Fed Law 11 Onward

Front 1

Trespass at Night:

S. 177 C.C.

Back 1

Everyone who, without lawful excuse, loiters or prowls at night on the property of another person near a dwelling house situated on that property.

* Summary conviction.

Front 2

Definition of Night:

Back 2

Means the period between nine o'clock in the afternoon to six o'clock the following day.

Front 3

Trespass at Night:

Back 3

• Whole or part of any building or structure

• Kept or occupied as a permanent or temporary residence

• Includes building within curtilage of a dwelling house - connected by a doorway or covered passageway

• Includes unit designed to be mobile

• To be used as a permanent or temporary residence

• Being used as such

Front 4

Voyeurism

S. 162 C.C.

Back 4

Everyone commits an offence who:

•surreptitiously observes - including by mechanical or electronic means

OR

•makes a visual recording of a person

• who is in circumstances that give rise to a reasonable expectation of privacy, if

• Person is in a place where reasonably expected to be nude, to expose genitals/anal region/her breasts/to be engaged in explicit sexual activity OR

• Person is nude, exposing genitals/anal region/her breasts/engaged in explicit sexual activity and recording is done for the purpose of observing/recording person in state or activity OR

• Observation/recording done for a sexual purpose

Front 5

Mischief

S. 430. (1) C.C.

Back 5

Everyone commits mischief who willfully

a) destroys or damages property

b) renders property dangerous, useless, inoperative or ineffective

c) obstructs, interrupts or interferes with the lawful use or enjoyment of property; or

d) obstructs, interrupts or interferes with any person in the lawful use or enjoyment or operation of property.

Front 6

Mischief

S. 429 C.C. Continued…

Back 6

2) Cannot be convicted of an offence under S.430 if they act with legal justification or excuse or colour of right

3) If a person has a partial interest in what is destroyed or damaged they can still be convicted of an offence if they caused the destruction or damage

4) If a person has total interest in what is destroyed or damaged they can still be convicted of an offence if the destruction or damage was done with the intent to defraud.

Front 7

Cause Disturbance

S. 175(1)(a) C.C.

Back 7

Everyone who….

(a) 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, or ii. by impeding or molesting

Front 8

Cause Disturbance

Definition of Dwelling House (S. 2 C.C.)

Back 8

Everyone who, not being in a dwelling house....

• The whole or part of any building or structure

• kept or occupied as a permanent or temporary residence,

• including a building within the curtilage of a dwelling house

• connected to it by a doorway or covered passageway,

• unit designed to be mobile

• to be used as a permanent or temporary residence and

• being used as such a residence

Front 9

Cause Disturbance

Definition of Public Place S. 150 C.C.

Back 9

...in or near a public place...

• includes any place to which the public has access as of right or by invitation, express or implied

Front 10

Disturbance:

Back 10

An act causing annoyance or disquiet, interrupting the peace. Mere annoyance does not count, must interfere with the ordinary use of the premises. (Blacks Law Dictionary)

Front 11

Cause Disturbance

S. 175(1)(a) C.C.

Back 11

Everyone who

(a) 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, or ii. by impeding or molesting

Front 12

Cause Disturbance

S. 175(1)(b) C.C.

Back 12

..openly exposes or exhibits an indecent exhibition in a public place

Front 13

Cause Disturbance

S. 175(1)(c) C.C.

Back 13

..loiters in a public place and in any way obstructs persons who are in that place, or

Front 14

Cause Disturbance

S. 175(1)(d) C.C.

Back 14

Everyone who…

• disturbs the peace and quiet of the 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 the peace and quiet of the occupants of a dwelling-house comprised in the building or structure

• by discharging firearms or

• by other disorderly conduct 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

Front 15

Cause Disturbance

Evidence of a Peace Officer S. 175(2) C.C.

Back 15

In absence of other evidence, or by way of corroboration of other evidence, a summary conviction court may infer from the evidence of a peace officer relating to the conduct of a person or persons, whether ascertained or not, that a disturbance described in paragraph (1)(a) or (d) or an obstruction described in paragraph 1(c) was caused or occurred.

*Summary conviction

Front 16

Assault

S. 265.(1)

Back 16

A person commits an assault when

(a) without the consent of another person, he applies force intentionally, to that other person, directly or indirectly;

(b) he attempts or threatens, by an act or gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has the present ability to effect his purpose; or

(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs

Front 17

Assault

S. 265. (1)(a)

Back 17

• without the consent of another person

• applies force intentionally to that other person

• directly or indirectly

Front 18

Assault

S. 265. (1)(b)

Back 18

• attempts or threatens,

• by an act or gesture,

• to apply force to another person,

• causes that other person to believe on reasonable grounds

• has the present ability to effect his purpose.

Front 19

Assault

S. 265. (1)(c)

Back 19

• openly wearing or carrying

• a weapon or imitation thereof

• accosts

• impedes another person or

• begs

Front 20

Weapon:

S. 2 C.C.

Back 20

Means any thing used, designed to be used or intended for use

a) In causing death or injury to any person, or

b) For the purpose of threatening or intimidating any person includes any firearm and,

for the purposes of Sections 88, 267 and 272, any thing used, designed to be used or intended for use in binding or tying up a person against their will.

Front 21

Assault: Application

Sec. 265(2)

Back 21

• applies to all forms of assault

• sexual assault

• sexual assault with a weapon, threats to a third party or causing bodily harm and

• aggravated sexual assault

Front 22

Assault

Sec. 265(3)

Back 22

For the purposes of this section no consent is obtained where the complainant submits or does not resist by reason of:

(a) the application of force to the complainant or to a person other than the complainant.

(b) threats or fear of the application of force to the complainant or to a person other than the complainant

(c) fraud

(d) the exercise of authority

Front 23

Assault

Sec. 266

Back 23

Offence section - Everyone who commits an assault is guilty of

(a) An indictable offence and is liable to imprisonment for a term not exceeding five years; or

(b) An offence punishable on summary conviction

Front 24

Assault Cause Bodily Harm or with a Weapon

Sec. 267

Back 24

(a) carries, uses or threatens to use a weapon or an imitation thereof, or

(b) causes bodily harm to the complainant, or

(c) chokes, suffocates or strangles the complainant

Dual Procedure offence

Indictable - max 10 years

Summary conviction - max 2 years less a day

11

Front 25

Aggravated Assault

Sec. 268(1)

Back 25

• wounds

• maims

• disfigures or

• endangers the life of a person

Indictable offence - max 14 years

Front 26

Assault Peace Officer

Sec. 270 (1)

Back 26

Everyone commits an offence who

a) assaults a public officer or a peace officer engaged in the execution of his duty or a person acting in aid of such an officer;

b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or

c) assaults a person

(i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure; or

(i) with intent to rescue anything taken under lawful process, distress, or seizure.

Front 27

Assault Peace Officer

Sec. 270 (1)(a)

Back 27

•assaults a public officer or a peace officer engaged in the execution of his duty or a person acting in aid of such an officer;

Execution of Duty:

"Lawfully performing an identifiabl statute or common law"

Front 28

Assault with Intent to Resist Arrest

Sec. 270 (1)(b)

Back 28

assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or

Front 29

Assault Peace Officer

Sec. 270 (1)(c)

Back 29

Everyone commits an offence who assaults a person…

•who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure; or

•with intent to rescue anything taken under lawful process, distress, or seizure.

Front 30

Assault Bodily Harm Peace Officer

Sec. 270.01(1)

Back 30

Everyone commits an offence who, in committing an assault referred to in section 270:

a) carries, uses or threatens to use a weapon or an imitation of one, or

b) causes bodily harm to the complainant

Dual Procedure offence

Indictable max 10 years,

Summary 2 years less a day

Front 31

Aggravated Assault of Peace Officer

Sec. 270.02

Back 31

Everyone who, in committing an assault referred to in section 270…

•wounds,

•maims,

• disfigures or

• endangers the life of

Indictable offence - max 14 years

Front 32

Disarming a Police Officer

Sec. 270.1

Back 32

(1) Everyone commits an offence who, without the consent of a peace officer, takes or attempts to take a weapon that is in the possession of the peace officer when the peace officer is engaged in the execution of his or her duty.

(2) For the purpose of subsection (1), "weapon" means anything that is designed to be used to cause injury or death to, or to temporarily incapacitate, a person.

Dual Procedure Offence

Indictable max 5 years

Summary max 2 years less a day

Front 33

What is a search?

Back 33

To look into or over carefully or thoroughly in an effort to find or discover something.

Front 34

Principles of Search

Back 34

State's need to investigate crime and keep society safe.

&

Rights of individuals to be secure in legitimate private affairs.

Front 35

R v. Edwards

Back 35

Reasonable Expectation of Privacy is to be determined on the basis of the totality of the circumstances in each case.

The SCC developed a 7-step test to determine if someone has reasonable expectation of privacy. This is based on the person not place.

Front 36

Edwards Test

Back 36

The 7- step Test:

1. Was the party present at the time of the search?

2. Did the party have possession or control of the property or place searched?

3. Did the party have ownership of the property?

4. Did the party have historical use of the property?

5. Did the party have the ability to regulate access, including right to admit or exclude others?

6. Did the party have the existence of a subjective expectation of privacy?

7. The objective reasonableness of the expectation

Front 37

Breach of s. 8 CA:

Back 37

Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction obtain such remedy as the court considers appropriate and just in circumstances s. 24(1)

Where in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

s. 24(2)

Front 38

R v. Grant

S. 24(2)

Back 38

The court must balance an assessment under all three lines of inquiry to determine, whether in all the circumstances, admission of the evidence would bring the administration of justice into disrepute:

1. The seriousness of the Charter-infringing state conduct

2. The impact of the breach on the accused's Charter-protected interests

3. Society's interests in the adjudication of the case on its merits

Front 39

What types of law will justify a search?

Back 39

Statute law - Criminal Code, CDSA, LLCA, HTA, Cannabis Control Act.

(warrants, plain view doctrine)

Common law - incident to arrest, plain view doctrine

Case law - consent search

Front 40

R v Collins

A search will be reasonable if:

Back 40

1. Authorized by the law,

2. The law must be reasonable

3. The manner in which the search was carried out was reasonable.

Front 41

Search Incident to Arrest

Back 41

1. Arrest must be lawful

2. Search must have been conducted as an incident to a lawful arrest

3. Manner in which the search was conducted must be reasonable

Front 42

SIA: What are you allowed to search for incident to arrest?

Back 42

Safety - weapons/injury

Evidence - of the offence

Escape - means of escape

Front 43

SIA: What if it interferes with bodily integrity?

Back 43

1. Exigent circumstances

2. Reasonable grounds

3. Availability of procedure to obtain a search warrant

4. Rights to counsel

Front 44

R v Golden

Back 44

Search Incident to Arrest - Strip Search

Was this a lawful search incident to arrest based on?

1. Arrest must be lawful

2. Search must have been conducted as an incident to a lawful arrest

3. Manner in which the search was conducted must be reasonable

It interferes with bodily integrity?

1. Exigent circumstances

2. Reasonable grounds

3. Availability of procedure to obtain a search warrant

4. Rights to counsel

Front 45

Search Incident to Arrest - Strip Search

Back 45

1. Must be conducted in a reasonable manner.

2. As a general rule should be conducted at the police sti private location

3. Ensures the health and safety of all involved.

4. Should be authorized by a police officer acting in a su capacity

5. Search should be conducted by officers of the same ge

6. Number of police officers involved in the search be no more than is reasonably necessary in the circumstances.

7. Minimum of force necessary to conduct the strip search.

8. Search to be conducted as quickly as possible and in a way that ensures that the person is not completely undressed at any one time.

9. Strip search involves only a visual inspection of the arrestee's genital and anal areas without any physical contact.

10. If visual inspection reveals the presence of a weapon or evidence in a body cavity (not including the mouth), detainee is to be given the option of removing the object himself or of having the object removed by a trained professional.

11. Proper record to be kept of the reasons for and the manner in which the strip search was conducted.

Front 46

Strip Search Documentation:

Back 46

Document items found and or items removed

• Why the items were removed (articulate your reasons)

• Distinguish between the types of search that led to the finding and/or removal of the item (i.e. search incident to arrest, strip search incident to arrest

Front 47

R v Fearon

Back 47

Prompt cell phone searches incident to arrest may serve important law enforcement objectives:

• Identify and mitigate risks to public safety

• Locate firearms/stolen goods/evidence (preserve evidence)

• Identify accomplices and prevent suspects from evading police

• Warn officers of possible/impending danger

• Allow officers to follow leads promptly

Cell phone searches also have an element of urgency, which supports the extension of the power to search incident to arrest.

Front 48

The below types of crimes are most likely to justify a limited search incident to arrest of a cell phone or smart device:

Back 48

• Crimes of violence or threats of violence

• Risk to public safety

• Serious property offences that involve readily disposable property

• Drug trafficking

Front 49

Four criteria by R v Fearon to justify lawful cell search:

Back 49

1. The arrest itself must be lawful

2. The search must truly be incidental to arrest, meaning the search must be done promptly upon arrest and for a valid purpose ( preserving / locating evidence)

3. The nature and extent of the search must be tailored to its purpose. Only recently sent emails, text messages, phone calls and photographs

4. Detailed notes must be taken and include when and how the pho was examined.

You MUST include:

• Applications searched

• Time of search

• Duration of search

• Purpose of search

Front 50

SIA: Residence

When a person is arrested INSIDE residence police may search the surrounding area of the arrest to:

Back 50

• guarantee the safety of the police and arrested perso

• prevent the person's escape or

• provide evidence against them

Front 51

What if the area is outside the physical control of the person?

Back 51

Police must have reasonable suspicion that there is a safe risk to the police or the arrested person.

Front 52

Reasonable suspicion:

Back 52

A constellation of objectively discernible facts assessed against the totality of the circumstances giving rise to the suspicion of risk

Front 53

SIA: motor vehicle

Back 53

1. To ensure the safety of the police and the public

2. To protect evidence from destruction by the arrestee or others

3. To discover evidence for use at trial.