Prep Flashcards

(91 cards)

1
Q

How long do you have to file a human rights complaint?

A

1 Year

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2
Q

Human Rights Act: Complaints must fall within at least (2)?

A

One Protected Area and One Protected Ground

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3
Q

Name 4 Alberta Human Rights Act Protected Area

A

Publication, Goods/Services, Equal Pay, Tenancy, Equal Job Application

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4
Q

Name 8 Alberta Human Rights Act Protected Grounds

A

Race, Gender, Age, Sexual Orientation, Religion, Family Status, Ancestry, Place of Origin

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5
Q

What does Duty to Accommodate mean?

A

Make changes to policies, rules or standards to allow one to fully participate

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6
Q

In a civil proceedings, what is the burden of proof?

A

Preponderance of evidence

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7
Q

In a criminal proceedings, what is the burden of proof?

A

Beyond a reasonable doubt

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8
Q

Explain racial profiling

A

Judging one based on their demographic background instead of them as an individual

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9
Q

What is the Supreme Law of the Land?

A

The Charter of Rights and Freedom

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10
Q

What is section 7 of the Charter?

A

One’s rights to life, liberty and security

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11
Q

Define what a constitutional search is?

A

A search authorized by law
The law must be reasonable
The manner of the search is reasonable

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12
Q

What are 3 reasons we search an individual?

A

To prevent escape, to obtain or secure evidence, and for weapons

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13
Q

Is there an expectation of privacy in public?

A

No, you leave your home as how you’re willing to present yourself in public

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14
Q

Define section 9 of the Charter

A

Person’s rights to not be unlawfully detained or imprisoned.

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15
Q

What does detention mean?

A

Suspension of one’s liberty by a significant physical or psychological restraint

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16
Q

What are 3 rights under arrest and detention?

A

To be informed promptly of the reason
To retain and instruct counsel without delay
To have validity of detention and be released if it was unlawful

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17
Q

Define section 7 of the MGA

A

Allows a municipality to pass and enforce bylaws

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18
Q

What are the Maximum penalties under the MGA?

A

$10000, 1 Year or Both

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19
Q

Provide 3 examples of powers allowed under Section 8 of MGA

A

Provides license, permits and fees
Impose terms and conditions on license/permits
Provide a process to appeal and the body to decide the appeal

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20
Q

What is the purpose of Bylaws?

A

Allow municipalities to hold their residents and visitors to a standard.
Gives the public a method to resolve conflicts, when conflicts cannot be resolved between the offender and the aggriever.

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21
Q

Summarize Section 555(1) of the MGA

A

Bylaw enforcement officers are responsible for the preservation and maintenance of public peace.

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22
Q

Section 556 of the MGA states:

A

Every council must be bylaw
A) Specify the powers and duties of a BEO
B) Establish disciplinary procedures for misuse of powers including penalties and appeal process

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23
Q

What are the two classifications of Bylaws?

A

Absolute liability and Strict liability

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24
Q

What 3 legislation governs Peace officers?

A

Peace Officer Act
Peace Officer Act Regulation
Peace Officer Act Ministerial Regulation

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25
What is the vision of the Public Safety Peace Officer Program?
Improve communication, coordination, cooperation and collaboration between Police and PO
26
How must a complaint be made against an officer?
Made in writing
27
3 types of complaints which fall under abandonment?
Frivolous, Vexatious and Bad Faith
28
3 complaint disposition following investigation?
Unfounded, unsubstantiated, merit in whole or in part
29
Which section of the Peace Officer Act can you find Employer Authorization?
Section 5
30
What section of the Peace Officer Act manages complaints?
Section 14 and 16
31
What could lead to the cancellation of employer authorization to employ Peace Officers?
Providing false or misleading info Fail to investigate complaints Fail to provide records relating to issued weapons Act in a manner that brings the office in disrepute
32
Name of man who made the 9 principles of modern policing and in what year?
Sir Robert Peel in 1829
33
What is the intent of the Peelian Principles?
The police are the public and the public are the police
34
What are 3 possible consequences of military force?
Diminished Public Trust Loss of Public Approval Public Fears Law Enforcement
35
Explain the significance of R. V. McNeil
Refers to an officer who lost all credibility and trust
36
Which 2 Peelian Principles speak to the topic of use of force?
Principle 4 and 6
37
What is the Peelian Principle #9?
Invisible Police. They want police presence but not see their actions.
38
List 3 sources of Law
Common Law Constitution Statutes and Bylaws
39
All laws must be consistent with what to have force and effect?
Constitution
40
What constitution document is the Supreme Law of the Land?
Charter of Rights and Freedom
41
Common law is also known as?
Case Law
42
Articulate the difference in criminal and civil law on the burden of proof.
Civil law requires preponderance of evidence Criminal requires beyond a reasonable doubt
43
Difference between procedural and substantive laws?
Substantive is what law is Procedural is how law is applied
44
Who holds the burden of proof in Civil Trials?
The Plantiff
45
Who are our stakeholders?
Customers of City Services Visitors to Calgary Citizens Employees Other enforcement agencies
46
What are some realities of our environment that contribute to risk?
The people around us Cellphone recording and CCTV Location and environment of incidents
47
What are 4 forms of misconduct?
Discreditable Conducts Excessive use of force Insubordination Neglect of Duty
48
Does off duty conduct impact your reputation or your employer's reputation? How?
Yes it can. Caveat: a connection between the off duty conduct and the employer
49
How does the complainant get notified of the disposition of their complaint?
Notified in writing
50
How long does the complainant have to request a review of the decision?
30 days
51
If an appointment is cancelled, how long do they have, who do they contact and how is the appeal submitted?
30 days, Submit in writing to Law Enforcement Review Board.
52
To mitigate the risk of a medical emergency, what are two common in custody conditions to watch for?
Excited Delirium (Excited Delirium Syndrome) Positional Asphyxia (Postural Asphyxia)
53
2 most common in-custody death?
Alcohol Intoxication and Drug Overdose
54
Why do we do "Courtesy" transport?
Promote good customer service and community relations
55
What do you do before an in-custody transport?
Conduct search Incident to the arrest of the accused
56
Can you smoke weed in public in Calgary?
No
57
A PO search under subsection (1), and finds liquor unlawfully kept or kept for unlawful purposes. The PO may do what?
Seize the liquor and the container it's held in
58
What must be articulated when arresting for Public Intoxication?
Subject is causing a disturbance to public Unable to care for themselves May out themselves or others at risk
59
Can we ticket for Public Intoxication?
No
60
Name a few places you may release a 10-12 to?
Care of a responsible person Sobering facilities Their residence if an adult is present Police lockup
61
What gives us authority to enforce under GLCA and GLCR?
Our appointments
62
What are some GLCA restrictions? And their sections?
Section 87, 89, and 115
63
In order to transport liquor, it must be what?
Stored or sealed in a closed container
64
You must not consume liquor in a vehicle unless it is what?
A temporary residence
65
In regards to alcohol, no minor may (3)
Purchase or attempt to Obtain or attempt to Possess or consume
66
What are we limited to under the Traffic Safety Act?
Non-moving violations
67
What is the article for Use of Highway and Rules of Road Regulation under the Traffic Safety Act?
AR304/02
68
A driver must obey a PO's directions during traffic control when it is deemed? (3)
Ensure orderly flow of traffic Prevent injury or damage to person and property Permit an accident or emergency to be dealt with
69
For purposes of enforcing the TSA, a PO may request information from the driver and passengers of the vehicle? Is this true?
True
70
What 3 things must be present for a peace officer to conduct an arrest under Section 169 of the Traffic Safety Act?
Person committed an offence in respect to any provision set in subsection 2 Person will continue or repeat the offence Person provided inadequate or questionable info related to their Identification
71
You detained a subject for jaywalking. They refused to provide their identity. Do you have the authority to arrest them?
Yes under the TSA
72
Use of highways and rules of the road regulation section 63 (3) states emergency vehicles should arrive in which order?
Fire EMS CPS Emergency Services (Enmax) Other Emergency Responders (PO)
73
What is the bylaw document called? Where can it be issued?
MGA 545 Order Private Property
74
What happens if you charter but do not caution someone?
Whatever they say is not admissible in court
75
What is a psychological restraint or detention?
Where one is placed under the impression that they are not free to leave without being told so directly
76
What is under section 10 of the Charter of Rights and Freedom?
Arrest and Detention
77
When do you issue a yellow ticket and what part is it?
When fine is $1000 or less and is Part 3
78
When do you issue a Pink Ticket and what part is it?
When fine is $1001 or more. If they have previous convictions If they have outstanding proceedings If they provide an Out of Province ID but must include Specified/Voluntary Payment Part 2
79
When does the right to counsel arise?
When subject is charged
80
What are the 4 Use of Force principles?
Public Safety Officer Safety Continuous Risk Assessment Best Strategy
81
Explain Use of Force section 25, 26 and 27 of the Criminal Code
Section 25 - Gives us the Power Section 26 - Responsibility Section 27 - Reasonable and Necessary
82
What does AIM stand for?
Ability Intent Means
83
What are the 7 Tactical Principles?
Winning Mentality Cover and Concealment Shielding Time:Distance Ratio One Plus One Theory Threat Cues De-escalation Verbal Commands
84
What are the 5 risk areas to lookout for?
Weapons Hands Friends and Associates Escape Routes Environment
85
What ACT is POPA? (number)
AR63/2017
86
What Article is Community Standard Bylaw?
32M2023
87
What Acts are in our Bylaw Appointment?
Animal Protection Act Dangerous Dog Act Stray Animal Act Provincial Offences and Procedure Act Gaming, Liquor and Cannabis Act Traffic Safety Act Tobacco and Smoking Reduction Act Environmental Protection and Enhancement Act
88
Physiological Changes in SNS? IVPACH
Increased Heartrate Vasoconstriction Perceptual Narrowing Auditory Exclusion Cognitive processing Hypervigilance
89
Five Risk Areas in Use of Force?
Hands Weapons Friends and Associates Escape Routes Environment
90
SNS sympathetic Nervous System 4 Triggers?
Objective threat perception Objective fear perception Physical Exhaustion Startled Response
91
What is section 11 in the Charter?
Proceedings in criminal and penal matters