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140 Cards in this Set
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S.495(1) Arrest Without Warrant by Peace Officer A peace officer may arrest without warrant: |
a) A person who has committed an Indictable Offence Or Who on Reasonable Grounds, he believes has committed Or is about to commit and Indictable Offence b) a person whom he finds commiting a criminal offence Or c) A person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part XXVIII in relation thereto, in in force within the territorial jurisdiction in which the person is found |
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S.524 (2) C.C. - Arrest of Accused on Interim Release: A peace officer who believes in Reasonable Grounds that an accused: |
a) has contravened or is about to contravene any summons, appearances notice, promise to appear, undertaking or recognizance that was issued or given to him or entered into by him Is about to contravene any summons, appearances notice, promise to appear, undertaking or recognizance that was issued or given to him or entered into by him Or b) has committed an indictable offence after any summons, appearance notice, promise to appear, undertaking or recognizance was issued or given to him or entered into by him.
May arrest the accused without warrant |
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S.31 C.C. - Arrest For Breach of Peace:
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-Police Officer -Witnesses Breach of Peace OR Reasonable Grounds a person is about to join in or renew breach of peace |
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What are the 6 steps to a proper arrest? |
1. Identify yourself as a police officer 2. Tell the person that they are under arrest 3. Tell the person the reason for the arrest 4. Take physical control 5. Inform him of his Rights to Counsel 6. Ensure he understands the reason for the arrest and his rights to counsel
Then: Read rights to counsel Read the caution Read secondary caution if applicable Cautions not a part of 6 steps |
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S. 494 (1) - Arrest Without Warrant by any Person: Any one may arrest without warrant, |
a) a person whom he Finds Committing an Indictable Offence
b) a person who, on Reasonable Grounds believes i) has committed a Criminal Offence; And ii) is escaping and freshly pursued by persons who have lawful authority to arrest the person.
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S.494 (2) C.C. - Arrest by owner, etc, of property: |
The owner or a person in lawful possession of property, or a person authorized by the owner or by a person in lawful possession of property, may arrest a person without a warrant if they FIND them committing a criminal offence on or in relation to that property; and a) they make the arrest at that time OR b) they make the arrest within reasonable time after the offence is committed and they believe on Reasonable Grounds that it is not feasible in the circumstances for a peace officer to make the arrest |
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What is the acronym for release in Federal Law? |
P.R.I.C.E.S. Public Interest Repetition Identity Court Evidence Safety of public |
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S.495 (2) C.C. - Limitation: A peace officer SHALL NOT arrest person without warrant for: |
a) 553 Indictables b) Dual procedure offences c) Summary Conviction In cases where, d) On Reasonable Grounds that PRICE is satisfied |
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When would a peace officer issue an appearance notice? |
Where PRICE is met, a peace officer DOES NOT ARREST a person, may issue an appearance notice for: a) 553 Indictable Offences b) dual procedure Offences c) summary conviction offences Or as a form of release where prices is met |
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What are the forms of release available for peace officers |
-Appearance Notice -Release unconditionally with intention to compel appearance by way of summons -Release Unconditionally |
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What is an OIC in regards to the Criminal Code? |
The officer in charge of the facility where the suspect is being detained. (Officer in charge of holding cells at station where peace officers bring people to be detained) |
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What are the OIC's options for what to do with detained person? (In regards to release and detention) |
-Promise to Appear(Form 10) -Recognizance (Form 11) with or without maximum deposit of $500 (Usually used if accused lives out of province)
-Undertaking (Form 11.1) (Can be attached to promise to appear and recognizance to add extra conditions) -Unconditional Release -Detain and bring to Bail Hearing |
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An accused is brought before a Justice for a bail hearing. What options does a justice have? (In regards to release or detention) |
-Recognizance (Form 32): By Justice with or without deposit, No maximum fine -Undertaking (Form 12): By Justice, May add conditions and can be a form of release on it's own -Release Unconditionally -Detention Order |
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What is a Bail Hearing? |
When an accused is not released, them accused is taken before a justice to determine suitability for release |
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In regards to a Bail Hearing what is a show cause? |
The Crown prosecutor must show why the accused should be held in custody on primary, secondary and tertiary grounds |
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In regards to a Bail Hearing what is Reverse Onus: |
The accused must show why he should be released |
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When would a Justice have justification for detention (Detention Order)? |
-PRICES (Primary grounds: attendance in court, Secondary grounds: the rest of PRICES) - Tertiary Grounds: maintain confidence in administration of justice: Strength of prosecutors case Gravity of offence Circumstances surrounding the offence, including if firearm is used Accused has potential to a lengthily term of imprisonment |
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Name the 5 warrants to arrest: |
-Warrant in the 1st instance (Form 7): Police swears an information to arrest for a charge
-Bench Warrant: Judge issues a warrant of the accused failing to appear for court
-Committal Warrant: To bring an accused to detention centre when sentence was given
-Material Witness Warrant: Issued to compel a witness to give evidence in court (after subpoena is already issued) Allows for arrest
-Executed: Warrant deemed executed when accused is before the court (paper and body meet) |
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What is subpoena? |
Directs a person, usually witness, to give evidence and bring anything in relation to the matter in court |
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What is the prosper warning? |
-Read to person if they indicate they've changed their mind and no longer want to speak to counsel. -Tell Detainee they have the right to reasonable opportunity to contact a lawyer-Dentainee isn't to participate in any incriminating process until reasonable opportunity is satisfied-Advise that the investigation specific to detainee won't continue unless their right exercised -Ensure that the accused or detainee's decision to waive his/her right to counsel is fully informed because if it is not all evidence subsequent could be excluded |
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What is the primary caution? |
-Start charge -You are not obligated to say anything in answer to the charge. Whatever you say may be given in evidence. Do you understand? -Do not ask further questions if the person indicates they wang to speak to counsel |
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What is the Secondary Caution? |
Read when taking control of detainee, detained by other officer
-If you have spoken to any other police officer or if anyone else in position of authority has spoken to you in connection with this matter, I want it clearly understood that I do not want it to influence you in making a statement.
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The needs of emergency personnel outweigh the need to preserve physical evidence. True or False? |
True |
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Who sets the tone for the entire investigation at a major Crime Scene? |
The first officer by his or her actions. |
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What does the acronym C.O.R.E. stand for? |
Control - Limit access to scene, entry/exit points, minimize & identify contamination
Observe - Assess and search scene, listen to what's being said if parties are present does it all match up?
Record - Extensive notes of observation (not opinions), diagrams, Crime scene registry.
Evaluate - Use good judgement, common sense, your experience, partner's experience. |
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What is Locard's Exchange Principle? |
Anytime there is contact with a scene or item, there will be a trace of it exchanged |
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What are the 3 ways that death can be established at a crime scene? |
1. Decapitation 2. Transection (cut in half) 3. Advanced Decomposition |
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What is the path of contamination? |
Path taken to reduce contamination at a crime scene. |
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Name 5 examples of DNA Evidence? |
-Blood -Saliva -Bone -Teeth -Tissue -Skin Cells -Vomit -Feces -Nasal Secretion -Semen |
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Define Domestic Violence |
Domestic violence is any use of physical or sexual force, actual or threatened, in an intimate relationship, including emotional/ psychological abuse or harassing behaviour |
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Name the three categories of Domestic Violence |
1) Physical violence 2) Sexual assault 3) Emotional abuse |
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What is the cycle of violence? |
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Define an intimate relationship |
-Includes those between the opposite-sex and same-sex partners. -These relationships vary in duration and legal formality, and include current and former dating, common-law and married couples. -An “intimate relationship” may or may not include a sexual component. Many dating relationships may be predicated on little or no sexual activity. |
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Must you lay a charge when an offence falls into the category of Domestic Violence? |
Yes
Where reasonable grounds that a criminal offence has been committed you SHALL lay a charge |
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What is assault as defined by the criminal code? |
Person commits assault when: a) Without consent, applies force intentionally, directly of indirectly b) Attempts or threatens, by Act or Gesture to apply force, person to believe on reasonable grounds has the present ability to effect c) Wearing of carrying a weapon or imitation thereof, accosts, impedes or begs |
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What is a weapon as defined by the criminal code? |
a) Is anything used, designed, intended for use in causing death or injury OR b) Anything used, designed or intended for use for the purpose of threatening or intimidating a person and includes any firearm |
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What is Assault cause bodily harm as defined by the criminal code? |
Carries, uses or threatens to use weapon or imitation. OR Causes bodily harm to the complainant Bodily harm: more than trifling or merely transient |
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What is aggravated assault as defined by the criminal code? |
Wounds, maims, disfigures or endangers life
Maims: loss of ability to fight back. Results in permanent damage to a person. |
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What is assault peace officer defined as in the criminal code? |
a) Assault a public officer or peace officer engaged in the execution of their duty or a person in aid of officer
b) Assaults person with intent to resist or prevent the lawful arrest or detention of himself or other
c) Assualts person, i)Engage in lawful execution of process against land or goods lawful distress of seizure
OR
ii) With intent to rescue anything taken under lawful process, distress of seizure |
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What is execution of duty? |
Lawfully performing an identifiable and specific duty, authorized by law. |
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What is the charge of Disarming a peace officer defined as in the criminal code? |
-Without consent of P.O. -Takes or attempts to take a weapon -In possession of the P.O. when engaged in the execution of his duty Weapon in this section defined as: Anything designed to be used to cause injury or death or temporarily incapacitate |
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What is obstruct peace officer as defined in the criminal code? |
Everyone who,
a) Resists or wilfully obstructing a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer;
b) Omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having a reasonable notice that he is required to do so;
OR
c) Resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure |
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What is Break and Enter defined as the criminal code? |
Everyone who, a) Breaks and enters a place with intent to commit an Indictable Offence therein, b) Breaks and enters a place and commits an indictable offence therein OR c) Breaks out of a place after i) Committing an indictable offence therein, OR ii) Entering the place with intent to commit an Indictable offence therein, |
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What are the facts in issue of trespass at night? |
-Summary Conviction (Finds Committing for arrest)
-Without lawful excuse (Reverse Onus) -At night (9pm to 6am) on the property of another -Near a dwelling house
-Loiters or Prowls |
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What is Cause Disturbance defined as in the Criminal code? |
-Summary Conviction
a) Every one who not being in a dwelling house causes a disturbance in or near a public place by:
i) fighting, screaming, shouting, swearing, singing, using insulting or obscene language
ii) by being drunk
iii) by impeding or molesting
b) Openly exposes 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, or
d) Disturbs occupants of a dwelling-house by discharging firearms or by other disorderly conduct in a public place... Is guilty of an offence punishable on summary conviction
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What is sexual interference as defined by the criminal code S.151? |
(Most likely charged along side sexual assault) -Every person -For a sexual purpose -Touches directly or indirectly -With a part of the body or an object -Any part of the body of a person under 16 |
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What is invitation to sexual touching as defined in the criminal code s.152? |
-Every person -For a sexual purpose -Invites, counsels or incites -Person under 16 years of age -To touch directly or indirectly -With a part of the body or an object -The body of any person |
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What is the exemption for sexual interference and invitation to sexual touching regarding those that are 12 and 13 years of age? |
A 12 or 13 year old cannot be tried for sexual interference or invitation to sexual touching unless:
-In position of trust or authority
-Relationship of dependency
-Relation is exploitative |
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What is Sexual Exploitation as defined in the Criminal Code? |
-It is the same as Sexual interference and Invitation to Sexual touching although it pertains to people that are 16 and 17 years of age. -Person in position of trust or authority towards a young person -Relationship of dependency with a young person -Relationship is exploitative of the young person |
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If complainant is under the age of 16, there can be no defence that the complainant consented unless... |
12-13, Consent, Less than 2 years age difference and no position of authority, trust, dependency and not exploitative
14-15, Consent, Less than 5 years age difference and no position of authority, trust, dependency and not exploitative |
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What is threatening (Uttering Threats) defined in the criminal code? |
-Every one who -In any manner -Knowingly utters, conveys or causes any person to receive threat To cause death or bodily harm Burn, Destroy or damage property Or Kill, poison or injure an animal of bird that is property |
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What is criminal harassment under the criminal code? |
S.264(1) C.C.-No person shall Without lawful authority Knowing that another person harassed or recklessly engaged in conduct referred in (2) Causing person reasonably to fear for their safety or anyone known to them. (2) Conduct: a) repeatedly follow the person or anyone know to them b) Repeatedly Communicate directly or indirectly, the person or anyone know to them c) Besetting or watching the dwelling or place of the person or any one known to them resides, works, carries on business or happens to be d) Engaging in threatening conduct directed towards the person or any member of their family |
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What is fraud defined as in s.380(1) of the criminal code? |
Everyone who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service. (Theft with a smile) |
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A.354(1) C.C. - Possession of property obtained by crime: Everyone commits an offence who... |
Has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or the proceeds was obtained by crime or derived directly or indirectly from: a) the commission in Canada of an offence punishable by indictment OR b) an act or omission anywhere that if it had occurred in Canada, would have constituted an offence punishable by indictment |
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What are the three elements to prove possession? |
-Knowledge -Consent -Control |
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What is the difference between constructive possession and joint possession? |
Constructive possession is when someone has something in a place and they have it for a reason (ex. Guy has drugs stored in his gym locker, even though they are not on his person it is still his) Joint possession is when multiple people are deemed to have possession of something because they all have knowledge of it and have consented to its presence. (Bag of cocaine is on the dash of a car within the sight of all the occupants. They all are deemed to have possession) |
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What is the definition of Sexual Assault? |
-An assault - as defined in C.C. -Circumstances of a sexual nature -Violation of Victim's sexual integrity does not have to be an intent of sexual purpose but touch anything in sexual region -General intent offence |
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What does the acronym VSA stand for in regards to sexual assault? |
1. Voluntary touching occurred 2. Sexual nature of the touching 3. Absent consent |
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What are the three levels of sexual assault? |
1) S. 271 CC Sexual Assault -Assault with a sexual twist
2) S. 272 CC Sexual Assault with a weapon/cause bodily harm/threats to third party -Carries uses or threatens to use a weapon or imitation -Bodily harm to complainant -Threatens bodily harm to a third person Or be a party to the offence -2 or more persons commit -Aids or abets a person in committing -Common intention to commit (Can be bodily harm if impregnated)
3) S. 273 CC Aggravated sexual assault -Aggravated assault with a sexual twist |
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What is theft defined as under section 322(1) of the criminal code? |
Everyone who fraudulently and without colour of right takes or fraudulently and without colour of right converts to his or to the use of another person, anything, whether animate or inanimate, with intent a) to deprive, temporarily or absolutely, the owner of it or person who has special property or interest in it, of the thing or his property or interest in it b) to pledge it or deposit it as security c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted. |
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When can mistake of age in regards to child sex offences be used as a defence? |
Accused must have taken all reasonable steps to ascertain the age of the complainant |
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What is Robbery as defined in S. 343 of the criminal code? |
Basically Theft with violence, threatened or used. Everyone commits robbery who: a) Steals and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to person or property b) Steals from any person, at the time he steals or immediately before or after, wounds, beats, strikes or uses any personal violence to that person; c) Assaults any person with intent to steal from him OR d) Steals from any person while armed with an offensive weapon or imitation thereof |
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S. 335(1) Taking motor vehicle or vessel or found therein without consent: |
Every one who, without the consent of the owner, takes a motor vehicle or vessel with intent to drive, use, navigate or operate it or cause it to be driven, used, navigated or operated, or is an occupant of a motor vehicle or vessel knowing that it was taken without the consent of the owner, is guilty of an offence punishable on summary conviction |
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What is the definition of exploitation in the criminal code? |
Cause that person to provide, or offer to provide, labour or a service by engaging in a conduct that, in all the circumstances,
Could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they fail to provide, or offer to provide, the labour or service. |
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What is the difference between human trafficking and prostitution? |
Prostitution Generally: -Voluntary -Control of profit -Control over working conditions -Not controlled by third party -They have the choice to exit Human Trafficking generally: -Involuntary -No control of profit-No control over working conditions-Controlled by third party-They do not have the choice to exit |
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Name the types of human trafficking: |
1. Domestic and international commercial sexual exploitation 2. Forced labour 3. Domestic servitude 4. Forced illegal activities (petty crimes) 5. Forced marriage 6. Organ Trafficking |
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What are the three main elements of human trafficking: |
-Control -Exploitation -Threat to safety |
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What is the hierarchy of traffickers? |
Buster - lowest level Popcorn Players Mack - highest level |
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What is a bottom girl in regards to human trafficking? |
A person who is a victim of exploitation that exploits other people for the trafficker |
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What are the three types of pimps and what are they know for? |
Gorilla Pimp: Uses force to overpower prey Romeo Pimp: Uses charm, gifts and flattery to romance prey CEO Pimp: Uses money and business strategies to swindle prey |
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Define forced labour in regards to trafficking |
Where all the work is done under the menace of a penalty or the person has not offered them self voluntarily and is now unable to leave. |
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S.177 C.C. - Trespass at Night: |
-Summary Conviction -Reverse onus -Without lawful excuse -Loiters or Prowls -At night on the property of another -Near a dwelling house |
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What time can trespass at night occur? (Night) |
9pm to 6am |
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What is a weapon as defined in the criminal code s. 2? |
Means anything used, designed to be used or intended for use in causing death/injury or to threaten/intimidate and always includes a firearm. |
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What is a restricted weapon as defined in the C.C. S.84(1)? |
-Means, any weapon, other than a firearm, that is prescribed to be a restricted weapon -At present there are no weapons that are prescribed to be restricted |
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What is a prohibited weapon as defined in the HTA? |
Means, -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. -Any weapon, other than a firearm, that is prescribed to be a prohibited weapon. |
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What is a firearm defined as? |
-A barrelled weapon -Which any shot, bullet or other projectile can be dispatched. -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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What is a prohibited firearm as defined in the criminal code? |
4" or <Barrel Handgun: -Barrel equal to or less than 105mm (4") Or -Discharges a 25 or 32 calibre
Firearm: -adapted from a rifle/shotgun by sawing, cutting or other alterations, that -Is less than 660mm (26in) or -Is 660mm (26in) or greater and barrel is less than 457mm (18in) Automatic weapons: -Only exempt if grandfathered and they possessed it before 1978 Any other firearm prescribed to be prohibited by oder in council. Any other firearm prescribed to be prohibited by oder in council.
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What are the three classifications of firearms? |
Prohibited Restricted Non-restricted |
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What is a restricted firearm as defined by the criminal code? |
-Any handgun that is not a prohibited firearm -A firearm that is not a prohibited firearm and the barrel is less than 470mm (18 1/2 in) And -Capable of discharging centre-fire ammunition in a semi-automatic manner -A firearm reduced to a length of less than 660mm by folding telescoping or otherwise, Or -A firearm of any kind that is prescribed to be a a restricted firearm All handguns are either prohibited (less than 4in) or restricted (less than 26in) |
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What is a Non-restricted Firearm? |
Not defined in criminal code or firearm act. Means firearm that is neither prohibited nor restricted |
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What must you have to transport any restricted or prohibited firearm? |
Valid Authorization to Transport |
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What is the maximum number of cartridges that can be in a magazine for a semi-automatic centre-fire rifle? |
No more than 5 or is a prohibited device |
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What is the maximum number of cartridges that can be in a magazine for a semi-automatic handgun? |
No more than 10 or it is a prohibited device |
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A rim fire magazine has more than 5 cartridges contained within it and is used for a semi-automatic rifle. Is this a prohibited device? |
No because it has rim fire cartridges |
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How can a Non-Restricted firearm be transported? |
Must only be unloaded If vehicle unattended then in the trunk or out of view |
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How can a restricted or prohibited firearm be transported? |
Must be: Unloaded, Rendered inoperable by locking device and in a locked, secured container. |
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How must a Non-Restricted firearm be stored? |
-Unloaded And -Rendered inoperable by: Locking device Or Removal of bolt or bolt carrier Or In a locked, secured container |
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How must a prohibited or restricted weapon be stored? |
Unloaded AND Rendered inoperable by secure locking device AND Stored in a container or room that cannot be readily broken into AND No ammunition in same container OR Stored in a vault, safe or room that has been specifically constructed or modified for storage purposes Police are not exempt. Must store properly. |
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In regards to 495(2) C.C. - A peace officer shall not arrest a person without warrant for: |
a) an indictable offence mentioned in section 553 b) an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction Or c) an offence punishable on summary conviction And in any case where PRICES is met |
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When may a police officer enter into a dwelling house without warrant to arrest? |
-Officer must have reasonable grounds to believe that: Person is present in the dwelling AND Conditions for obtaining a warrant under 529.1 exist (Entry warrant. There is already a warrant out for an arrest) BUT by reason of exigent circumstances, it would be impractical to obtain a warrant. |
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What is R. V. Godoy? |
Case law that states that police are justified in entering a dwelling without a warrant to protect life and prevent serious injury of the 911 caller. |
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What are exigent circumstances as defined in the criminal code in regards to entry? |
Peace officer has reasonable grounds to suspect that entry is necessary to prevent the imminent bodily harm or death of any person; OR Reasonable grounds to believe that entry is necessary to prevent the imminent loss/destruction of evidence relating to an Indictable offence |
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What is fresh pursuit in regards to entry? |
Continuous pursuit conducted with reasonable diligence. Pursuit, capture and commission of the offence all one single transaction Ends when accused is no longer escaping and no longer freshly pursued |
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What is investigative detention? |
Reasonable grounds to suspect that the individual is connected to a particular crime and detention is necessary on objective view of the circumstances. |
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3 Foundation Principals for search |
-Reasonableness -Search and seizure -Judicial Pre-authorization |
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What is the Hunter Standard? |
All warrantless searches are Prima Facie (presumed) unreasonable UNLESS warrant or authority tell otherwise. |
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7 steps of reasonable expectation of privacy R.v. Edwards: |
1. Presence at time of search 2. Possession or control of property or place searched 3. Ownership of property 4. Historical use of property 5. Ability to regulate access, including right to admit or exclude others 6. Existence of subjective expectation of privacy AND 7. Objective reasonableness of expectation |
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3 factors impacting reasonableness of search R. V. Collins |
-Is the search authorized by law? -Is the law itself reasonable? -Was the manner in which the search was carried out reasonable? |
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6 steps of consent for search R.V. WILLS: |
1. There was consent, expressed or implied 2. Giver of consent had authority to give consent 3. Consent was voluntary 4. Giver of consent was aware of nature of police conduct to which he/she was being asked to consent to 5. Giver of consent was aware of right to refuse 6. Giver of consent was aware of potential consequences of the consent |
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6 steps of consent for search R.V. WILLS: |
1. There was consent, expressed or implied 2. Giver of consent had authority to give consent 3. Consent was voluntary 4. Giver of consent was aware of nature of police conduct to which he/she was being asked to consent to 5. Giver of consent was aware of right to refuse 6. Giver of consent was aware of potential consequences of the consent |
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What is the plain view doctrine? |
-must be lawfully present - by warrant or otherwise -the discovery was inadvertent -articles discovered were clearly incriminating |
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What is abandonment in regards to search? |
Police May search Property if it is abandoned. No one near by claims ownership |
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What is search incident to arrest? |
-Common law search authority for police officers that allows officers to search upon arrest
-Arrest must be lawful
-Purpose of search must someway be related or connected
-Search must be conducted in reasonable manner
-Can always search for: weapons, evidence and means of escape
-Can search: Person
Immediate area where person was arrested
Vehicle if flowed directly from arrest And vehicle trunk if reasonably believes more evidence is likely found there |
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What are all the schedules of drugs listed in the CDSA? |
Schedule I: Hard Drugs Schedule II: Weed Schedule III: Hallucinogens Schedule IV: -Benzodiazepines -Anabolic Steroids -Barbiturates Schedule V: -Propylhexadrine (nasal inhaler) Schedule VI: -Precursors Schedule VII: Trafficking Schedule VIII: Cannabis Resin Cannabis marijuana |
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What is the offence of possession defined as in the CDSA? |
(User) -Except as authorized under the regulation, no person shall possess a substance included in Schedule I,II or III -Hybrid/dual offence -Indictable for Arrest purposes |
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What is personal possession defined as under the CDSA? |
-Momentarily -On or in the person -Physicial possession + intent to possess= knowledge |
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What is constructive possession defined as in the CDSA? |
-Not in physical control of person -In a place where they have knowledge and degree of control over it |
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What is joint possession defined as in the CDSA? |
Person has joint possession if: -They have Knowledge of controlled substance AND -They Consent to its presence AND -They have any degree of Control |
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What is the offence of Possession for the purpose of trafficking defined as in the CDSA? |
No person shall for the purposes of trafficking, possess a substance included in Schedules I, II, III & IV Facts in issue: -Quantity and Quality -Presence of money, linked to accused, amount, locations and denominations -Debt lists, written or electronic -Packaging materials -Cell phones, record activity and how much -Scales -meeting known drug dealers |
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What arrest authority do police officers have in the Cannabis Act? |
-Finds person in contravention of act -Fails to identify (name and address) Or Reasonable grounds to believe identity provided is false May arrest without warrant |
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No one shall drive or have care or control of a vehicle or boat, whether or not it is in motion, while any cannabis is contained in the vehicle or boat. Unless... |
a) it is in its original packaging and it unopened b) packed in baggage that is fastened closed or is not otherwise readily available to driver |
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What are the seizure authorities given in the Cannabis Act |
Police officer may seize anything including cannabis if the police officer have reasonable grounds to believe: a) Evidence of the offence b) Was used in the commission of the offence and if not taken it would likely be used again c) Proceeds of offence |
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When may a police officer search and seize contents of vehicle or boat (or anyone found within it) without a warrant in regards to the Cannabis Act? |
Police officer has reasonable grounds to believe that cannabis is being contained in contravention of subsection 1. |
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How old must you be to buy, use, possess and grow recreational cannabis? |
19 and older |
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How much cannabis are you allowed to possess in public at any time? |
30g |
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A residence has 3 people living within it. How many cannabis plants are they allowed to grow? |
Up to 4 plants per residence (not per person) |
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Is it legal to consume recreational cannabis in your workplace when you are on break? |
Consuming cannabis in the workplace remains illegal |
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Name some offences listed under the Cannabis Act |
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What is a vehicle as defined in the Cannabis Act? |
-Motorvehicle as defined in the highway traffic act (AMMO NOT SNOW PFIRST) -Motorized snow vehicle as defined in the motorized snow vehicles act -any other vehicle that may be prescribed |
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What is a boat as defined in the Cannabis Act? |
Includes any ship or boat or any description of vessel used or designed to be used in the navigation of water. |
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Where can you smoke or vape cannabis? |
-Private residences – this does not include residences that are also workplaces (e.g. long-term care and/or retirement homes) -Many outdoor public places (e.g. sidewalks, parks) -Designated guest rooms in hotels, motels and inns -Residential vehicles and boats that meet certain criteria (e.g. have permanent sleeping accommodations and cooking facilities, and are parked or anchored) -Scientific research and testing facilities (if the cannabis use is for scientific research and testing purposes) -Controlled areas in:long-term care homescertain retirement homesresidential hospicesprovincially-funded supportive housingdesignated psychiatric facilities or veterans’ facilities |
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What is a premise as defined in the Cannabis Act? |
Means land or structure either of them, including trailers and portable structures designed or used for residence, business or shelter, and includes parts of a premises |
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What are the Declaration of Principals in regards to the youth criminal justice act? |
-Extra-judicial measures often the most appropriate and effective ways to address youth crime -Allow effective and timely intervention to correct behaviour -EJM adequate to hold young person, committing a non-violent office, accountable for behaviour and has not previously been found guilty of an offence. |
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What are the principles of the Youth Criminal Justice Act? |
-Prevent Crime -Rehabilitate and reintegrate -Meaningful consequences -Timely intervention -Promote the long term protection of society |
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What are Extra Judicial Measures as defined in s.6(1) of the Youth Criminal Justice Act? |
-Used for Young persons committing non-violent/non-serious offence and not previously found guilty of an offence -Police officers may initiate EJM in lieu of laying charges |
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At what point in the stage of proceedings does a young person have right to counsel? |
Right to Counsel at any stage of proceedings and court cannot waive counsel. |
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In regards to s.26 of the Youth Criminal Justice Act, when must notice be given to parent? |
Upon Arrest/Detention -OIC give or cause to be given notice -ASAP in writing or orally -Reason for arrest detention
If Charged -Summon or Appearance Notice issuing officer will give notice in writing -Place of detention
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Caution to charged person (Youth): |
It is my duty to tell you that you do not have to tell me anything about this unless you want to. Do you understand? It is also my duty to tell you that whatever you say may be given in evidence. Do you understand? |
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In Regards to evidence notebooks shall be: |
T.C.A.D. Thorough Consistent Accurate Detailed |
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What is the acronym about types of evidence? |
Testimony of witnesses/accused Presentation of Documents Objects REAL |
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Role of police at a crime scene in regards to evidence. What is the acronym? |
P.I.C.T. Preserve Identify Collect Tender |
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What is the law of relevancy? |
Information provided must be relevant to the matter in court and proving or disproving facts-in-issue |
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What are the 4 ways to prove facts in issue? |
1. Direct- most commonly eyewitness testimony. From senses. 2. Circumstantial- Infers or suggests that some fact is true from the existence of other proven facts. Sufficient evidence be grouped to constitute conclusive proof of guilt 3. Presumption- Presumption of fact: Arguable logical conclusion from circumstantial evidence. Presumption of law: Set out and located within the statute. Can be rebuttable or irrebuttable. 4. Corroboration- Independent Evidence which tends to support another piece of evidence. |
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What is Locard's exchange principle? |
Anytime there is contact with a scene or item, there will be a trace of it exchanged. |
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What is the acronym for how to protect a crime scene? |
C.O.R.E. Control - limit access to scene, entry/exit points, minimize & identify contamination Observe - Assess and search scene, listen to what's being said if parties are present. Does it all match up? Record - Take extensive notes of observation, diagrams, crime scene registry Evaluate - Use good judgement, common sense, your experience, partner's experience. |
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What takes precedence? The needs of emergency personnel or the need to preserve physical evidence? |
The needs for emergency personnel far outweigh the need to preserve physical evidence |
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Who sets the tone for the outcome of the entire investigation at a major crime scene? |
The first officer |
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What are the 4 major exclusionary rules in regards to evidence? |
1. The Charter Rule 2. Opinion Evidence 3. Bad Character Evidence 4. Hearsay Evidence |
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What is a crown brief? |
A crown brief contains all the information about an individual's particular charge(s). In the brief will be a copy of the police synopsis, criminal record, a copy of the police notes, and any evidence such as videotapes. |
