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15 Cards in this Set
- Front
- Back
Enforcement Priorities |
Alcohol and Tobacco Currency and Monetary Instruments Firearms and Weapons Hazardous Waste Jewelry and Watches Drug and Precursor Chemical Obscenity and Hate Propaganda Endangered Species- CITES Counter Terrorism Our Missing Children Child Pornography Trafficking in Persons |
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Customs Act Offences |
Narcotics Firearms Child pornography Significant quantities of controlled/regulated goods (alcohol or tobacco) Revenue evasion Hindering an officer |
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Designated Officers - Customs Act |
163.4(1) - Designation by President: designate any officer to part and provide certificate of designation
163.4(2) - Admissibility of Certificate: admissible as proof of Officers Designation, w/o proof of signature, or character of person to have signed it
163.5(1) - Powers of Designation Officers: powers and obligations of Peace Officers under section 495 and 497, and 498(1)(a) and (b) of Criminal Code & 495(3) and 498(3) of the Criminal Code
**no Designated Officer will exercise powers unless: 1- POE has adequate detention capability 2- POE has police agreement in place |
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First Response Mandate |
- ID the offence - Detain or Arrest - Process per CBSA EN manual procedures - Refer the individual to Responding Police Agency |
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Canadian Charter of Rights and Freedoms |
7 - Everyone has the right to life, liberty, and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice
8 - Search and Seizure: everyone has the right to be secure against unreasonable search and seizure
9 - Detention or Imprisonment: everyone has the right not to be arbitrarily detained or imprisoned
10 - everyone has the right on arrest/detention: a) to be informed promptly of the reason therefore, b) to retain and instruct counsel without delay and be informed of that right, and, c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful 24 - Emforcement of guaranteed rights and freedoms: if person's rights are violated, courts can reverse legal action. Can result in loss of evidence, loss of statements, loss of court case, civil suit of officer |
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Reasonable Grounds |
Grounds to Suspect- need multiplicity of indicators Grounds to Believe- multiplicity of indicators, or one, and arrest after proof |
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4 Reasons for Detention |
Disrobement * Drug Loo Dismantle of vehicle * Waiting for arrest warrant confirmation * get advance permission from superintendent ** Detention for 24 hours or more: must request grounds to be reviewed by Chief of Operations. Renew request each 24 hours |
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Offences |
Summary Offence- less serious Indictable Offence- punishable, more serious, hearings and trials in front of judge and or jury Dual/Hybrid Offence- both summary and indictable. Considered indictable until ruled otherwise. |
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Subsection 495(1) - a peace officer may arrest without warrant |
A) a person who has committed an indictable offence/believes they have/about to commit B) a person whom he finds committing a criminal offence C) reasonable grounds to suspect warrant and is within territorial jurisdiction where person is found |
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Subection 495(2) - limitations to arrest |
Peace Officers shall not arrest without a warrant for: A) an indictable offence mentioned in section 553 B) offence where the person may be prosecuted by indictment or punishable on summary offence C) an offence punishable on summary conviction |
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RICE (arresting within limitations) |
RICE is used only when dealing with limitations R- repeat offences: if I do not arrest, will the subject repeat the offence? I- identification: does the subject have sufficient ID with them? C- court: will the subject fail to appear in court? (CPIC shows previous failure to attend/subject lives outside of Canada/subject province elsewhere in Canada/subject residence more than 200 Km from POE) E- evidence: the only way to secure or preserve evidence is to arrest |
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497 Apperance Notice |
497 issue of appearance notice by a peace officer. Issued only when: - indictable offence under 553 - dual procedure offense - summary conviction offence
And RICE was met so no arrest |
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498(1) release from custody: arrest without warrant |
Peace officer must asap release if: Peace officer intends to compel the person's appearance by way of summons The Peace officer issues an appearance notice to the person |
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Hindering an Officer (section 153.1) (customs act) |
Interfering and adversely affecting processing or travellers and goods. Napping travellers story |
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Obstructing an Officer (criminal code) section 129 |
Prevents officer from performing criminal code duties (demanding breath samples/processing individuals with outstanding warrants/possession of property obtained by crime/abducted or kidnapped persons) |