CMTP Test #1

Question 1

What document is the Supreme Law of Canada?

Answer 1

The Constitution

Question 2

What document helps to protect and enshrines certain basic rights and freedoms, specifically in interactions between the government and the people?

Answer 2

The Charter of Rights and Freedom

Question 3

According to the Charter any action by government officials which restricts an inmates rights more than they would otherwise be restricted simply because they are incarcerated must be authorized by ____________.

Answer 3

The law

Question 4

Whenever the law authorizes that a Charter Right may be restricted, that restriction must be well justified and __________.

Answer 4

Documented

Question 5

Section 1 of the Charter states that the government may pass laws for very specific and exceptional circumstances that will limit a right or freedom guaranteed by the Charter. In CSC that authority is usually derived from what?

Answer 5

The CCRA and the CCRR

Question 6

Section 2 of the Charter states that everyone has what fundamental freedoms?

Answer 6

Freedom of conscience and religion.

Freedom of thought, belief, opinion and expression.

Freedom of peaceful assembly.

Freedom of association.

Question 7

Section 7 of the Charter states that the basic legal safeguards when dealing with the state are designed to what?

Answer 7

To protect the individual and ensure that legal proceedings are fair.

Question 8

Section 9 of the Charter establishes each persons right to not be arbitrarily detained and imprisoned. This obligates the CSC to have to show reasonable cause to what?

Answer 8

Place an offender in Administrative Segregation which is an additional form of detention.

Question 9

Section 12 of the Charter states that persons shall not have to endure any cruel or unusual treatment or punishment. The criterion for this is what?

Answer 9

Whether it is so excessive as to outrage public standards of decency.

Question 10

Section 24 mandates that every individual is equal before and under the law, and has the right to equal protection and benefit without discrimination. Generally these are applied to race, religion, or gender. They also apply to whom?

Answer 10

Persons who are incarcerated.

Question 11

In relation to procedural fairness, managers who make decisions that seriously impact a persons rights are _______?

Answer 11

Bound by he Duty to Act Fairly. This is not a specific act but is enshrined in CSC policy.

Question 12

Decisions must be based upon our ______. This authority comes from what two documents?

Answer 12

Legal Authority.

The CCRA and the CCRR.

Question 13

The Duty to Act Fairly includes the right to be _______ , the right to a fair and impartial hearing which is free from __________ , and the right to _______ or _______.

Answer 13

Heard

Bias

Relief or remedy

Question 14

What is the primary focal point for all decisions and actions taken by government employees?

Answer 14

The Rule of Law.

Question 15

The Rule of Law is based on what three values?

Answer 15

1. We are all governed by the law.
2. We are equal before it.
3. No one, not even government, stands above it.

Question 16

Administrative Law deals with legal limits placed on government officials. It dictates that the ___________ of a decision must be correct and that the proper _________ must be followed in arriving at the decision.

Answer 16

Substance

Process

Question 17

Managers must be familiar and operate under appropriate legal authority when making decisions. This flows from what three areas?

Answer 17

1. The Charter and Constitution.
2. Statutes, regulations and policy.
3. Common Law and Civil Code (Quebec Common Law)

Question 18

The CCRA provides the Institutional Head, and only the Institutional Head, the authority to segregate an offender under Section _________ of the CCRA. As a manager where do we specifically derive our legal authority to segregate an offender as the OIC?

Answer 18

CCRA 31

CCRA 2(b)
CCRR 6(c)

Question 19

Can Correctional Managers always act as the Institutional Heads delegate?

Answer 19

During regular business hours when the Institutional Head is present we must still seek authorization from them. Our delegation is only to be exercised when they are not present.

Question 20

Segregation is what?

Answer 20

A status not a place.

Question 21

An offender that has been order to be confined to their cell in the unit is considers to be what?

Answer 21

Segregated

Question 22

All Managers are obligated by what to investigate any reasonable alternatives to segregation before placing them there?

Answer 22

Law

Question 23

The three (3) general alternatives to segregation are what?

Answer 23

1. Voluntary (Individual) cell lockup.
2. Change of Address (cell location).
3. Mediation.

Question 24

The purpose of individual lock up is to diffuse a confrontational situation and prevent escalation that could result in violence or the use of force. T or F.

Answer 24

True

Question 25

The inmate must explicitly or implicitly consent to this option as a voluntary alternative to Administrative Segregation. T or F?

Answer 25

True

Question 26

The use of this option and the inmate’s consent to this option must be adequately documented. T or F?

Answer 26

True

Question 27

Staff are responsible to supervise and monitor the offender during this period of temporary lock up. T or F?

Answer 27

True

Question 28

The use of individual lock up can be extended over the duration of a normal weekend (2 days). T or F?

Answer 28

False. This is only allowed for a day or evening not 24 or 48 hours.

Question 29

What impact does CCRA 37 have on segregated offenders?

Answer 29

States that Segregated offenders have the same rights as General Population offenders except those that are required to be limited due to the segregation placement (ie no belts or personal razors in the cell)

Question 30

What are the new time frames for giving an offender their effects once placed in Segregation?

Answer 30

Immediately upon admission, their personal property items related to hygiene, religion and spirituality, medical care and non-electronic personal items (e.g. photographs, phone cards, phone book), subject to safety and security concerns in accordance with section 37 of the CCRA Their remaining personal property items must be issued within 24 hours of admission to administrative segregation, subject to safety and security concerns in accordance with section 37 of the CCRA Found in CD 709 para 39 (a and b)

Question 31

Where does designation of Peace Officer status come from?

Answer 31

CCRA 10 Peace Officer Designations. | CD 003 clarifies this.

Question 32

Where does our peace officer designation protect us?

Answer 32

Members designated as peace officers are: | While employed within the Institutional reserve and while supervising offenders within the community

Question 33

Name five (5) I/M behaviours.

Answer 33

1. Cooperative 2. Verbally Resistive 3. Physically Uncooperative (passive & active) 4. Assaultive 5. Grievous Bodily Harm or Death 6. Escape

Question 34

What are the appropriate Management Strategies?

Answer 34

1. Dynamic Security 2. Staff presence 3. Verbal Intervention 4. Conflict Resolution 5. Negotiation 6. Verbal orders Use of Force options 1. Restraint Equipment 2. Inflammatory agents 3. Chemical agents 4. Physical handling 5. Batons/other intermediary weapons 6. Firearms

Question 35

Use of Force is governed by which CD?

Answer 35

CD 567-1

Question 36

The use of chemical agents and inflammatory sprays is governed by which CD?

Answer 36

CD 567-4

Question 37

What legal document gives us the authority to use force as a peace officer?

Answer 37

``` CCC 25(1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law ``` (a) as a private person, (b) as a peace officer or public officer, (c) in aid of a peace officer or public officer, or (d) by virtue of his office, is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.

Question 38

CCRA 3 | Three caveats

Answer 38

1. Familiar with acts regulations and laws Diligently, impartially, and in accordance with the Act and the Mission of the CSC that changes from time to time To encourage and assist offenders to become law abiding citizens.