Podcast
Questions and Answers
For arrest purposes, how are dual procedure offences considered?
For arrest purposes, how are dual procedure offences considered?
- As civil offences
- As summary offences
- As indictable offences (correct)
- As regulatory offences
What must be proved in a criminal case after an information is commenced?
What must be proved in a criminal case after an information is commenced?
- Facts in issue (correct)
- Witness testimony
- Defendant's innocence
- Prosecutor's opinion
What is the definition of 'psychological detention'?
What is the definition of 'psychological detention'?
- A situation where a person is physically restrained by a peace officer
- A suspension of an individual's liberty by psychological restraint (correct)
- A situation where a person is singled out based on their minority status
- A condition where a person is compliant with a peace officer's instructions
What is required for an arrest to be considered accomplished?
What is required for an arrest to be considered accomplished?
What is the test for 'reasonable grounds' for arrest?
What is the test for 'reasonable grounds' for arrest?
What term is applied to a criminal offence which may be tried by summary conviction procedure or by indictment at the option of the prosecutor?
What term is applied to a criminal offence which may be tried by summary conviction procedure or by indictment at the option of the prosecutor?
Upon arrest or detention, everyone has a right to be:
Upon arrest or detention, everyone has a right to be:
What can a person do if their rights or freedoms guaranteed by the Charter have been infringed or denied?
What can a person do if their rights or freedoms guaranteed by the Charter have been infringed or denied?
Under what circumstances should evidence be excluded?
Under what circumstances should evidence be excluded?
Under what circumstances can anyone arrest a person without warrant as per Section 494(1)(a) C.C.?
Under what circumstances can anyone arrest a person without warrant as per Section 494(1)(a) C.C.?
What action is required of anyone other than a peace officer who arrests a person without warrant as per Section 494(3) C.C.?
What action is required of anyone other than a peace officer who arrests a person without warrant as per Section 494(3) C.C.?
Which of the following is true regarding officers’ notes in investigations?
Which of the following is true regarding officers’ notes in investigations?
What should be included when making a late entry in the notebook?
What should be included when making a late entry in the notebook?
When arresting someone, what details take precedence in your notes?
When arresting someone, what details take precedence in your notes?
What is the overall mission of ICEN?
What is the overall mission of ICEN?
What does NRA stand for in the context of Officer Safety?
What does NRA stand for in the context of Officer Safety?
What type of approach would the statement 'I can see you are struggling, I’m here to help you' be classified as?
What type of approach would the statement 'I can see you are struggling, I’m here to help you' be classified as?
What is the purpose of the Ontario Public-Police Interactions Training Aid?
What is the purpose of the Ontario Public-Police Interactions Training Aid?
What can the verbal and non-verbal approaches taken by people in potentially volatile situations be referred to as?
What can the verbal and non-verbal approaches taken by people in potentially volatile situations be referred to as?
What should an officer be assessing in the 'Assess' portion of 'Assess-Plan-Act'?
What should an officer be assessing in the 'Assess' portion of 'Assess-Plan-Act'?
According to the Highway Traffic Act, what is the minimum age to operate a motor vehicle on a Highway in Ontario?
According to the Highway Traffic Act, what is the minimum age to operate a motor vehicle on a Highway in Ontario?
What is the primary purpose of the driver’s license system in Ontario?
What is the primary purpose of the driver’s license system in Ontario?
According to HTA 44.1 and 44.2, what are the conditions for a Class ‘G1’ (novice) driver regarding alcohol and drugs?
According to HTA 44.1 and 44.2, what are the conditions for a Class ‘G1’ (novice) driver regarding alcohol and drugs?
Which of the following is a ‘MOTOR VEHICLE’ as defined by the Highway Traffic Act?
Which of the following is a ‘MOTOR VEHICLE’ as defined by the Highway Traffic Act?
What is the definition of 'Motor Vehicle' according to the HTA?
What is the definition of 'Motor Vehicle' according to the HTA?
What does the term 'Roadway' refer to, as per the HTA?
What does the term 'Roadway' refer to, as per the HTA?
For which condition of the driver's license can police stop and search a vehicle to check for an ignition interlock device under the Highway Traffic Act?
For which condition of the driver's license can police stop and search a vehicle to check for an ignition interlock device under the Highway Traffic Act?
What is required for a provincial offences officer to lay a charge under Part I of the Provincial Offences Act?
What is required for a provincial offences officer to lay a charge under Part I of the Provincial Offences Act?
When must the 'certificate of offence' be filed with the office of the court?
When must the 'certificate of offence' be filed with the office of the court?
Who may lay information before a Justice in the Part III process?
Who may lay information before a Justice in the Part III process?
When is a Short Form Summons used in the Part III process?
When is a Short Form Summons used in the Part III process?
What must a provincial offences officer have to commence proceedings under Part III of the Provincial Offences Act?
What must a provincial offences officer have to commence proceedings under Part III of the Provincial Offences Act?
What is the maximum fine that must not be exceeded when serving a certificate of offence on a person before court?
What is the maximum fine that must not be exceeded when serving a certificate of offence on a person before court?
What charge document is used for a more serious Provincial Offences Act (POA) offence?
What charge document is used for a more serious Provincial Offences Act (POA) offence?
What specific criteria is required for a Short Form Summons to be issued?
What specific criteria is required for a Short Form Summons to be issued?
What is the purpose of an Information in the context of POA offences?
What is the purpose of an Information in the context of POA offences?
How many number plates are required on a motor vehicle in Ontario?
How many number plates are required on a motor vehicle in Ontario?
What is the maximum number of days a buyer has to notify the Ministry after purchasing a motor vehicle?
What is the maximum number of days a buyer has to notify the Ministry after purchasing a motor vehicle?
What are some examples of extrajudicial measures provided by the Youth Criminal Justice Act (YCJA)?
What are some examples of extrajudicial measures provided by the Youth Criminal Justice Act (YCJA)?
What is the actus reus?
What is the actus reus?
What does a "legal justification" or "excuse" mean in court?
What does a "legal justification" or "excuse" mean in court?
What is the purpose of 'Slicing the Pie' in the context of building searches?
What is the purpose of 'Slicing the Pie' in the context of building searches?
What percentage of officers wearing duty belts experience chronic lower back pain?
What percentage of officers wearing duty belts experience chronic lower back pain?
When is the spine most vulnerable?
When is the spine most vulnerable?
How long should one be able to front plank/side plank for minimum to minimize the risk of developing lower back pain?
How long should one be able to front plank/side plank for minimum to minimize the risk of developing lower back pain?
Which indicator suggests that a person may be in a mental health crisis rather than behaving like a criminal offender?
Which indicator suggests that a person may be in a mental health crisis rather than behaving like a criminal offender?
What is the actual danger area for a vehicle stop?
What is the actual danger area for a vehicle stop?
Where should an officer position themselves during a vehicle stop?
Where should an officer position themselves during a vehicle stop?
When can a peace officer apprehend a child under 16 years without a warrant?
When can a peace officer apprehend a child under 16 years without a warrant?
Under what circumstances can a peace officer enter premises by force to search for and remove a child?
Under what circumstances can a peace officer enter premises by force to search for and remove a child?
When can a peace officer bring a child actually or apparently younger than 12 to a place of safety without a warrant?
When can a peace officer bring a child actually or apparently younger than 12 to a place of safety without a warrant?
What is the maximum amount an accused may be requested to pay if they fail to comply with any condition of the undertaking?
What is the maximum amount an accused may be requested to pay if they fail to comply with any condition of the undertaking?
Which form is used to compel someone to court for a summary conviction offence when the police officer did not witness the offence?
Which form is used to compel someone to court for a summary conviction offence when the police officer did not witness the offence?
According to the ladder approach, which form of release in a release order is to be the least onerous for the offender?
According to the ladder approach, which form of release in a release order is to be the least onerous for the offender?
What constitutes disarming a police officer?
What constitutes disarming a police officer?
When does the offence of voyeurism apply under the Criminal Code?
When does the offence of voyeurism apply under the Criminal Code?
What does 'cause disturbance' under Section 175(1)(a) of the Criminal Code encompass?
What does 'cause disturbance' under Section 175(1)(a) of the Criminal Code encompass?
What is the requirement for approaching a stopped emergency vehicle?
What is the requirement for approaching a stopped emergency vehicle?
What is the appropriate charge for a driver leaving a shopping mall parking lot with a stop sign at the exit, making a left turn onto a highway and colliding with an oncoming car?
What is the appropriate charge for a driver leaving a shopping mall parking lot with a stop sign at the exit, making a left turn onto a highway and colliding with an oncoming car?
When are pedestrians required to identify themselves
When are pedestrians required to identify themselves
What are the duties of a driver approaching a pedestrian crossover when a pedestrian is crossing on the roadway within the crossover?
What are the duties of a driver approaching a pedestrian crossover when a pedestrian is crossing on the roadway within the crossover?
What are examples of distractions that constitute careless driving?
What are examples of distractions that constitute careless driving?
What is a requirement for dangerous driving causing bodily harm and death?
What is a requirement for dangerous driving causing bodily harm and death?
In what stage of sleep does the body recover psychologically?
In what stage of sleep does the body recover psychologically?
Which of the following statements about melatonin are true?
Which of the following statements about melatonin are true?
Prescription sleeping meds may cause:
Prescription sleeping meds may cause:
What is the primary objective of police officers in an active attacker situation?
What is the primary objective of police officers in an active attacker situation?
What is the responsibility of the Rescue Team in an active attacker event?
What is the responsibility of the Rescue Team in an active attacker event?
How can an OODA loop be interrupted in an active attacker event?
How can an OODA loop be interrupted in an active attacker event?
Lessons learned from active shooter incidents illustrate the importance of:
Lessons learned from active shooter incidents illustrate the importance of:
What was the outcome of the swift response of officers in the Dawson College shooting?
What was the outcome of the swift response of officers in the Dawson College shooting?
What is a highlighted need from the Century 16 Theatre shooting incident?
What is a highlighted need from the Century 16 Theatre shooting incident?
What is one of the ways to determine if a young person understands their rights?
What is one of the ways to determine if a young person understands their rights?
What is the primary aim of the Youth Criminal Justice Act (YCJA) regarding the publication of the identity of young persons involved in the criminal justice system?
What is the primary aim of the Youth Criminal Justice Act (YCJA) regarding the publication of the identity of young persons involved in the criminal justice system?
In what circumstances can adult sentences be imposed on youth under the YCJA?
In what circumstances can adult sentences be imposed on youth under the YCJA?
According to common law, the purpose of investigative detention is to detain:
According to common law, the purpose of investigative detention is to detain:
What must police officers consider before conducting a search incident to investigative detention?
What must police officers consider before conducting a search incident to investigative detention?
According to the Principle of Restraint, what should officers consider when using the ladder approach for release?
According to the Principle of Restraint, what should officers consider when using the ladder approach for release?
Under what circumstances can an accused be arrested without a warrant according to section 495.1?
Under what circumstances can an accused be arrested without a warrant according to section 495.1?
What must be satisfied before you can release an accused from your custody?
What must be satisfied before you can release an accused from your custody?
In the acronym PIC, PRICE and PRICES, what does PRICES represent/stand for?
In the acronym PIC, PRICE and PRICES, what does PRICES represent/stand for?
What must not be satisfied in order to detain someone for a show cause hearing?
What must not be satisfied in order to detain someone for a show cause hearing?
Which Act is designed to promote the best interest and well being of children
Which Act is designed to promote the best interest and well being of children
You receive information that a step-parent may have sexually molested a 15-year-old female. As a police officer you are obliged to?
You receive information that a step-parent may have sexually molested a 15-year-old female. As a police officer you are obliged to?
What is the role of the police in response to elder abuse?
What is the role of the police in response to elder abuse?
According to HTA Sec 106(2), what is the requirement for the driver of a motor vehicle with a seat belt assembly provided?
According to HTA Sec 106(2), what is the requirement for the driver of a motor vehicle with a seat belt assembly provided?
If the passenger in a motor vehicle is under 16 and not wearing a seatbelt, who is responsible according to HTA Sec 106(4)(a)(i)?
If the passenger in a motor vehicle is under 16 and not wearing a seatbelt, who is responsible according to HTA Sec 106(4)(a)(i)?
Which of the given drivers are exempt from wearing a seatbelt according to HTA Sec 106(6)?
Which of the given drivers are exempt from wearing a seatbelt according to HTA Sec 106(6)?
What is considered reasonable identification for an adult passenger who is contravening the seatbelt legislation?
What is considered reasonable identification for an adult passenger who is contravening the seatbelt legislation?
What should be documented in the occurrence report for criminal harassment?
What should be documented in the occurrence report for criminal harassment?
What should be considered in the decision to detain the accused by Justice?
What should be considered in the decision to detain the accused by Justice?
What is the acute response for individuals not previously exposed to OC effects?
What is the acute response for individuals not previously exposed to OC effects?
When engaging in a foot pursuit, effective communication is key to officer and public safety; however, officers need NOT communicate with:
When engaging in a foot pursuit, effective communication is key to officer and public safety; however, officers need NOT communicate with:
When turning corners in foot pursuit officers should:
When turning corners in foot pursuit officers should:
Tactics to optimize safety when running behind a fleeing suspect include:
Tactics to optimize safety when running behind a fleeing suspect include:
What is the first priority of police when responding to an aquatic emergency?
What is the first priority of police when responding to an aquatic emergency?
What is the primary purpose of Cognitive Behavior Therapy (CBT)?
What is the primary purpose of Cognitive Behavior Therapy (CBT)?
What is the primary consideration when using an aerosol weapon as per the legislation affecting OC spray?
What is the primary consideration when using an aerosol weapon as per the legislation affecting OC spray?
What does Criminal Code Sec 26 specify about the use of force?
What does Criminal Code Sec 26 specify about the use of force?
According to the legislation, when should an officer use an aerosol weapon like OC spray?
According to the legislation, when should an officer use an aerosol weapon like OC spray?
In order for a criminal threat to take place the receiving party only has to:
In order for a criminal threat to take place the receiving party only has to:
In order for a criminal threat to be considered by police, it must be delivered:
In order for a criminal threat to be considered by police, it must be delivered:
A threat warranting a criminal charge must be to cause:
A threat warranting a criminal charge must be to cause:
One of the key elements in a criminal harassment is to:
One of the key elements in a criminal harassment is to:
According to the procedures, what should officers responding to an occurrence or undertaking an investigation of elder and vulnerable adult abuse do?
According to the procedures, what should officers responding to an occurrence or undertaking an investigation of elder and vulnerable adult abuse do?
The physical act of committing the crime is termed:
The physical act of committing the crime is termed:
Flashcards
Prosper Warning
Prosper Warning
Police must ensure accused understands right to a lawyer & must document attempts to contact counsel when accused changes their mind.
Provincial Offences Act - Conviction
Provincial Offences Act - Conviction
Failure to respond to Notice (15 days) = automatic conviction
Laying an Information (Part III)
Laying an Information (Part III)
Formally starts proceedings, tells defendant charges.
Form 104 Summons
Form 104 Summons
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Part III proceedings grounds
Part III proceedings grounds
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Part I proceedings grounds
Part I proceedings grounds
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Certificate of Offence
Certificate of Offence
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YCJA Extrajudicial Measures
YCJA Extrajudicial Measures
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Extrajudicial Sanctions
Extrajudicial Sanctions
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YCJA Conferences
YCJA Conferences
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YCJA Youth Sentencing
YCJA Youth Sentencing
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YCJA Absolute Discharge
YCJA Absolute Discharge
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YCJA Probation
YCJA Probation
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YCJA - Youth Identity Protection
YCJA - Youth Identity Protection
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YCJA Record Access
YCJA Record Access
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YCJA School Disclosure
YCJA School Disclosure
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Ex Parte Leave to Publish
Ex Parte Leave to Publish
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YCJA Age Range
YCJA Age Range
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Adult Sentences for Youth
Adult Sentences for Youth
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Extrajudicial measures effective
Extrajudicial measures effective
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Extrajudicial Mitigating Factors
Extrajudicial Mitigating Factors
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Extrajudicial Aggravating Factors
Extrajudicial Aggravating Factors
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Youth Criminal Record
Youth Criminal Record
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Youth's Lifestyle
Youth's Lifestyle
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Impact on Victim
Impact on Victim
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Study Notes
The Prosper Warning: Key Points
- Cyril Prosper was arrested for impaired operation and theft of a vehicle
- He was advised of his right to retain and speak to counsel, and also duty counsel
- He declined to call private practice lawyers due to cost concerns
- The defense argued his 10(b) rights had been infringed, and the Breathalyzer results were excluded
- The Supreme Court ruled in favor of Cyril Prosper
- The ruling established the "Prosper Warning" for asserting the right to counsel and later changing one's mind
- Police must ensure the accused understands their right to a reasonable opportunity to contact a lawyer
- The accused party need not arbitrarily give up their right to counsel due to frustration or cost concerns
- Officers must document all efforts to contact counsel and consider what is reasonable while waiting for a return call
- Re-advising the party of free legal aid duty counsel is not considered an error
- The "Prosper Warning" engages when the accused changes their mind after asserting their right to counsel
- Officers must ensure the party is aware of their choices and capture the conversation in its entirety
Provincial Offences Act - Key Points
- Failure to respond to an Offence Notice within 15 days results in automatic conviction
- Laying an Information before a Justice in Part III formally commences proceedings and informs the defendant of the allegations
- Anyone may lay information before a Justice in the Part III process
- Form 104 Summons is used when the defendant is found 'at or near' the place where the offence occurred
- The purpose of a Summons in the Part III process is to require the defendant to attend court at the specified time and date
- A Provincial Offences Officer requires reasonable and probable grounds to commence proceedings under Part I
- A provincial offences officer must have reasonable and probable grounds to believe an offence has been committed to commence proceedings under Part III
- The penalty for failure to attend trial may include imprisonment
- The Certificate of Offence is used to commence proceedings for an offence under Part I of the Provincial Offences Act
- The penalty for failure to attend trial under Part IV requires proof of failure to attend trial
- The penalty for counselling under Part VI of the Provincial Offences Act is conviction in the absence of the defendant
- The maximum fine that must not be exceeded when serving a certificate of offence on a person before court is $1000
Youth Criminal Justice Act (YCJA) and Extrajudicial Measures
- The YCJA provides various extrajudicial measures as alternatives to formal court proceedings for young offenders.
- These measures include police cautions, community program referrals, Crown cautions, and extrajudicial sanctions.
- Officers may still lay charges when necessary, and courts may scrutinize the decision not to use extrajudicial measures.
- Officers can consider mitigating and aggravating factors when deciding whether to apply extrajudicial measures.
- Extrajudicial measures are seen as effective ways to address youth crime, repair harm, involve the community, and allow youth courts to focus on more serious cases.
- Extrajudicial sanctions are the most formal measure and require the young person's consent, acceptance of responsibility, and advice on the right to counsel.
- Restrictions apply to the use of extrajudicial measures, and admissions cannot be used against the young person in civil or criminal proceedings.
- Conferences under the YCJA allow for various perspectives and creative solutions, involving the victim and community members in the youth criminal justice system.
- Conferences can be called by various authorities and serve purposes such as advising on extrajudicial measures, sentencing, and reintegration plans.
- Recording extrajudicial measures is essential for future consideration, data collection, effectiveness demonstration, resource identification, and cross-border communication improvement.
- The YCJA applies to youth aged 12 to 17 and includes provisions for officer safety and arrest authorities for young offenders.
- Future sessions will cover rights to counsel, notice to parents, youth cautions, cautioned statements, and notification and publications.
Youth Criminal Justice Act (YCJA) and Youth Sentencing
- YCJA provides judges with various sources of information for sentencing, including criminal record, offender's lifestyle, attitude, impact on victim, gravity of offense, and circumstances of the offense
- YCJA includes types of sentences such as absolute discharge, conditional discharge, judicial reprimand, monetary fine, restitution, compensation, community service, probation, ISSP, intermittent custody, deferred custody, and IRCS
- Adult sentences for youth under YCJA depend on the type of offense and the youth's moral blameworthiness
- Melissa Todorovic and David Bagshaw were both young persons convicted of 2nd degree and 1st degree murder respectively and sentenced as adults
- YCJA prohibits the publication of a youth's identity, with exceptions if the youth is deemed a danger to others
- YCJA allows access to youth records by specific individuals and groups, with detailed provisions on the period for record access
- YCJA permits disclosure of information in a record to school officials if necessary for compliance, safety, or rehabilitation
- A case study involving the Hamilton Police Service illustrates the application of an Ex Parte Leave to Publish for a girl accused of murder
- Police were authorized by a judge to release the identity of the girl for a short period due to her perceived danger, despite YCJA's publication prohibition
- The special authorization to release the girl's identity was lifted after successful efforts to locate her
- The case study was captured on a specific date and source
- The text is part of a Federal Law Workbook on YCJA
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Description
This is practice exam is intended to cover content from the first three weeks of BCT. There are no recorded scores for this practice exam, it should guide your studies and questions for your instructors upon your arrival at OPC.
Exam 1 at OPC WILL be graded and will cover the same content, so completing this under test conditions (timed, independent work) is a great idea. This practice exam has a set 90 minute time limit.
At the end of the practice exam, you can see your test sheet to guide your studies. You also have access to "flash cards" to further challenge yourself.
