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OPC > Prov Law > Flashcards

Prov Law Flashcards

1
Q

Provincial law is what?

A

public welfare offences meant to protect society

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2
Q

What is a Provincial Offences Officer (POO)

A

police officer OR person designated under subsection 1(3) POA

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3
Q

Whats a police officer?

A

chief or other police officer (not specials or bylaw)

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4
Q

What is the POA?

A

“Mother Act”- is a procedural act that governs all other substantive provincial acts

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5
Q

If no short form wording exists for a charge, what do you do?

A

Make wording sufficient to describe the offences

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6
Q

What is the definition of a young person?

A

12-15 years +364 days

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7
Q

Part 1 offences:
____ days to issue it
_____ days to serve it
______ days to file it

A

-30 days to issue
-30 days to serve
-7 or ASAP to file

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8
Q

part 3 Summons:
___ months to lay charge and serve it

A

6 months

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9
Q

A Part 1 can’t be over how much ____?

A

$1000

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10
Q

Part 3 can’t be over how much $____?

A

$5000

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11
Q

What is your 3 step process for Part 1 enforcement?

A
  1. to issue it you must have a belief an offence occurred
  2. must serve it personally
  3. to file it you must sign the certificate of offence and file it with the court office
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12
Q

What are your grounds for a Part 1 charge?

A

belief that an offence was committed

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13
Q

When is “commencement of proceedings” for a Part 1?

A

when the certificate of offence is filed

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14
Q

When is “commencement of proceedings” for a Part 3?

A

information is laid before a justice

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15
Q

What are the 3 options on the back of the offence notice?

A
  1. plea of guilty
  2. early resolution
  3. trial
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16
Q

What are the 2 types of a Part 3 Summons?

A

-short form (104)
-long form (106)

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17
Q

What are the roles of police in terms of the RTA?

A

-Keep the peace
-remain objective
-avoid giving legal advice
-safety and protection
-provide referrals
-ask for pertinent docs

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18
Q

Landlords rights of entry with notice…

A

24hrs written notice to enter

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19
Q

Landlords rights of entry without notice….

A

-on consent
-emergency
-to clean (with lease agreement)
-to show unit
—-if termination agreed
—-0800-2000
—-makes an effort to inform

20
Q

What are the RTA steps for a lawful eviction?

A
  1. serve termination
  2. apply for eviction order
  3. serve the application and notice of hearing
  4. obtain eviction order
  5. deliver eviction order to sheriff
21
Q

What is liquor?

A

spirits, wine, beer, any combo

22
Q

Whats the definition of alcohol?

A

product of fermentation or distillation of grains, fruits, or other agricultural products
-includes synthetic alcohol

23
Q

What is beer?

A

Fermination of barely, malt, hops

24
Q

What is wine?

A

fermentation of natural fruit sugars

25
Q

What is spirits?

A

any beverage containing alcohol obtained by distillation

26
Q

Sell under the LLCA

A

To supply for money, directly or indirectly, in any manner by which the cost is recovered

27
Q

No person shall purchase liquor except from:

A

-LCBO
-Person authorized by licence/permit
-in accordance with regulations

28
Q

No person shall possess liquor unless:

A

-from a retail store for personal use
-its possessed under licence/permit
-manufactured by a person lawfully
-imported in accordance with regulations
-possessed by/under authority of LCBO

29
Q

What is unlawful consumption?

A

drinking alcohol in a form that is not liquor

30
Q

What is unlawful supply?

A

supplying alcohol to a person that is not in the form of liquor, knowing that the person will drink it

31
Q

if licensee sells to a minor, what is an additional penalty?

A

licence suspension for 7 days

32
Q

No person under 19 shall… POACH

A

Possess, obtain, attempt to purchase, consume, have

33
Q

What is the parental exemption for supply under 19?

A

-in a residence/private place
-by a parent or person having lawful custody

34
Q

LLCA Arrest authority #1

A

finds committing:
-intoxicated by alcohol
-in a public place/common area
-necessary for the safety

35
Q

LLCA arrest authority #2

A

finds a person in contravention of LLCA
-refuses to give name and address

36
Q

You find someone intoxicated by alcohol in a public place who is a safety risk. Where can you take them in lieu of charging?

A

hospital/detox centre

37
Q

What is your POA release criteria? PRIER

A

Public interest, repetition, identity, evidence, resides outside Ontario

38
Q

Arresting a young person

A

-release ASAP unconditionally, or with a summons unless you have RPGs to believe it is necessary in the public interest to keep them detained to:
1.establish identity OR
2. prevent repetition
that’s a serious danger to them or another

39
Q

MV liquor exmeption

A

-container is unopened and factory seal unbroken
OR
-packed in baggage that is fastened closed or otherwise not readily available

40
Q

How would you complete someone to court for a charge?

A

part 1 summons

41
Q

Can you issue a part 1 certificate of offence to a youth?

A

No

42
Q

Can you issue a part 1 summons to a youth?

A

yes (the pink slip)

43
Q

Grounds needed to lay a part 3?

A

reasonable and probable grounds and a belief

44
Q

LLCA limitation time?

A

2 years

45
Q

CAIA limitation time?

A

3 years

46
Q

Part 3 limitation time?

A

6 months

47
Q

What is a private place?

A

indoor place, MV, and a boat

OPC (8 decks)

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