OPC Exam 3

Question 1

What are the 3 types of law?

Answer 1

Statute, common, and case

Question 2

What is section 7 of the charter?

Answer 2

Life, Liberty, and Security of Person

Question 3

What is section 8 of the charter?

Answer 3

Search or seizure

Question 4

What is section 9 of the charter?

Answer 4

Right to not be arbitrarily detained or imprisoned

Question 5

What is section 10 of the charter?

Answer 5

Upon arrest, right to be informed of reason for, retain and instruct counsel without delay, validity of detention be determined by way of habeus corpus

Question 6

What does RCA stand for and how does it apply to policing?

Answer 6

Recognize - the offence
Classify - dual, indictable, summary
Authority - what authorities do we have to arrest

Question 7

What are facts in issue?

Answer 7

elements of the offence that must be proved in court

Question 8

Elements of the offence: what does TIPP stand for?

Answer 8

Time and date of offence
Identity of the accused
Place of the offence
Plus elements of the offence

Question 9

How does a court process commence?

Answer 9

By laying an information

Question 10

How does S. 25 of the Criminal Code protect us as police officers in the course of the lawful execution of our duties?

Answer 10

It allows us on reasonable grounds and justified in doing what is required or authorized to do and in using as much force as is necessary for that purpose

Question 11

What is the 3 branch test?

Answer 11

Is it lawful?
Is it necessary?
Is it reasonable?

Question 12

What section of the criminal code deals with the excessive use of force?

Answer 12

S. 26

Question 13

What section of the criminal code identifies citizens powers of arrest without warrant?

Answer 13

Section 494 (1) – ARREST BY ANY ONE
*
Anyone may arrest without warrant:
- A person whom he FINDS COMMITTING an indictable offence
- A person who, on reasonable grounds, he believes:
Has committed a criminal offence AND
- Is escaping from and freshly pursued by persons who have lawful authority to arrest that person
*
The helper clause – all they need is reasonable grounds that the person being pursued has committed a CRIMINAL OFFENCE (includes summary)
*
Ex: male running out of store and citizen says “stop that man” – lawful to pursue and arrest the male (doesn’t have to be running, could be security at a hospital)

Question 14

What does PIC stand for? (reason for arrest)

Answer 14

Prevent continuation of the offence
Investigate further
Ensure court appearance

Question 15

What section of the criminal code identifies the powers of arrest without warrant by a peace officer?

Answer 15

Section 495 (1) – ARREST WITHOUT WARRANT BY PEACE OFFICER
*
A peace officer may arrest without warrant:
o
A person who has committed an indictable offence (PRESENT), OR who, on reasonable grounds, he believes has committed or is about to commit an indictable offence
o
A person whom he finds committing a criminal offence
o
A person he has reasonable grounds to believe that a warrant of arrest or committal in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which person is found
▪
Territorial does not mean radius, means Ontario warrant or Canada-wide warrant

Question 16

What is breach of the peace and what section covers this?

Answer 16

Section 31 – BREACH OF PEACE
Peace officer is justified in arresting a person if:
*
Harm is actually or likely to be done to a person, or
*
In his/her presence, to his/her property, or
*
A person is in fear of being so harmed through an assault, affray, or riot
o
Think of health, safety, people and property
*
Peace officer witnesses Breach of the Peace OR
*
Reasonable grounds a person is about to join in or renew Breach of the Peace
*
Only a procedural arrest – no offence (ADULT TIMEOUT TO DE-ESCALATE)

Question 17

What are the steps for a proper arrest?

Answer 17

*
Identify yourself as Police Officer
*
Tell person they are under arrest (Judge’s rule)
*
Tell person reason for the arrest (S. 10(a) of Charter and S. 29(2) C.C.)
*
Take physical control
*
Inform them of their Rights to Counsel (S. 10(b) of Charter)
*
Ensure they understand the reason for the arrest and their Rights to Counsel

Question 18

What are the 4 P’s of public interest?

Answer 18

Protection of public
Protection of accused/victim
Protection of property
Prevent breach of the peace

Question 19

What is investigative detention?

Answer 19

“Reasonable grounds to suspect that the individual is connected to a particular crime and detention is necessary on objective view of the circumstances” (R v. MANN)
*
Does not impose an obligation on person being detained to answer questions

Question 20

What is articulable cause?

Answer 20

a constellation of objectively discernable facts which give the detaining officer reasonable cause to SUSPECT that the detainee is criminally implicated in the activity under investigation

Question 21

What do you need to meet/ensure in order to release?

Answer 21

PRICES

Public interest
repetition/continuance
identity
court appearance
evidence
safety and security of victims/witnesses

Question 22

What are the principles of restraint?

Answer 22

Decision regarding release by peace officer, justice or judge:
*
Primary consideration to release accused at earliest opportunity
*
Least onerous conditions that are appropriate in circumstances
*
Conditions must be reasonable for accused to comply with
*
Peace officer must take into consideration the grounds under s. 498(1.1) PRICES and 515(10)-JP for releasing on bail

Question 23

What is a criminal summons?

Answer 23

S.498(1) and s 498 (1.1) C.C. states that a Peace Officer who arrests a person MAY compel their appearance to court by way of a criminal summons once PRICES has been satisfied
*
A criminal summons may also be issued to a person where there exists no authority to arrest w/o warrant
o
i.e. Peace Officer did not find committing a summary conviction offence (i.e. cause disturbance)
*
Criminal summons may also be issued after an investigation is complete and no reason for an arrest exists.

Question 24

What is an appearance notice?

Answer 24

Form 9 - s. 497

If a peace officer does not arrest due to the limitations in s. 495(2) (PRICE) then an appearance notice may be issued for:
*
(a) An indictable offence mentioned in 553
*
(b) A dual procedure offence
*
(c) A summary conviction offence
If PRICE is satisfied and you MUST have arrest authority to issue appearance notice (minor crimes)

Question 25

What are the types of releases available to peace officers?

Answer 25

Undertaking or appearance notice

Question 26

What is an undertaking?

Answer 26

FORM 10 s. 498(1)(c) * Where person has been taken into custody (in cells) * 498(1.1) is satisfied (PRICES) * release on an undertaking (Form 10) * Mandatory Condition = accused court date * If accused does not sign/refuses – does not invalidate undertaking

Question 27

What is an assault?

Answer 27

Person commits assault when: * Without consent, applies force intentionally, directly or indirectly * Attempts or threatens, by ACT OR GESTURE to apply force, person to believe on reasonable grounds has the PRESENT ABILITY TO EFFECT * Wearing or carrying a weapon or imitation thereof, accosts, impedes or begs

Question 28

What is a weapon as defined in s. 2 of the CC

Answer 28

Is anything used, designed, intended for use in causing death or injury OR * For the purpose of threatening or intimidating a person and includes any firearm and, * For the purposes of Sections 88, 267 and 272, for use in binding or tying up a person against their will.

Question 29

What is 'night' as defined in s. 2 of the CC

Answer 29

9:00pm - 6:00am

Question 30

What is trespass @ night s. 177 CC and what level of charge is it?

Answer 30

Every one who: * Without lawful excuse * Loiters (no intent) or prowls (evil intent) * At night on the property of another person * Near a dwelling house situated on that property Summary conviction

Question 31

What is voyeurism s. 162(1) CC and what level of charge is it?

Answer 31

Every one commits an offence who, * Surreptitiously (secretly, avoiding attention) 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 o (a) Person is in place where reasonably expected to be nude, to expose genitals/anal region/her breasts/to be engaged in explicit sexual activity OR o (b) Person is nude, exposing genitals/anal region/her breasts/engaged in explicit sexual activity AND recording is done to observe/record person in state or activity OR o (c) Observation/recording done for a sexual purpose Dual procedure

Question 32

What is mischief s. 430(1) CC and what level of charge is it?

Answer 32

Every one who WILFULLY: * (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

Question 33

What is a disturbance in relation to the charge "cause disturbance" of s. 175(1) of the CC

Answer 33

an act causing annoyance or disquiet interrupting the peace. Mere annoyance does not count, must interfere with the ordinary use of the premises.

Question 34

What is utter threats s. 264(1) of the CC and what classification of offence is it?

Answer 34

Everyone who in any manner * Knowingly utters, conveys or causes any person to receive a threat * (a) To cause death or bodily harm * (b) Burn, destroy or damage property OR * (c) Kill, poison or injure an animal or bird that is property of any person

Question 35

Reasonable expectation of privacy: R v. Edwards SCC 1996

Answer 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 a reasonable expectation of privacy. This is based on the person not the place. * Edwards: drug dealer arrested by police, police knew he had more product at his gfs house, officers went to house and gf refused entry, officers said we’re going to get a warrant and come in anyway so she lets them in and they find the drugs and arrest, Edwards says not fair because he had reasonable expectation to privacy at gfs house o Came up with 7 Step test to determine reasonable expectation of privacy (no search allowed)

Question 36

What does it mean to search?

Answer 36

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

Question 37

What is the 7 step test also known as the Edwards test?

Answer 37

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

Question 38

What was R v. Grant in relation to psychological detention?

Answer 38

High school kid dealing drugs, officers approached him and he was in psychological detention, they asked if he had anything he shouldn’t and he gave up his drugs, in court he argued he was in detention and if he had known that he would not have told them about the drugs, end result = exclude drugs, keep firearm as evidence

Question 39

What does the court take into consideration if evidence should be admissable?

Answer 39

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

Question 40

What makes a search incident to arrest lawful?

Answer 40

1. Arrest must be lawful 2. Search must have been conducted as an incident to a lawful arrest (immediately after) 3. Manner in which the search was conducted must be reasonable

Question 41

What can you search for? (think W.E.E.)

Answer 41

Weapons Evidence Escape

Question 42

Requirements for a strip search (think R.E.A.R)

Answer 42

Reasonable grounds * Exigent circumstances (can’t wait for a warrant) * Availability of procedure to obtain a search warrant * Rights to counsel

Question 43

R vs Golden SCC 2001 (strip search gone wrong)

Answer 43

* Following the arrest in a shop, officers conducted a “pat down” search of Golden and did not find any weapons or narcotics. The officer undid Golden’s pants and pulled them back along with Golden’s long underwear. The officer saw clear plastic wrap protruding from his buttocks as well as a white substance within the wrap. The officer tried to retrieve the bag and Golden hip checked him * Officers forced him to bend over the table and lowered his pants and underwear down, officer tried to seize bag, Golden defecated. An officer retrieved rubber dishwashing gloves and tongs, found 10.1 grams of crack cocaine * Lawful arrest, Search was conducted incident to arrest, Manner in which search was conducted WAS NOT REASONABLE

Question 44

Three main purposes of search incident to arrest in a motor vehicle are:

Answer 44

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

Question 45

What is the plain view doctrine?

Answer 45

The plain view doctrine is a power to seize, NOT a power to search

Question 46

What was R v. Godoy?

Answer 46

In response to a disconnected 911 call, officers attend a residence. The accused answers the door. * The accused attempts to close the door, and the police force their way in 165 * They find a woman sobbing in the bedroom, with signs of injury. * She tells the police that the accused hit her, and the police arrest the accused. * The warrantless entry was justified on the basis of the common law duties of the police to protect life, and prevent serious injury. * The conduct of the police involved a justifiable use of their power in the circumstances. * Justifies forced entry into dwelling house to ascertain health and safety of 911 caller, intrusion must be limited to protection of life and safety

Question 47

What does an inventory search for motor vehicles authorize the police to do?

Answer 47

* An inventory search authorizes the police to enter a vehicle for the purpose of cataloguing visible contents when the police are under a responsibility to safeguard that property while it is in their custody. o NOT just plain view, we can go into everything * If the inventory search is being done pursuant to the police service’s policy only and there is no other lawful authority then this is not going to be considered to be a good search. * The purpose of the search must be related to the objectives of the proper administration of justice

Question 48

What was the impact of R v. Feeney?

Answer 48

* Warrantless arrests in private dwellings are prohibited by Charter * Need a warrant to enter dwelling to arrest, unless an exception applies o Hot pursuit o Exigent circumstances S. 529 CC

Question 49

What is the purpose of the residential tenancies act?

Answer 49

To ensure the rights, obligations and responsibilities between landlords and tenants are clearly understood Balance the power between landlords and their tenants “security of tenure”

Question 50

What is the role of the police in respect to the residential tenancies act?

Answer 50

* Keep the peace * Remain objective * Avoid giving legal advice * Make sure parties are safe and property is protected * Ask to see any pertinent documentation * Provide referrals * Police evidence may be required at tribunal and/or court – make good notes

Question 51

When do landlords have the right to enter?

Answer 51

* Between 8am and 8pm if notice given 24 hours to tenant * Notice must have reason for entry, date and time of entry * WITH NOTICE 24 hrs written notice to enter – S 27 (1) o Repair/replacement work o Mortgagee/insurer to view o Health, safety housing, or maintenance inspection * WITHOUT NOTICE o On consent o Or in emergency o To clean or as specified in lease agreement (regular) o Show unit if notice of termination given between 8am to 8pm

Question 52

What is the purpose of the child, youth, and family safety act?

Answer 52

focus is protection/well-being of children, not punitive

Question 53

What is the age of a child per the CYFSA?

Answer 53

18

Question 54

What does a place of safety not include?

Answer 54

a place of temporary detention, of open custody or of secure custody, such as a police station or a school – section 74(1), CYFSA.

Question 55

What are examples of a place of safety?

Answer 55

A foster home, a hospital, a person’s home that satisfies the requirements of subsection (4) or a place or one of a class of places designated as a place of safety by a Director

Question 56

In regards to a child in need of protection, what conditions need to exist? (lots of answers can apply here, only need one)

Answer 56

* physical harm – harm inflicted by person in charge of chid, failure to care for child, pattern of neglect * sexually molested / exploited – risk that child is likely to be sexually abused * requires medical treatment – person in charge doesn’t provide treatment to child * emotional harm – RGs that emotional harm is result of neglect of parent * mental, emotional, developmental condition * abandoned * under 12 years: serious offences – child killed or seriously injured someone and parent doesn’t provide services * parent surrenders custody * 16 or 17 with prescribed condition

Question 57

What is the curfew for children under 16 years of age?

Answer 57

Midnight - 6:00AM

Question 58

In regards to the LLCA, what requirements need to be met for a motor vehicle to be considered a private place where you can lawfully consume alcohol?

Answer 58

1. equipped with sleeping and cooking facilities 2. Not on a highway 3. Parked 4. Used as a dwelling

Question 59

In regards to the LLCA, what requirements need to be met for a boat to be considered a private place where you can lawfully consume alcohol?

Answer 59

1. Permanent sleeping 2. Permanent cooking 3. Sanitary facilities 4. anchored or docked

Question 60

What are the two arrest authorities in regards to the LLCA?

Answer 60

Arrest authority 1: 1. Intoxicated by alcohol AND 2. In a public place/common area AND 3. Arrest is necessary for any person Arrest authority 2: 1. Finds a person in contravention of this act AND 2. refuses to identify

Question 61

What are some conditions that might be mistaken for intoxication?

Answer 61

– fatigue – stroke – epilepsy – diabetes (smell of acetone not alcohol) – multiple sclerosis – head injury – fever – drug side effects

Question 62

Cannabis control act acronym for prohibitions by persons under 19

Answer 62

DCAPP Distribute Consume Attempt to purchase Purchase Possess

Question 63

3 ways to give notice in the Trespass to Property Act

Answer 63

1. Orally or in writing 2. Signs 3. Marking system

Question 64

With the TPA, when are signs applicable?

Answer 64

Visible in daylight

Question 65

What is a voluntary patient?

Answer 65

* Admitted on recommendation of physician * Not detained / restrained ➢ chooses to be admitted and can leave anytime

Question 66

What is an informal patient?

Answer 66

* Person who is a patient in a psychiatric facility under consent of another person who is entitled to give or refuse consent to treatment on his/her behalf o Chooses to be admitted and can leave anytime

Question 67

What is an involuntary patient?

Answer 67

* Person detained in a psychiatric facility under a certificate of involuntary admission or certificate of renewal

Question 68

MHA S. 15 Involuntary admission - Who, what, when, how

Answer 68

Who - physicians application for psychiatric assessment (form 1) When - follows examination of any person by any Ontario physician What - Apparently suffering from mental disorder, and danger to self/others, and unable to care for self How - Directed to any person including police, apprehend within 7 days of signed, authorizes detention for 72 hours in psychiatric facility

Question 69

MHA S. 33.3(1) Involuntary admission - who, what, when, how

Answer 69

Who - physicians order for examination (form 47) When - person fails to comply under community treatment order What - person suffering from mental disorder and requires continued care/treatment and supervision How - directed to police, apprehend within 30 days, return person to physician who signed order

Question 70

MHA S. 16 Involuntary admission - who, what, when, how

Answer 70

Who - justice of the peace order for psychiatric assessment When - information laid on oath by any person before a JP (typically a family member) What - Apparently suffering from mental disorder, and danger to self/others, and unable to care for self How - Directed to police (think JP = Just Police), apprehend within 7 days, take person to appropriate place to be examined by physician

Question 71

MHA S. 22 Involuntary admission - who, what, when, how

Answer 71

Who - judges order for admission to psychiatric facility (court ordered) When - where person is before the courts, under a charge or conviction What - Judge has reason to believe person suffers from a mental disorder How - senior physician reports in writing to judge

Question 72

MHA S. 17 Involuntary admission - why would the police apprehend under S. 17?

Answer 72

The situation is too dangerous to wait for a warrant. Authority allows us to take person into custody to an appropriate place to be examined by a physician

Question 73

MHA S. 17 4 part test

Answer 73

1. Police officer has R&PG to believe person is acting or has acted disorderly AND 2. Reasonable cause to believe person behaving violently towards self or others (risk to themselves or others), or unable to care for self AND 3. Opinion suffering from a mental disorder that will likely result in: serious bodily harm to self or others, or serious impairment to self, serious BH, does not mean suicide/homicide, but bodily harm more than trifling AND 4. Reasonable cause to believe it would be dangerous to proceed by way of application to JP (i.e. too dangerous to wait)

Question 74

When considering an apprehension under section 17 of the Mental Health Act, a police officer must have reasonable and probable grounds to believe the person:

Answer 74

is acting disorderly

Question 75

Under section 17 MHA, where a police officer has R & PG to believe that a person is acting or has acted in a disorderly manner; and the officer____________ ... of a nature or quality that likely will result in serious harm to anyone, the police officer may take the person in custody to an appropriate place for examination by a physician where not feasible to proceed under section 16.

Answer 75

is of the opinion that the person is apparently suffering from a mental disorder

Question 76

Where an Officer in Charge has issued a Form 9 Order for Return of an AWOL person, the order must be executed within _______________ if its issue.

Answer 76

within one month

Question 77

"Premises" means lands and structures and includes:

Answer 77

water, ships, vessels, trailers, portable structures, trains, railway cars, vehicles, and aircraft except while in operation.

Question 78

The Children's Law Reform Act is an Ontario statute that primarily deals with:

Answer 78

police making reasonable efforts to enforce court and custody orders

Question 79

When a child is unlawfully withheld contrary to an existing custody/access order, the court may authorize:

Answer 79

the applicant or someone on their behalf to apprehend the children

Question 80

No parent of a child less then 16 years of age shall permit the child to loiter in a public between the hours of:

Answer 80

12:00 midnight & 6:00 a.m

Question 81

The term "child" as defined under the Child and Family Services Act " is a person:

Answer 81

under 18 years of age

Question 82

You have reasonable and probable grounds to believe that a step-parent has sexually molested their 15-year old step-child. As a police officer you are obliged to:

Answer 82

investigate and report the matter to the Children's Aid Society and lay appropriate charges

Question 83

A 'young person' according to the Provincial Offences Act is defined as:

Answer 83

12 years but under 16 years of age