Provincial Offences Ii

Front 1

The Mental Health Act (MHA):

Back 1

Is a powerful piece of legislation that permits a physician, justice of the peace, police officer or judge to order the apprehension and psychological examination of a person without their consent.

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Informal Patient:

Back 2

Is a person who is a patient in a psychiatric facility, having been admitted with the consent of another person.

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Involuntary Patient:

Back 3

Is a person detained in a psychiatric facility under a certificate of involuntary admission or a certificate of renewal.

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Mental Disorder:

Back 4

Is any disease or disability of the mind.

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Psychiatric Facility:

Back 5

Is a facility designated by regulation for the observation, care, and treatment of persons suffering from mental disorders.

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Common Offences/Provisions:

Back 6

There are no offences set out under the MHA.

Front 7

Arrest Powers (4):

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i) Order of a Physician for Psychiatric Assessment of a Person
ii) Order of a Justice of the Peace for Psychiatric Examination by a Physician
iii) Apprehension of a Person by a Police Officer
iv) Order by a Judge for Examination at a Psychiatric Facility

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Search Powers:

Back 8

There are no search powers under the MHA.

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Limitation Period: (5)

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i) Physician's order.
ii) Justice of the peace order.
iii) Police officer's apprehension.
iv) Judge's order
v) Involuntary patient absent without leave.

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Duties of a Police Officer: (9)

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a) Preserving the peace.
b) Preventing crime.
c) Assist victims of crime.
d) Apprehending criminals.
e) Lay charges/prosecute
f) Execute warrants.
g) Perform duties assigned by chief.
h) Enforce municipal by-laws.
i) Complete training.

Front 11

Liquor Licence Act:
Special Occasion Permits

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i) Reception for invited guests.
ii) Fundraising event.
iii) Event of provincial, national or international significance.
iv) Trade show.
v) Market research event.
vi) Event designated by municipal council.
vii) An auction.

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Detox Units:

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Alternatives to incarceration.
Free standing or part of a hospital.
Designed to provide a person opportunity to recover from problems associated with liquor in a safe environment.

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Apprehension of a Person by a Police Officer: (4) (without a warrant)

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i) Person suffering from a mental disorder.
ii) Person is a danger to self and others.
iii) Person shows lack of competence to care for self.
iv) Too dangerous to wait to obtain an order from the JP.

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Coroner's inquest is held before a jury..

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of five persons, unanimous finding not required; majority decision is valid.

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Firearms:

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Shall not alter or modify.
Factory loaded.
Jacketed hollow point configuration.
Unmodified magazines.

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May discharge firearm to:

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Call for assistance in critical situations or destroy an animal that is potentially dangerous or end suffering as humanity dictates.

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Five purposes of an coroner's inquest:

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i) Who the deceased was.
ii) How the deceased died.
iii) When the deceased died.
iv) Where the deceased died.
v) By what means did the deceased died.

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Coroners Act authorizes the coroner, police officer or medical practitioner authorized by coroner to:

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1) view/take possession of any dead body.
2) enter and inspect any place where the dead body was found and any place which the coroner has reasonable grounds to believe the body was removed.

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Limitation Period (Coroners Act):

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Six months

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Search Powers under LLA:

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1) Vehicle or vessel and any person found in it. (Reasonable and probable grounds)
2) Police officer carrying out powers of inspector of licensed premises. (seize anything that may provide evidence)

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Residential Tenancies Act:
(landlord and tenant disputes)
Law enforcement officers perform two steps:

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Referee and refer,
police do not evict.

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Mental disorder (Def):

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Any disease or disability of the mind.

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Powers of Arrest under the MHA:

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None but have powers to apprehend.
a) orders of apprehension for examination by physician.
b) orders by physician or judge for involuntary admission to psychiatric facility.
c) order by an officer in charge of a psychiatric facility who becomes aware of an unauthorized absence of an involuntary patient.

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Common Offences/Provisions (4):
Coroners Act:

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i) Failure to report a death to a coroner.
ii) Interference with body of deceased person.
iii) Shipment of body outside Ontario without certificate.
iv) Obstructing a coroner or person authorized by coroner to carry out an investigation.

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Limitation Period of Coroners Act:

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Six months.