Q3. Define the term “dwelling house”.

Answer 16

A3. The whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes:

a) a building within the curtilage of a dwelling house that is connected to it by a doorway or by a covered and enclosed passageway; and
b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and is being used as such a residence.

Curtilage means a courtyard, field or land including any buildings on it lying near or belonging to a dwelling.

e, the

Question 17

Q4. Define the term “public place”.

Answer 17

A4. A public place includes any place to which the public have access as of right or by invitation expressed or implied.

Question 18

Q5. What three components must be considered when assessing a disturbance call?

Answer 18

A5. The three components that must be taken into consideration are:

1) Time
2) Place
3) Circumstances (condoned or not)

Question 19

Q6. List five ways that a person could cause a disturbance.

Answer 19

A6. According to Section 175(1)(a) of the Criminal Code there are 10 ways in which an individual may cause a disturbance. These are:

1) Fighting: just what the word implies. The mere fact that they are fighting gives cause to arrest.
2) Screaming: without a valid reason.
3) Shouting: again without a valid reason so as to disturb the peace.
4) Swearing: using any form of profane or obscene language. It is not limited to taking “the Lords name in vain”.
5) Singing: singing in a loud voice except at public events.
6) Insulting language: not necessarily loud and boisterous; for example, could be someone approaching an ethnic group and calling them by insulting names.
7) Obscene language: again would not have to be loud, could be an obscene remark to a group of females.
8) Drunk: being drunk in or near a public place is all that is required. Remember I.P.D.A.
9) Impeding: getting in the way of people where they have a right to walk.
10) Molesting: would apply to general nuisances on the street. For example, subversive groups handing out literature or someone who is trying to sell you something on the street.

Under this section, it must be shown that the accused did one of the listed acts, that the accused was not in a dwelling house and that the accused’s acts resulted in a disturbance. The resulting disturbance must be at or near a public place.

Question 20

Q7. Name two statues, other than the Criminal Code, that could be enforced in relation to a disorderly person.

Answer 20

A7. Liquor and Gaming Control Act and Petty Trespass Act

Question 21

Q8. Explain in writing what must occur before Police issue a POA under the Petty Trespass Act.

Answer 21

A8. The person must first receive a warning during the initial contact with the owner, agent, or person authorized by the property owner of a premise wherein that owner or agent does not want any re- attendance of the person onto their premise. Police are not required to be present to validate the warning; however, if a warning was issued by an authorized person of the premise, members will complete a report of the incident. Where a warned person re-attends the premise in question, the conditions of the Criminal Code are satisfied and the warned person is in attendance, the warned person may be served a POA

Question 22

Q1. What are the four classifications of crowds?

Answer 22

A1. There are four classifications of crowds:

1) Casual
2) Cohesive
3) Expressive
4) Aggressive

Question 23

Q2. What information should be obtained by the first officers on the scene of a civil disturbance?

Answer 23

A2. The police officers arriving first on scene must:

1) Advise the Street Supervisor of your arrival.
2) Estimate the size of the crowd.
3) Determine whether criminal offences are occurring, or in the officer’s opinion, are likely to occur.
4) Note any offences and/or suspects and notify the Street Supervisor.
5) Except in extreme circumstances, act only on the direction of the Street Supervisor.
6) If Identification Specialists, Forensic Identification Section are on scene, protect them while they videotape or photograph.

Question 24

Q3. Define “Unlawful Assembly”.

Answer 24

A3. An unlawful assembly is an assembly of three or more persons who, with intent to carry out any common purpose, assemble in such a manner or so conduct themselves when they are assembled as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that they:

a) will disturb the peace tumultuously; or
b) will by that assembly needlessly and without reasonable cause provoke other persons to disturb the peace tumultuously.

Tumultuous means chaotic, disorderly, clamourous or uproarious.

Question 25

Q4. Define “Riot”.

Answer 25

A4. A riot is an unlawful assembly that has begun to disturb the peace tumultuously.

Question 26

Q5. What is the difference between an “Unlawful Assembly” and a “Riot”?

Answer 26

A5. The difference between a riot and unlawful assembly is that an unlawful assembly has not yet begun to disturb the peace.

Question 27

Q6. How many people must be taking part in the disturbance before the proclamation is read?

Answer 27

A6. There must be twelve or more who are unlawfully and riotously assembled and that official is satisfied a riot is in progress.

Question 28

Q7. What period of time is a person allowed to disperse the scene of a riot after the reading of the proclamation before being charged with an offence?

Answer 28

A7. A person is allowed thirty minutes to disperse and depart from a place after the proclamation is made.

Question 29

Q1. Who takes Missing Person reports?

Answer 29

A1. Missing Persons takes MP reports between 07:00 to 23:00 hrs, Monday to Friday (except Statutory Holidays). Calls to the MPU are redirected to Station Duty, Division #11 between 23:00 and 07:00 hrs., Monday to Friday, weekends and Statutory Holidays.

Question 30

Q2. What will be your duties when investigating reports of missing persons?

Answer 30

A2. When taking a report of a missing person, members shall:

1) Conduct a cursory search of the area and any possible addresses where the person might be located. If the search is unsuccessful, contact the Duty Officer and advise them of any information received.
2) Obtain pertinent information from the reporting person or the last person to see the MP (if different from the reporting person), including date, time and location the MP was last seen, complete physical description (any known marks, scars or tattoos, and date of birth), complete description of the clothing worn, description of any medical problems or any mental illness or psychological disorder, name of dentist (if any), any risks the MP has (drug, alcohol or solvent abuse), description of the emotional state of the MP when they went missing, if the person has ever been missing before and where they were located, MP’s cell phone number and any bank card information. This information is valuable to MPU should there be any follow up. MPU is also responsible for any follow up statements and/or video interviews.
3) Conduct a thorough investigation. Obtain a current photograph of the MP if possible and forward it to the MPU for attachment to file and inclusion in media release if necessary. If the MP is a child, conduct a thorough search of the residence if that was the last place the child was seen.
4) Obtain locations where the MP could be and ensure they are all checked, including schools, friends, places regularly visited (i.e., clubs, stores, parks, etc.).
5) Update MPU or, if after hours, Station Duty, Division #11.
6) Ensure that an updated description is broadcast to all units.
7) Prior to the end of shift, update RMS report and brief the Shift Supervisor.
8) When requested to check an address, attend the location, submit an RMS narrative and contact MPU to update the call.

Question 31

Q3. What do we do when we find children on the street?

Answer 31

A3. If we find a child on the street, make every effort to determine where the child lives, and, unless there are extenuating circumstances, drive the child home. Notify CFS and if unable to determine the child’s address, notify CFS and turn the child over to them.

Question 32

Q4. What do we do when we find vulnerable persons on the street?

Answer 32

A4. If officers find a vulnerable person, notify MPU or Station Duty, Division #11 to determine if a MP report has been received. Provide a description and the location where the person was found. If the person is agitated, under any stress or is in need of medical treatment, follow procedures under the Mental Health Act and notify the person’s family or guardian, if possible.

Question 33

Q5. What are the responsibilities of Station Duty, Division #11 in regards to missing persons?

Answer 33

A5. Station Duty members shall:

1) Take all MP reports when Missing Person Co-ordinators are not working.
2) Enter call on RMS and obtain an “R” report number. If a MP report is added to the CAD Dispatch call number, an “R” report will not be generated.
3) If a MP is under the age of 18 years, determine from the parent/guardian where the MP should be taken to when they are located. Update the MP report.
4) Consult the MP Assessment. If the assessment dictates, or if the MP, or the MP’s circumstances, meet the criteria of an Endangered MP, contact Communications Centre via the Police Non-Emergency telephone number and request a unit to be dispatched.
5) Ensure reporting persons have checked all hospitals and other appropriate agencies for the MP.
6) Create a “Missing Persons” workflow in Niche RMS when requesting that CPIC and MPU add, remove or update missing person records. The three workflows (Missing Persons – LOCATED; Missing Persons – MISSING; Missing Persons – UPDATED Information) will replace the process of creating generic tasks to notify CPIC and MPU and will contain pre-populated information that is required by both CPIC and MPU. A manual for creating the Missing Persons workflows is located on PoliceNet under Manuals/Niche RMS.
7) If there is an indication that the MP is going to another jurisdiction, send a CPIC message to advise the appropriate agency. The CPIC message will include instructions on what to do if the MP is found. If the MP is believed to be leaving the city by air, notify the Duty Officer.
8) Ensure MP report (P-16) is updated. The member will update the MP report through NICHE under the Occ. Events/Reports tab of the Person screen, to include where the person was located and action taken. The MP report can also be found on PoliceNet/Manuals/Reports Manual if NICHE is down.

Question 34

Q6. What are the duties and responsibilities of police members in child abductions and parental abductions?

Answer 34

A6. In general, police members shall attend and take the complaint, determine the urgency of the matter after considering such factors as flight risk (i.e., out of country flight leaving in one hour) and notify the Duty Officer if the suspect is believed to be leaving the city. Contact the Duty Officer immediately if there is evidence that the child is in imminent danger of bodily harm or death. Determine if any court orders are in effect and obtain copies.

The Shift Supervisor, District of Occurrence will be notified of all parental child abductions. In certain instances where it is believed the suspect is fleeing the province, the Shift Supervisor will co-ordinate the investigation and consult with Family Law Crown Attorneys or refer investigating officers to them directly.

If a person under the age of 18 years is abducted, the WPS will consider issuing an Amber Alert. The Amber Alert program originated in Arlington, Texas, in 1996 after nine year old Amber Hagerman was abducted while playing in her yard. She was found murdered a few days later following an extensive search. Texas organized a system that encouraged law enforcement agencies to alert the media following a confirmed child abduction. The name of the program is an acronym for America’s Missing: Broadcast Emergency Response System.

Question 35

Q1. What is the purpose of an interview room?

Answer 35

A1. An interview room is used for the purpose of processing and interviewing suspects and accused persons, or speaking with witnesses and victims during the course of an investigation.

Question 36

Q2. What rules should officers follow when they have placed a person in an interview room?

Answer 36

A2. General Interview Room Rules:

1) Only one prisoner is to be placed in each interview room.
2) If leaving a prisoner in an interview room, lock the door.
3) Members will enter interview rooms only for the purposes of conducting investigations, or attending to the needs of prisoners.
4) Members shall not communicate with prisoners they have not arrested in any manner that may adversely affect any subsequent court proceedings.
5) Non-police personnel shall not be allowed access to prisoners in interview rooms without authorization of the Shift Supervisor. Exceptions include the prisoners’ legal counsel, interpreters; additionally, for youths, their parent, an adult relative or any other appropriate adult of their choosing.
6) Panic alarms are located in all interview room areas and may be used by members in emergency situations.

Question 37

Q3. What procedure must be followed when placing a female or youth into an interview room?

Answer 37

A3. Officers must select interview rooms that allow maximal segregation (at least one interview room) between female and male prisoners and between adult and youth prisoners. The door to the interview room will then be labelled with the appropriate sign, i.e., male adult, female adult, male youth or female youth as soon as possible.

Question 38

Q4. What should officers do if prescription drugs are found among the prisoner’s property?

Answer 38

A4. Prescription medication or common medicines will be treated the same as all other prisoner property. Prisoners will not be permitted to take medication while in custody unless authorized by a medical doctor or except in emergency situations such as insulin for diabetes, heart medication and asthma medication. If medication is provided, the prisoner will be conveyed to a hospital and examined by a medical doctor.

Question 39

Q5. What precautions can officers take when dealing with violent prisoners?

Answer 39

A5. Officers will complete the Prisoner Log Sheet section that notes whether the prisoner is suicidal or requests a description of the prisoner’s behaviour. If necessary, officers will secure (handcuff) prisoners who are violent or suicidal to the steel interview tables or in some interview rooms, the steel rails provided for that purpose. Prisoners who are violent or suicidal will be kept under constant observation.

Question 40

Q1. What are four reasons why a building may be insecure?

Answer 40

A1. Four reasons why a building may be insecure are:

1) Neglect (left unlocked)
2) Accidental (car collides with building)
3) Mechanical failure (defective lock)
4) Criminal activity (Break and Enter)

Question 41

Q2. What are three reasons for you as a police officer to attend to an insecure?

Answer 41

A2.

1) Burglar alarm.
2) Citizen complaint.
3) Discovery through regular patrol.

Question 42

Q3. What is the proper procedure at the scene of an insecure?

Answer 42

A3. There are six main steps that should always occur at the scene of an alarm or insecure:

1) Determine if entry gained. The first thing that should be determined upon your arrival is whether or not someone could have gained entry to the building.

For example, you attend to the scene of an alarm. You pull up to the front door of the store and observe a small hole in the front picture window. The hole is about the size of someone’s fist. Could entry have been gained? Perhaps not at that point, but should we let our guard down or should we continue with a perimeter search of the building to determine if there are any other points of possible entry. Remember to ALWAYS TREAT THE CALL AS IF CRIMINAL ACTIVITY IS OCCURRING!

Once you have determined if entry could have been obtained you should immediately advise Dispatch and any other cars that may be attending or others that may be in the area.

2) Determine if culprit(s) still inside. Try and determine if there is still someone inside the premise. This may be determined quite easily as it may be evident by what you see or hear, or perhaps footprints lead in but not out.

Once again, this information is invaluable and should be passed on to dispatch and other cars immediately!

3) Secure the area. Regardless of the possibility that someone is or is not inside, the premise must be secured until that possibility is negated. We will discuss how to secure a building further on in the section.
4) Protect physical evidence. Often at the scene of a break in, there will be physical evidence in one form or another. You must take steps to protect that evidence. For example, you may have to seize break in tools, cover footprints or tire tracks from the elements such as rain or snow until the arrival of the Identification Unit. You may have to be ingenious as to the methods you use to protect evidence, as supplies may not be readily available or capable of protecting the type of evidence you encounter.
5) Call for search assistance. The type and size of building may dictate that further assistance is required. If you feel that further personnel or units are required, do not hesitate to ask dispatch for more.

A Canine Unit, Flight Operations Unit or Tactical Support Team may be more effective searching a building than any number of police officers and much safer should suspect(s) still be inside the building and refusing to exit.

6) Check adjacent buildings. Quite often, suspects will break into one complex to permit them access to another. Never be satisfied with finding one premise entered. Always consider the possibility of further entries and further buildings or sites that must be secured until a proper search can be conducted.

Many police officers have secured one building, searched it and cleared the scene only later to find out that the culprits had gained access to an adjoining building and made off with goods from there as well. This is a very embarrassing situation and one that can be extremely dangerous at the time, if not noticed.

Question 43

Q4. What is the WPS alarm policy on residential and commercial distress alarms?

Answer 43

A4. WPS shall respond AFTER the alarm company has attempted to verify the alarm status by calling the premises first for residential and commercial distress alarms.

Question 44

Q5. What is the general procedure for burglar alarms?

Answer 44

A5. Members assigned will voice their arrival as well as input their status. Members in the first unit to arrive will, if practicable, take up positions on opposite corners of the premises and maintain radio contact. Members of the first unit to arrive will wait for the arrival of the second unit before converging on the building. When entry to the building is confirmed, officers will request a member of the Canine Unit to attend.