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126 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What is Law? |
A series of rules that govern society. |
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What are the 3 types of law? |
1. Common Law (early or traditional law) 2. Statute Law (written law enacted by govt) 3. Case Law (law based on previous court decisions) |
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2 Categories of law |
1. PROCEDURAL Law (how law is ENFORCED and ADMINISTERED) 2. SUBSTANTIVE Law (consists of RIGHTS and duties of each person in society) |
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Courts (5) |
Supreme Court of Canada Supreme Court of Ontario Superior Court of Justice - Criminal Ontario Court of Justice - Criminal Provincial Offences Court |
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Who can lay an information? |
Anyone on RG, believes that a person committed an INDICTABLE offence may lay an INFORMATION - IN WRITING AND UNDER OATH BEFORE A JUSTICE. |
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3 types of judges: |
Superior Court Judge Provincial Court Judge Justice of the Peace |
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Classification of offences (3): |
Summary Conviction Hybrid/Dual Procedure Indictable |
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What does TIPP stand for and when would you use it? |
T - TIME & date I - IDENTITY of accused P - PLACE of offence P - PLUS elements of the offence Let's be real here, acronym should be TIPE To prove the FACTS IN ISSUE - BEYOND a REASONABLE DOUBT.
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What are the 2 elements for a Criminal Offense? |
Mens Rea - Intent - Guilty Mind Actus Reus - Guilty Act |
Latin |
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How do we commence charges against someone? |
Lay an Information. |
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What information is needed for an Information? (2) |
1. Name of accused 2. Charge(s) against them |
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What is a criminal offence? |
A breach of any federal law. |
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What does it mean to "find committing"? |
SEEING the person actually COMMIT the OFFENCE OR SEEING that person COMMIT the OFFENCE AND PURSUING IMMEDIATELY and CONTINUOUSLY UNTIL they are ARRESTED. |
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Reasonable Grounds def: |
A set of facts or circumstances which would satisfy a cautious and prudent person that there is reason to believe and goes beyond mere suspicion. |
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Define arrest: (2) |
(a) an arrest is made when you take or get PHYSICAL CONTROL of a person with INTENT to DETAIN (b) a person who ACQUIESCES and ACCOMPANIES a PEACE OFFICER, with the UNDERSTANDING or BELIEF that their LIBERTY has been TAKEN AWAY |
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Define accused: |
A person whom a peace officer has ISSUED an APPEARANCE NOTICE and a person ARRESTED for a CRIMINAL OFFENCE |
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Charge is laid when? |
An INFORMATION is SWORN BEFORE a JUSTICE and a prosecution is initiated. |
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Appearance Notice is: issued by? What must be done after? |
- A document ISSUED by a PEACE OFFICER requiring a person to APPEAR IN COURT, FINGER PRINTS, and answer to charge - Not yet charged until an INFORMATION is sworn - done BEFORE COURT DATE |
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Summons def: |
A document that compels a person to court; requires person to appear in court, and answer to charge |
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Promise to Appear (PTA) |
A document requiring person to appear in court, finger prints, and answer to charge |
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Recognizance def: issued by? Form 11, how much deposit? Form 32, how much deposit? |
Issued by OIC or Form 32 issued by Justice/Judge Form 11 can be with or without $500 max deposit to ensure appearance in court Form 32 can be with or without deposit; any amount can be imposed to ensure compliance. |
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OIC Undertaking |
A set of conditions that can be attached to a PTA or Form 11 (OIC) Recognizance |
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Justice/judge Undertaking |
Can be by itself with conditions by Justice/Judge (surety) |
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Subpeona: |
Directs a person, usually a witness, to give evidence and bring anything in relation to the matter in court. |
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Warrant |
Legal doc issued by court which commands a peace officer to arrest a person and bring them to court. |
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Lawful authority |
Authorized by law, acting in good faith |
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Acting in Good Faith |
With an honest intention and free from any knowledge of irregularity. |
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Justified |
Protected from criminal and civil liability |
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Detention |
A restraint of liberty other than arrest |
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What does RCA stand for and when is it used? |
Recognize the offence Classify the offence (indictable, dual, summary) Authorities (find committing, RG) Used when attending an incident. |
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What does PIC stand for and what is it used for? |
Prevent continuation of the offence Investigate the offence Court - to ensure they attend Used to determine whether or not to arrest. |
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What do you need to know about 553 offences? |
Absolute Jurisdiction of a provincial court judge; Accused cannot elect to have a judge and jury |
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553 offences include: |
Under (dual) Moral (indictable/dual) Miscellaneous Compliance Drugs |
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Peace Officer includes: |
Police officer, police constable, bailiff, constable, or other person employed for the preservation and maintenance of the public peace or the service or executions of civil process |
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Police Officer |
Employed for the preservation and maintenance of the public peace |
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Anyone may arrest who: (2) |
1. A person whom he finds committing an indictable offence 2. A person who on RG believes, - has committed a criminal offence AND - is escaping and freshly pursued by persons with lawful authority to arrest |
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When can an owner of property arrest? 1. Who can arrest? 2. If what? 3.Where? AND 4. when? 5. Or when else? |
1. The owner, OR a person in lawful possession of property, OR a person authorized by the owner 2. May arrest w/o warrant if they FIND them COMMITTING a CRIMINAL OFFENCE 3. On or in relation to that property; AND 4. They make the arrest at the time OR 5. They make the arrest within a reasonable time after the offence is committed AND they believe on RG that it is not feasible in the circumstances for a peace officer to make the arrest |
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After performing a citizen's arrest you shall? |
FORTHWITH deliver to PEACE OFFICER. |
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A peace officer may arrest w/o warrant when: 3 |
(a) a person who has committed an INDICTABLE OFFENCE OR who on RG, he believes has committed OR is about to commit an INDICTABLE offence. (b) a person whom he FINDS COMMITTING a CRIMINAL OFFENCE; OR (c) a person in respect of whom he believes has REASONABLE GROUNDS to believe a WARRANT OF ARREST OR COMMITTAL, in any form set out in part XXVIII in relation thereto, IS IN FORCE within the TERRITORIAL JURISDICTION in which the person is found. |
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When can a peace officer arrest w/o warrant accused on interim release? 1. Grounds? 2. What has he done? 3. Or this? OR 4.what has he done? 5. After what? |
1. A peace officer who believes on RG that an accused 2. Has contravened or 3. Is about to contravene any (same as below) OR 4. Committed an INDICTABLE offence after any summons, appearance notice, PTA, undertaking, or recognizance was issued or given to him or entered into by him. |
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What is a breach of the peace? |
Adult time out - Whenever harm is actually or likely to be done to a person or his/her property, or a person is in fear of being harmed through an assault, affray, or riot - Think of health and safety, people and property |
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When can you arrest for Breach of the Peace? 1. Who? 2. Grounds? 3. What are they doing? 4. What is the charge? |
1. Police officer 2. Witnesses breach of the peace OR REASONABLE GROUNDS a person 3. is about to join in or renew breach of peace 4. Only procedural, NO CHARGE |
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6 steps to proper arrest: |
1. Identity yourself as a Police Officer 2. Tell the person he is under arrest (judges rule) 3. Tell the person the reason for the arrest (10a) 4. Take Physical Control 5. Inform him of his Rights to Counsel (10b) 6. Ensure he understands the reason for the arrest and his Rights to Counsel |
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What is the purpose of the primary caution? |
Comply with judges rules regarding the admissibility of an accused's statement; it assists in proving the VOLUNTARINESS OF STATEMENTS |
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Purpose of secondary caution |
Minor inducements |
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When is a prosper warning given? |
Only when they ask for a lawyer then change their minds. Must make sure they understand they are giving up their constitutional rights. |
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A peace officer shall NOT ARREST a person without warrant for: (3) when what? |
a) 553 indictable offences b) dual procedure offences c) summary conviction On RG that PRICE is satisfied |
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What does PRICE stand for and what is it used for? |
Public Interest Repetition or continuance Identity Court Evidence
If price is met, you shall not arrest. |
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When not arresting, an appearance notice can be issued for? 3 |
1. 553 indictable 2. Dual Procedure 3. Summary Conviction |
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What is habeas corpus? |
Body before the court. To have the validity of detention determined by court and be released if detention not lawful (bail hearing) |
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Justified def |
Protected from criminal and civil liability. |
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Protection of persons acting in authority. 1. 1. Who? 2. To do what? 3. If? |
1. Everyone required or authorized by law 2. To do anything in the administration or enforcement of law 3. If acted on RG is justified in using as much force as necessary for that purpose |
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Are you justified to use force in executing a process or to carry out a sentence? |
Yes. Where a person is required or authorized by law to execute a process or to carry out a sentence, that person or any person who assists him is, if that person acts in good faith, justified in executing the process or in carrying out the sentence notwithstanding if it is defective or issued without jurisdiction. |
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Not justified in causing grievous bodily harm (GBH) or death UNLESS |
On RG is necessary to protect self or others from such. |
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A peace officer or anyone assisting may use force intended to cause GBH or death to person being arrested 1. if? 2. And? |
Necessary to protect anyone from imminent or future death or GBH AND flight cannot be prevented in a less violent matter. |
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Can you use force on a dangerous inmate who has escaped prison? |
Yes, if less violent manners aren't an option. Peace officer who believes on RG the inmate poses a threat of death or GBH to anyone; AND Escape cannot be prevented by reasonable means in a less violent manner |
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What if you use too much force? |
Everyone authorized by law to use force is criminally responsible for any excess thereof |
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Will you be held criminally responsible if you use force to prevent the commission of an offence? |
No Everyone is justified in using as much force as necessary to prevent the commission of an offence, If committed, might be arrested without warrant AND Likely to cause immediate and serious injury to person or property of anyone |
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What are the rights of a person charged with an offence? (5) |
1. To be informed without reasonable delay of the specific offence 2. Be tried within a reasonable amount of time 3. Not to be compelled to be a witness in proceedings against that person in respect to the offence 4. Presumed innocent until proven guilty 5. Not to be denied reasonable bail |
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Acronym for s. 7,8,9,10,24 CA |
LSDA24 Life liberty and security Search and seizure Detained or imprisoned (arbitrarily) Arrest or Detention 24 - Remedy |
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What is the remedy s.24 CA? |
24 (1) CA - anyone may apply to court of competent jurisdiction if rights have been infringed or denied 24 (2) CA - evidence obtained in a manner that infringed or denied rights, shall be excluded, having regard to all the circumstances, the admission of it would bring the administration of justice into disrepute |
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You arrest someone for theft under $5,000. PRICE is satisfied. To compel to court you may: (2 options) |
Issue an appearance notice Or Swear a criminal information and serve a summons |
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Once you have detained or arrested someone, how can you release them? (6) |
Unconditionally Apply for criminal summons Appearance notice Promise to Appear (OIC) OIC Recognizance Justice/Judge Recognizance/Undertaking |
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After arrest, what do you need to satisfy to release? |
PRICES Public Interest Repetition Identity of accused Court Evidence Safety and security of victim |
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OIC - Recognizance- Without Deposit |
Release on recognizance without deposit of max $500 |
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What if it's an out of towner mr OIC? |
Release on recog with deposit of max $500 when not a resident OR does not reside within 200 km |
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For the purpose of arrest all ______ offences will be considered ______ offences |
Dual Procedure Indictable |
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What is a bail hearing? |
When accused is not released, then accused is taken before a Justice to determine suitability for release prior to being tried in court or sentenced. |
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What is a show cause hearing? |
The crown must show why the accused should be held in custody on primary, secondary, or tertiary grounds. |
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Show cause: primary grounds: |
To ensure attendance in court |
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Show cause: Secondary Grounds: |
Protection/safety of the victim and witnesses, likelihood accused will commit a criminal offence if released or interfere with administration of justice. |
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Show cause: Tetriary grounds: |
Maintain confidence in administration of justice, including: STRENGTH of prosecutor's case GRAVITY of offence CIRCUMSTANCES surrounding the offence, including if FIREARM is used Accused has potential to a LENGTHY term of IMPRISONMENT |
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Reverse Onus |
The accused must show why he should be released. |
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Warrant in the 1st instance, how to: |
Police swears on an information to arrest for a charge |
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Bench Warrant: |
Judge issues a warrant of the accused FAILING TO APPEAR FOR COURT |
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Material Witness Warrant: |
Issued to compel a witness to give evidence in court (after subpoena is already issued) allows to arrest |
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Committal Warrant: |
To bring an accused to detention centre when sentence was given. |
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Warrant deemed to be Executed when? |
Accused is before the court (paper and body meet) |
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A person commits assault when: (3) |
1. WITHOUT CONSENT, applies FORCE INTENTIONALLY, DIRECTLY or INDIRECTLY 2. ATTEMPTS or THREATENS, by ACT or GESTURE to APPLY FORCE, person to believe on RG has the present ABILITY to EFFECT 3. WEARING or CARRYING a WEAPONS or IMITATION thereof, ACCOST, IMPEDES, or BEGS |
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Weapon def |
Anything USED, DESIGNED, INTENDED FOR use in CAUSING DEATH or INJURY OR Anything USED, DESIGNED, or INTENDED FOR use for the purpose of THREATENING or INTIMIDATING a person and INCLUDES any FIRE6ARM |
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No CONSENT is obtained where complainant submits or does not resist by reason of: (4) |
1. APPLICATION of FORCE to complainant or other 2. THREATS of fear of force to complainant or other 3. FRAUD 4. The exercise of AUTHORITY |
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What makes it a level 2 assault? 1 or 2 or 3 |
Assault Cause Bodily Harm / With a Weapon 1. CARRIES, USES, or THREATENS to use WEAPON or IMITATION OR 2. Causes BODILY HARM to complainant 3. CHOKES, suffocates, or strangles complainant |
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What is bodily harm? |
More than trifling or merely transient |
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What is a level 3 assault? |
AGGRAVATED ASSAULT WOUNDS, MAIMS, DISFIGURES, or ENDANGERS LIFE. |
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Maims means: |
Loss of ability to fight back |
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A wound is: |
Stab |
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Assault Peace Officer |
1. Assault a public officer ENGAGED IN THE EXECUTION OF HIS DUTY or a person in aid of officer 2. Assaults person WITH INTENT TO RESIST or PREVENT THE LAWFUL ARREST of HIMSELF or other 3. Assaults person, Engaged in lawful execution of process against land or goods or making lawful distress of seizure; or With intent to rescue anything taken under lawful process, distress, or seizure |
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What does it mean to be in "execution of his duty"? |
Lawfully performing an identifiable and specific duty, authorized by law |
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Are the elements of the offence the same for regular level 2 and level 3 assault as they are for l2 and l3 on peace officer? |
Ya, pretty much |
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What are the elements of the offence of Disarming a Peace Officer? 1. Consent? 2. Action taken 3. What? 4. Who? |
1. Without consent of PO 2. Takes or attempts to take 3. A weapon 4. In possession of the PO while engaged in the execution of his duty |
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Facts in issue for Trespass at night? 1. Reason? 2. What is he doing? 3. When and where? 4. Near where? |
Finds committing 1. Without lawful excuse 2. Loiters or prowls 3. At night on the property of another 4. Near a dwelling house |
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Classify Trespass at night |
Summary Conviction |
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Loiter |
Hanging around without purpose |
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Prowls |
Sneaking around |
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Night |
9pm - 6am |
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Dwelling house |
Any building used as a permanent or temporary residence and includes: - a building within the curtilage of a dwelling house connected by a doorway or enclosed/covered passage-way And - unit designated to be MOBILE AND USED AS a PERMANENT or TEMPORARY residence |
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Classification of Mischief |
Dual Procedure (553) |
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Facts in issue for Mischief to Property? 1. Intent? 2. Action? 3. Or? 4. Or? 5. Or? |
1. WILLFULLY 2. DESTROYS or DAMAGES PROPERTY 3. RENDERS PROPERTY DANGEROUS, USELESS, INOPERATIVE, or INEFFECTIVE 4. OBSTRUCTS, INTERRUPTS, or INTERFERES with the LAWFUL USE or ENJOYMENT of PROPERTY 4. Obstructs, interrupts, or interferes with ANY PERSON in the lawful use or enjoyment of property; or
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What is a disturbance? |
An act causing ANNOYANCE or DISQUIET interrupting the peace. Mere annoyance does not count, must INTERFERES with the ORDINARY USE OF PREMISES. |
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Classify Cause Disturbance |
Summary |
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Facts in Issue for Cause Disturbance: 9 ways |
Everyone who NOT BEING IN A DWELLING HOUSE causes a disturbance IN OR NEAR A PUBLIC PLACE by; (a) 1. Fighting 2. Screaming 3. Shouting 4. Swearing 5. Singing 6. Using insulting or obscene language 7. Being drunk 8. Impeding 9. Or molesting (b) openly exposed or exhibits an indecent exhibition in a public place (c) loiters in a public place and in anyway OBSTRUCTS persons who are in that place (d) disturb occupants of a dwelling house by discharging firearms or by other disorderly conduct in a public place or who, not being an occupant of a dwelling house comprised in a particular building or structure, disturbs as such.... in any part of a building or structure to which, at the time of such conduct, the occupants of two or more dwelling houses comprised in the building or structure have access as of right or by invitation, express or implied. |
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Definition of justified |
Protected from criminal and civil liability |
Protected from _______ and _______ liability |
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Define Acting in Good Faith |
With an honest intention and free from any knowledge of irregularity |
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What is an assault? |
Applies force directly or indirectly without consent. |
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What is the actus reus of unwanted sexual touching? 3 elements to prove. |
Voluntary touching occurred (objective) Sexual nature or the touching (objective) Absent consent (subjective) |
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Sexual assault level 1 includes (6 things) |
1. Grabbing 2. Groping 3. Touching 4. Brushing against 5. Tearing clothes 6. Penetration |
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Sexual Assault Level 2 (4 things) |
- Carries, uses or threatens to use a WEAPON or IMITATION - BODILY HARM to complainant - Threatens bodily harm to a THIRD PERSON - Party to the offence |
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What is a party to the offence? |
- 2 or more persons - commit - aids a person to commit - abets a person in committing - common intention to commit Can be bodily harm if you impregnate |
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Aggravated Sexual Assault (lvl 3) (4 things) |
Wounds, maims, disfigures, or endangers life |
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No consent is obtained when a person is under __ years old |
16 |
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Consent def (same as assault)(4) |
1. FORCE to complainant or another person 2. THREATS or fear of force to complainant or another person 3. FRAUD 4. Exercise of AUTHORITY |
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No consent is obtained when (sex assault) (5 things) |
1. SOMEONE OTHER THAN complainant consents 2. Complainant INCAPABLE of consent 3. Induced by person in position of trust or AUTHORITY 4. Complainant REFUSES consent 5. Complainant WITHDRAWS consent |
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Mistaken belief in consent cannot be used as a defence if it arose from: (3 things) |
1. Self-induced intoxication 2. Recklessness 3. Wilful blindness |
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Sexual Interference: Every person for a (what?) purpose (does this) (in what way) or (another way) with a (what?) or a (what else?) Any part of the body of a person under (what age?) |
Sexual Touches directly or indirectly Part of the body or object Under 16
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Sexual interference and invitation to sexual touching exception: Unless 3 things: |
A 12 or 13 year old cannot be tried for sexual interference or invitation to sexual touching Unless: 1. In a position of trust or authority 2. Relationship of dependency 3. Relationship is exploitative |
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Sexual exploitation has the same facts in issue as what 2 charges? Instead of person being 16 for this offence, what age(s) are they? When would you lay this charge instead? (3) |
Sexual interference and invitation to sexual touching. A young person (16- under 18) 1. Position of trust or authority 2. Relationship of dependency 3. Relationship is exploitative |
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When can a 12 or 13 year old consent? |
There is consent by all involved. Less than 2 years difference in age AND not in a position of trust or authority, not in a relationship of dependency, not exploitative. |
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Consent 14-15 |
Less than 5 years age difference. AND Not in a position of trust or authority, not in a relationship of dependency, not exploitative. |
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Can you use mistaken of age as a defence against sexual offences involving young people? Factors (3) |
Yes, if you took all reasonable steps to determine the age of the complainant. Factors: location they met, company with at time, physical appearance |
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Weapon def |
Means anything used, designed to be used or INTENDED FOR USE IN CAUSING DEATH/INJURY or threaten/intimidate and always includes a firearm. |
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Restricted Weapon s.84(1) CC (really dumb definition) |
Any weapon other than a firearm that is prescribed to be a restricted weapon. - at present no weapons are prescribed to be restricted (So it's not a firearm but it's also not any other weapon, it's nothing) |
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Prohibited weapon |
a) A knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring, or other device in or attached to the handle of the knife, or b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon |
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Firearm |
A barrelled weapon Which any shot, bullet, or other projectile can be discharged Capable of causing serious bodily harm or death to a person And includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm |
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Prohibited firearm (3) |
1. HANDGUN (barrel equal or less than 105mm or 4" or discharge 25 or 32 caliber) 2. FIREARM - ADAPTED from rifle/shotgun by SAWING, CUTTING, or other ALTERATION, that - is less than 660mm (26 inch), or - is 660mm or greater and barrel less than 457mm (18") 3. AUTOMATIC WEAPONS - even if altered so that it only fires one round with every trigger pull 4. Any firearm prescribed as prohibited |
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Restricted Firearm |
- a HANDGUN that is NOT PROHIBITED - a FIREARM that has a barrel LESS THAN 470MM (18 1/2") AND Capable of discharging CENTER-FIRE ammunition in a SEMI-AUTOMATIC manner - A FIREARM REDUCED IN LENGTH of less than 660mm (26") by folding, telescoping, or otherwise, or - a firearm prescribed as a restricted firearm |
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Firearms act s.19(1) Must have valid "authorization to transport" any restricted or prohibited firearm for: (6) |
1. Target practice 2. Changing residence 3. Registration 4. Repair 5. Gun shows 💪 6. Transportation to any border |
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