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156 Cards in this Set
- Front
- Back
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Define Law |
A series of rules that govern society |
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Categories of Law |
Procedural Law and Substantive Law |
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What courts hear appeals? |
Supreme courts of Ontario and Canada (2 different) |
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What courts hear criminal matters? |
Superior court of justice Ontario court of justice |
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What court hears provincial offences? |
provincial offences court |
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Classification of Offences |
Summary conviction Dual procedure Indictable |
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Facts in Issue refers to which acronym and what does it stand for? |
T- time and date of offence I- identity of the accused P- place and location of the offence P- plus the elements |
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Elements of a criminal offence and what do they mean? |
Mens Rea - guilty mind Actus Rea - guilty act |
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Define criminal offence |
A breach of any federal law |
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Define Finds Committing |
Seeing a person actually commit the offence OR reasonable grounds to believe they have committed and offence and are being freshly pursued immediately and continuously until that person is arrested |
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Define Reasonable Grounds |
A set of facts or circumstances that would satisfy an ordinary prudent and cautious person and goes beyond mere suspicion |
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Define Arrest |
An arrest is accomplished when physical control is taken with the intent to detain OR a person who accompanies a police officer with the belief that their liberty has been taken away |
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Define Accused |
A person whom a peace officer has administered an appearance notice and a person arrested for a criminal offence |
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Define charge |
Laid when an information is sworn before a justice and a prosecution is initiated |
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Must you arrest to charge? |
No |
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Define Investigative Detention |
A brief detention of an individual by a police officer for investigative purposes |
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Define Appearance Notice |
Form 9 -issues by a peace officer for criminal offences -a document that requires a person to court, finger prints, and answer to charge -not formally charged until an information is sworn |
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Define Criminal Summons |
Form 6 -issued by a judge or justice after the laying of an information -compels a person to court |
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Define Promise to Appear |
Form 10 -issued by officer in charge after arrest and detention in a cell block -a document that compels a person to court |
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Define Recognizance (both types) |
Form 11 - issued by OIC in cell block with or without $500 max deposit (usually given with deposit for person who usually resides more than 200 km away or in a different province/country) Form 32 - issued by justice/judge, can be with or without deposit, but no max or min. Usually sent to when the OIC does not believe PRICES has been met. |
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Define Undertaking (both types) |
Form 11.1 (OIC) - a set of conditions to be attached to a PTA or Recog. Form 12 - can be by itself with conditions by a justice or judge |
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Define Subpoena |
Directs a person, usually a witness, to give evidence in court |
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Define Warrant - what does it mean when a warrant is executed? |
Legal document that is issued by the court which commands a peace officer to arrest and bring them to court - when it is excerpted it means it is complete and the person was brought to court |
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Define Lawful Authority |
Authorized by law, or acting in good faith |
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Define Good Faith |
Acting with honest intention with no knowledge of irregularity |
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Define Justified |
Protected from civil and criminal responsibility |
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Define Detention |
A restraint of liberty other than arrest |
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Define RCA |
Recognize Classify offences Authorities |
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Define PIC |
Prevent continuation of offence, Investigate, Court |
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What are the 553 offences and what is important about them |
553 offences have absolute jurisdiction of a provincial court judge - accused cannot elect to have a jury They are: Under - theft under $5000 (not including cattle), false pretences, possession of anything obtained by crime, fraud and mischief Moral - keeping a betting or gaming house, betting/booking, placing bets, lotteries and games of chance, cheating at play, keeping a common bawdy house, fraud in relation to fares Misc. - conspiracy, counselling, accessory or attempt to commit a moral or under offence Trafficking drugs more than 30g |
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What section and authorities do citizens have to arrest? |
494 - any person whom FC indictable offence or has reasonable grounds to believe a criminal offence has been committed and they are escaping or being freshly pursued by a person who has lawful authority |
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What authority is given by494 (2) |
Arrest by owner of property - owner, person in possession, or person authorized by either of these people may arrest without warrant if they find committing a criminal offence on or in relation to their property AND they make the arrest at that time OR shortly there after and there are reasonable ground to believe it is not feasible for a peace officer to make the arrest |
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494 (3) states: |
Anyone other than a peace officer who arrests without warrant shall deliver the person to a peace officer forthwith |
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Peace officers powers to arrest: |
495 Find committing an indictable offence, have committed an indictable offence, or have reasonable ground to believe they will commit an indictable offence. A person found committing a criminal offence A person whom there are reasonable grounds to believe there is a warrant within the territorial jurisdiction found |
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Section 524 means: |
Arrest of a person on an interim release - a peace officer has reasonable grounds to believe that an accused has contravened or about to contravene conditions OR has committed and indictable offence may be arrested without warrant |
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Can you arrest and charge from breach of peace? |
You may arrest to gain control and maintain order, but you will not charge (G20 example) - cannot lay an information |
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6 steps to a proper arrest |
1 identify yourself 2 tell them they are under arrest 3 tell them why they are under arrest 4 take physical control 5 read rights to counsel 6 ensure they understand their rights to counsel |
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What is a prosper warning? |
Ensures a detainee who wants to wave their RTC knows what they are giving up, and ensures they know they have reasonable opportunity to speak to a lawyer |
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Define PRICE |
Public interest Repetition of the offence Identity Courts Evidence
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What are the 4 ‘P’s in PRICE |
Protect the public Protect the accused Prevent breach of Peace Protection of property |
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When shall a police officer NOT arrest |
Reasonable grounds that PRICE has been satisfied for 553 indictable, dual offences, dual procedure, or summary conviction offences |
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What section gives the authority for reasonable force |
25 |
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What section discussed excessive force? |
26 |
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What section discusses self defence? |
34 |
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Where do you find “innocent until proven guilty”? |
Section 11 of the charter |
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What are the charter sections LDSA? |
Life liberty, detained or imprisoned, search and seizure, arrest or detention |
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If you do not FIND COMMITTING a summary offence, what is your only option for a charge? |
A summons |
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At what point can a police officer release unconditionally? |
At anytime |
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What does PRICES mean |
Means for release - must be met - S means safety of victim or witness |
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Bail hearings mean: |
Suitability of release by a justice after being detained |
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Show cause means: |
When the crown must prove why accused should not be released |
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Reverse onus is: |
When an accused is required to prove why they should be released |
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Justification for detention: (Primary, secondary, tertiary) |
Primary - to ensure court attendance Secondary - safety Tertiary - maintain confidence in the admin. of justice |
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Warrant in the 1st: |
A police officer swears an information to arrest before a justice |
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Bench Warrant: |
Judge issues a warrant after failure to appear in court |
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Committal Warrant: |
To being accused to detention centre when sentence was given |
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Material witness warrant: |
Compel a witness to court - allows arrest |
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What is level one assault? |
265 - applies force intentionally without consent, directly or indirectly. Attempts or threatens by acts or gesture to apply force, wearing weapon or imitation to accost or beg. |
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Does the definition of weapon include firearm? |
Yes |
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Level 2 assault |
Assault with a weapon - carries, uses or threatens to cause bodily harm more than transient in nature. |
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Assault Level 3 |
Sounds, maims, disfigures or endangers life |
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When is it considered assault a police officer? |
When someone assaults a peace officer engaged in the exception of their duties or a person aiding the officer. Assault when attempting to prevent arrest. |
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What times does trespass at night apply? |
Between 9pm and 6am |
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What is sexual assault? |
Assault as per 265 - with sexual nature and violates the sexual integrity of the victim - it is a general offence |
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Actus Reus for sexual offence consists of: |
Voluntary touching occurred (objective) Sexual nature of touching (objective) Consent absent (subjective) |
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What age is necessary to use the defence of consent? |
16 |
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Consent is not obtained when: |
Threatened Force (to them or other person) Fraud Exercise Authority Or Unable to consent Someone consents for them Refused consent Withdrawals consent Induced by a position of authority |
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Age for sexual interference to apply |
Under 16 |
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Age of invitation for sexual touching to apply |
Under 16 |
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When can a 12 or 13 year old be tried for interference or invitation to sexual touching? |
Position of authority, relationship of dependency, relation is exploitative |
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Age range of victim for sexual exploitation to be used |
16 -18 |
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Consent for 12 -13 year olds |
Consent is given and less than 2 years between parties |
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Consent for 14 -15 year olds |
There is consent and there is less than 5 years between individuals |
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Your notebooks shall be TACD |
Thorough Consistent Accurate Detailed
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Types of evidence |
Testimonial Documents Objects (real) |
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Purpose of evidence is to: |
Act as proof of the facts to support the charge or disprove an alleged fact |
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Purpose of evidence is to: |
Act as proof of the facts to support the charge or disprove an alleged fact |
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Role of police with evidence: |
P- preserve (the scene) I- identify (the evidence) C- collect (evidence, follow continuity) T- tender (bring to court without contamination, full disclosure) |
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Purpose of evidence is to: |
Act as proof of the facts to support the charge or disprove an alleged fact |
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Role of police with evidence: |
P- preserve (the scene) I- identify (the evidence) C- collect (evidence, follow continuity) T- tender (bring to court without contamination, full disclosure) |
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Investigations must be PIT |
Professional Impartial Thorough |
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Facts in Issue must include TIPP |
Time and date of offence Identity of accused Place and location Plus the elements |
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Evidence must be ________. |
Relevant |
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4 kinds of facts in issue |
Direct - directly proves Circumstantial - suggests something is true from the existence of other proven facts Presumption - logical conclusion brought from circumstantial evidence Corroboration - independent evidence that supports another piece of evidence to prove a fact in issue - it can be required by law or desired by practise |
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3 characteristics of corroboration |
Independent - evidence other than the main witness (video at the scene) Material - showing an offence was committed (Autopsy) Implicates the accused - shows the accused committed the offence (DNA) |
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What is voir dire? |
When a judge decided some or all of the evidence will or will not be admitted |
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4 major exclusionary rules |
The charter rule Opinion evidence (only expert, and general knowledge) Bad character Hearsay - May only testify own senses, otherwise it is hearsay |
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Res gestae statements are: |
Statements that are so closely connected to the event that they form part of it |
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Difference between inculpatory statements and exculpatory statements: |
Inculpatory (admission) Exculpatory (denial, excuse or alibi) |
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Khan principle |
Statement made by child to their mother |
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Stages of interviewing |
Preparation Commencing the interview Post interview |
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3 steps to a provincial offence: |
Issue Serve File |
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What is PRIER? |
Before defendants can be released after arrest under provincial offence. Public interest Repetition of the offence Identity Evidence Residence (are they more than 200km away or reside outside Ontario) |
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Grounds for a part one provincial offence notice: |
A belief |
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How many days do you have to serve, and then file an offence notice? |
30 days to serve As soon as practicable to file or within 7 days |
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What must you serve a young person instead of an offence notice? |
A part one summons |
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What are the max charges for a part one offence notice? |
$1000, $300 for young person |
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Can you be imprisoned under a part one notice or summons? |
No |
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How old is a young person who can be served a provincial offence summons? |
12-15 |
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What grounds do you need for a Part III summons? |
Reasonable and probable grounds |
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How long do you have to lay a Part III summons? |
6 months if not otherwise stated |
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When do you use a Part III summons? |
When the fine is over $1000 |
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When are proceedings commenced with a Part III summons? |
When an information is sworn |
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When can you use a short form Part III summons? |
When you find the person at or near the place of offence |
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What must you sign on a short form Part III summons? |
The affidavit on the back |
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How can you serve a provincial offence summons? |
In person or to a person at the last known abode who appears to be over 16, by mail if out of province or corporation |
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Do you have arrest or search authorities under the residential tenancy act? |
No |
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Role of the police under the residential tenancies act? |
Keep the peace, accompany sheriff, do not give legal advice, remain objective, ensure safety of persons and property, provide referrals |
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Exemptions to residential tenancies act |
Hotels when used as transient accommodations, employment occupancy, nonprofit housing, roommate of tenant, nursing homes, correctional occupancy |
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When can a landlord enter a premises? |
Between 8-8 with written notice, or reasonable attempt to give written notice and a termination notice was given And emergency |
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Steps for lawful eviction: |
1 Serve notice 2 apply for eviction order 3 serve tenant with application and notice of hearing 4 obtain eviction order 5 deliver order to sheriff to enforce |
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Definition of liquor |
Beer, spirits and wine suitable for human consumption |
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Definition of alcohol |
A product of fermentation or distillation using fruits, grains or other means of agriculture with synthetic Ethel alcohol |
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No person shall purchase liquor except from: |
Government store or person authorized by license or permit |
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No person shall purchase liquor except from: |
Government store or person authorized by license or permit |
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Unlawful consumption of liquor is: |
Drinking alcohol that is not liquor |
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How old must you be to purchase alcohol? |
19 |
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Exemptions for under 19 as per LLA |
working as a server - must be 18 and not consuming Working in a 19+ establishment when 18 |
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Limitation period for LLA offences |
2 years |
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Parental exemption for supplying alcohol to child under 19: |
In a residence or private place, by a parent or legal guardian, and the liquor must be consumed on the premises |
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Definition of residence (LLA) |
A place actually being used as a dwelling - whether or not in common with other persons. General public is not invited or permitted access. A tent and the land immediately adjacent and in conjunction. |
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What may a police officer do instead of charging an individual under 31(4) of the LLA? |
Escort person to a detox hospital as outlined in legislation |
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Can a motor vehicle be a residence? |
Yes, when parked off a highway with sleeping and cookies facilities. |
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Can a boat be a residence? |
Yes, when not underway, permanent sleeping and cooking accommodations with sanitary facilities - the land around it can be a private place is the public is not ordinarily invited |
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Where can a person NOT be intoxicated? |
A public or common place |
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Arrest authorities for LLA |
F/C - intoxicated by alcohol in a public or common place and is a danger to self or others F/C - contravention of LLA and refuses to identify |
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Arrest authorities for LLA |
F/C - intoxicated by alcohol in a public or common place and is a danger to self or others F/C - contravention of LLA and refuses to identify |
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Intoxication is defined as: |
Condition whereby a person no longer has control of his/her intellectual or physical abilities |
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Where can you have sealed alcohol? |
Anywhere |
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Where can closed alcohol (not sealed) be in a motor vehicle? |
Secured in baggage or away from all passengers |
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What is your search authority under the LLA? |
Reasonable and probably grounds that there is liquor being improperly conveyed in a motor vehicle. You may search the motor vehicle and the passengers found in the vehicle at the time |
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When may a police officer seize liquor? |
When it is evidence to an offence, reasonably believe that it is used in connection with an LLA offence and unless seized it will continue the offence |
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LLA inspection authorities: |
Enter a place at a reasonable time, request documents, inspect Does not include dwelling |
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Who is allowed to enter behind a bar in an LLA search? |
Only police |
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What is an occupier? |
A person under the TPA who has physical possession or responsibility of the premises |
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What is considered notice under the TPA? |
Orally or in writing By signs Marking systems that are visible in the daylight |
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When does have implied permission to go on someone’s property? |
Access for lawful purpose To door of building By means apparently provided - pathway to a door |
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Charges under TPA |
Enter premises where entry prohibited Engage in prohibited activity Refuse to leave when directed |
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Arrest powers under TPA |
On premises - police or occupies has reasonable and probable grounds to believe that a person contravened s.2 and they are turned over the a police officer Off premises - only police officer reasonable and probably grounds to believe a contravention of s. 2, they have freshly departed and refuse to identify (or reasonable and probable grounds to believe the information is false) |
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Definition of driver under HTA |
A person who drives a vehicle on a highway |
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Highway |
Includes common or public highway intended for use of public - area between lateral property lines |
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Highway |
Includes common or public highway intended for use of public - area between lateral property lines |
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Definition of roadway under HTA |
Part of the highway that is improved - not the shoulder |
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How long after an offence under the CAIA under may a charge be laid? |
3 years |
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Difference between extrajudicial measure and extrajudicial sanctions: |
EJM less formal (warning or conversation) EJS put in place by crown prosecutor, more formal |
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Where do arrest authorities pertaining to YCJA come from? |
Criminal code the YCJA is procedural |
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Offences where EJM and EJS will not apply: |
Manslaughter Attempted murder Murder Aggregated sexual assault Serious violent offence |
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What is the purpose of the PSA? |
Holds police accountable and lets the public know they are being held accountable |
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Principles of the PSA |
Ensure safety and security of persons and property in Ontario Safeguard the fundamental human rights The need for police and community cooperation Importance of respect and understanding victims Sensitivity to multi-cultural and multi-racial society Ensure the police represent the communities they serve |
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5 core police services |
Criminal prevention Law enforcement Assisting victims Public order maintenance Emergency response |
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3 factors that affect police professionalism |
Racial profiling Implicit bias Discrimination |
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What is bill 28? |
Allows to obtain blood sample from source - helps emergency care worker if exposure occurs |
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What are ethics? |
A code of values which guides our choices and actions and determines the purpose and course of our lives |
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6 pillars of character |
Trustworthiness Respect Responsibility Justice and fairness Caring Civic virtue and citizenship |
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Ethical decision making: ACT |
Alternatives Consequences Tell your story |
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Ethical checklist |
Is it legal, balanced, and how will you feel? |
