Final Exam Review Flashcards
(17 cards)
Who can you serve production orders too?
Anyone that is not the accused
How do you prove causing an adverse effect in court?
Photographs
What is an inspection?
Inspections are used to ensure regulations are being complied with
What is an investigation?
Investigations happen when an officer has reasonable and probable grounds that an offence had been committed. The primary focus of an investigation is to collect evidence.
What defense can be used when strict liability is at play?
Due Diligence
What are some officer actions for inspections?
- Enter at any reasonable time
- Inspect
- Seize, remove, detain to stop or prevent adverse effects
- Answer
- Provides
- Require
- Produce
What are some officer actions for investigations?
- Enter
- Search
- Seize
- Arrest
- Detain
- Remove
- Open
- Examine
There arrest authority under EMPA?
False
Where do you go to arrest under EMPA?
Canadian Criminal Code
What are the 5 components of a complex investigation?
- Information and Intelligence
- Initiate Investigations
- Incident
- Environmental Elements
- Priorities
3 Categories of offence types that were determines by the Sault St. Matie case?
-Strict Liability
-Absolute Liability
-Mens rea
What are the two guidelines the Crown issues before taking the case to trial?
- Public interest and responsibility; and
- Possibility and chance of conviction
What are other pieces of legislation that can be used to charge under when dealing with sampling and contamination of water?
-EMPA
-Federal and Provincial Fisheries
-Hazardous Substances and Waste Dangerous Goods Regulations
In what scenarios can an officer be accompanied by someone on a case?
When expertise in a particular field or their
knowledge of facts relevant to the
matter being investigated
How long can items be seized for?
45 days
Do you have inspection authority under empa?
Yes
