Criminal Code

Front 1

Enforcement Priorities

Back 1

Alcohol and Tobacco

Currency and Monetary Instruments

Firearms and Weapons

Hazardous Waste

Jewelry and Watches

Drug and Precursor Chemical

Obscenity and Hate Propaganda

Endangered Species- CITES

Counter Terrorism

Our Missing Children

Child Pornography

Trafficking in Persons

Front 2

Customs Act Offences

Back 2

Narcotics

Firearms

Child pornography

Significant quantities of controlled/regulated goods (alcohol or tobacco)

Revenue evasion

Hindering an officer

Front 3

Designated Officers - Customs Act

Back 3

163.4(1) - Designation by President: designate any officer to part and provide certificate of designation

163.4(2) - Admissibility of Certificate: admissible as proof of Officers Designation, w/o proof of signature, or character of person to have signed it

163.5(1) - Powers of Designation Officers: powers and obligations of Peace Officers under section 495 and 497, and 498(1)(a) and (b) of Criminal Code & 495(3) and 498(3) of the Criminal Code

**no Designated Officer will exercise powers unless:

1- POE has adequate detention capability

2- POE has police agreement in place

Front 4

First Response Mandate

Back 4

- ID the offence

- Detain or Arrest

- Process per CBSA EN manual procedures

- Refer the individual to Responding Police Agency

Front 5

Canadian Charter of Rights and Freedoms

Back 5

7 - Everyone has the right to life, liberty, and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice

8 - Search and Seizure: everyone has the right to be secure against unreasonable search and seizure

9 - Detention or Imprisonment: everyone has the right not to be arbitrarily detained or imprisoned

10 - everyone has the right on arrest/detention:

a) to be informed promptly of the reason therefore,

b) to retain and instruct counsel without delay and 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

24 - Emforcement of guaranteed rights and freedoms: if person's rights are violated, courts can reverse legal action. Can result in loss of evidence, loss of statements, loss of court case, civil suit of officer

Front 6

Reasonable Grounds

Back 6

Grounds to Suspect- need multiplicity of indicators

Grounds to Believe- multiplicity of indicators, or one, and arrest after proof

Front 7

4 Reasons for Detention

Back 7

Disrobement *

Drug Loo

Dismantle of vehicle *

Waiting for arrest warrant confirmation

* get advance permission from superintendent

** Detention for 24 hours or more: must request grounds to be reviewed by Chief of Operations. Renew request each 24 hours

Front 8

Offences

Back 8

Summary Offence- less serious

Indictable Offence- punishable, more serious, hearings and trials in front of judge and or jury

Dual/Hybrid Offence- both summary and indictable. Considered indictable until ruled otherwise.

Front 9

Subsection 495(1) - a peace officer may arrest without warrant

Back 9

A) a person who has committed an indictable offence/believes they have/about to commit

B) a person whom he finds committing a criminal offence

C) reasonable grounds to suspect warrant and is within territorial jurisdiction where person is found

Front 10

Subection 495(2) - limitations to arrest

Back 10

Peace Officers shall not arrest without a warrant for:

A) an indictable offence mentioned in section 553

B) offence where the person may be prosecuted by indictment or punishable on summary offence

C) an offence punishable on summary conviction

Front 11

RICE (arresting within limitations)

Back 11

RICE is used only when dealing with limitations

R- repeat offences: if I do not arrest, will the subject repeat the offence?

I- identification: does the subject have sufficient ID with them?

C- court: will the subject fail to appear in court? (CPIC shows previous failure to attend/subject lives outside of Canada/subject province elsewhere in Canada/subject residence more than 200 Km from POE)

E- evidence: the only way to secure or preserve evidence is to arrest

Front 12

497 Apperance Notice

Back 12

497 issue of appearance notice by a peace officer. Issued only when:

- indictable offence under 553

- dual procedure offense

- summary conviction offence

And RICE was met so no arrest

Front 13

498(1) release from custody: arrest without warrant

Back 13

Peace officer must asap release if:

Peace officer intends to compel the person's appearance by way of summons

The Peace officer issues an appearance notice to the person

Front 14

Hindering an Officer (section 153.1) (customs act)

Back 14

Interfering and adversely affecting processing or travellers and goods. Napping travellers story

Front 15

Obstructing an Officer (criminal code) section 129

Back 15

Prevents officer from performing criminal code duties (demanding breath samples/processing individuals with outstanding warrants/possession of property obtained by crime/abducted or kidnapped persons)