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Questions and Answers
Which of the following individuals is NOT included in the definition of a peace officer?
Which of the following individuals is NOT included in the definition of a peace officer?
- A member of the Correctional Service of Canada designated as a peace officer
- A deputy warden
- Warden of a penitentiary
- A police officer from the municipal police service (correct)
What is meant by 'escape' as defined in the content?
What is meant by 'escape' as defined in the content?
- Breaking prison or being at large without lawful excuse. (correct)
- Being released on parole before the end of a sentence.
- Leaving prison with permission.
- A transfer to a lower security facility.
What does the law state regarding a person who assists another in escape?
What does the law state regarding a person who assists another in escape?
- They can be punished with a fine instead of imprisonment.
- They will only be prosecuted if they are a peace officer.
- They are guilty of an indictable offence regardless of intent. (correct)
- They may be granted immunity if they claim they were unaware.
According to the policy, who has the authority to designate a staff member as a peace officer?
According to the policy, who has the authority to designate a staff member as a peace officer?
What action is considered a crime under section CCC 146 regarding permitting escape?
What action is considered a crime under section CCC 146 regarding permitting escape?
Under what condition is a person justified in using force likely to cause death or grievous bodily harm?
Under what condition is a person justified in using force likely to cause death or grievous bodily harm?
Which of the following statements accurately reflects the use of force by peace officers?
Which of the following statements accurately reflects the use of force by peace officers?
What must be true for a peace officer to use force during an arrest?
What must be true for a peace officer to use force during an arrest?
What does the Criminal Code state about executing a process that is defective?
What does the Criminal Code state about executing a process that is defective?
What should a peace officer believe to justify using deadly force against a fleeing suspect?
What should a peace officer believe to justify using deadly force against a fleeing suspect?
In which situation is a person not justified in using force?
In which situation is a person not justified in using force?
Which of the following best describes the condition under which force must be necessary?
Which of the following best describes the condition under which force must be necessary?
What is the rationale behind allowing the use of reasonable force under the Protection of Persons Acting Under Authority?
What is the rationale behind allowing the use of reasonable force under the Protection of Persons Acting Under Authority?
What defense could an off-duty officer likely use if he applies reasonable force to prevent a car break-in?
What defense could an off-duty officer likely use if he applies reasonable force to prevent a car break-in?
What must an officer believe to justify using force during the suppression of a riot?
What must an officer believe to justify using force during the suppression of a riot?
What does CCC 33 (2) provide regarding civil proceedings against a peace officer?
What does CCC 33 (2) provide regarding civil proceedings against a peace officer?
What limitation is placed on the use of force in self-defense according to the content?
What limitation is placed on the use of force in self-defense according to the content?
Which statement accurately describes the legal protection under CCC s. 25 and 32?
Which statement accurately describes the legal protection under CCC s. 25 and 32?
What is required for an officer to use force against individuals who fail to comply with a proclamation?
What is required for an officer to use force against individuals who fail to comply with a proclamation?
Under what condition can force be considered excessive when responding to a riot?
Under what condition can force be considered excessive when responding to a riot?
What justifies the use of responsive force in self-defense scenarios?
What justifies the use of responsive force in self-defense scenarios?
What is the maximum term of imprisonment for participating in a riot?
What is the maximum term of imprisonment for participating in a riot?
What is the consequence for someone who fails to disperse after a proclamation is made?
What is the consequence for someone who fails to disperse after a proclamation is made?
Who is required to make a proclamation if twelve or more persons are unlawfully assembled?
Who is required to make a proclamation if twelve or more persons are unlawfully assembled?
What type of offence is someone guilty of if they are a member of an unlawful assembly?
What type of offence is someone guilty of if they are a member of an unlawful assembly?
In what circumstance can a peace officer use force to suppress a riot?
In what circumstance can a peace officer use force to suppress a riot?
What must a peace officer do upon receiving notice of a riot?
What must a peace officer do upon receiving notice of a riot?
If a person opposes or hinders the reading of a proclamation, what are they guilty of?
If a person opposes or hinders the reading of a proclamation, what are they guilty of?
What happens if a riot continues without the attendance of a peace officer?
What happens if a riot continues without the attendance of a peace officer?
What is one condition under which individuals are justified in using force during a riot?
What is one condition under which individuals are justified in using force during a riot?
What is the duty of a peace officer if individuals do not disperse after a proclamation?
What is the duty of a peace officer if individuals do not disperse after a proclamation?
What defines the term 'tumultuous' in the context of unlawful assemblies?
What defines the term 'tumultuous' in the context of unlawful assemblies?
What is the responsibility of the peace officer if they fail to suppress a riot?
What is the responsibility of the peace officer if they fail to suppress a riot?
What justification is necessary for someone obeying a peace officer's command to use force during a riot?
What justification is necessary for someone obeying a peace officer's command to use force during a riot?
Under what circumstances can a peace officer use lethal force against an escaping inmate?
Under what circumstances can a peace officer use lethal force against an escaping inmate?
What is the legal consequence for someone who uses excessive force?
What is the legal consequence for someone who uses excessive force?
What factors are considered to determine if the use of force is reasonable in self-defense?
What factors are considered to determine if the use of force is reasonable in self-defense?
Who is entitled to arrest someone without a warrant for committing an indictable offence?
Who is entitled to arrest someone without a warrant for committing an indictable offence?
What constitutes an unlawful assembly?
What constitutes an unlawful assembly?
How is a riot defined legally?
How is a riot defined legally?
What must be demonstrated for a person to claim self-defense successfully?
What must be demonstrated for a person to claim self-defense successfully?
What is the condition under which a person can use force to prevent a crime?
What is the condition under which a person can use force to prevent a crime?
What does the law say about the arrest by someone who is not a peace officer?
What does the law say about the arrest by someone who is not a peace officer?
When can a person not claim self-defense?
When can a person not claim self-defense?
What is one of the requirements for an assembly to transition from lawful to unlawful?
What is one of the requirements for an assembly to transition from lawful to unlawful?
Which principle applies to the use of force in arresting an offender?
Which principle applies to the use of force in arresting an offender?
What constitutes an indictable offense related to a peace officer's duties?
What constitutes an indictable offense related to a peace officer's duties?
Who is defined as a 'public officer' under the mentioned provisions?
Who is defined as a 'public officer' under the mentioned provisions?
In which scenario is a public officer exempt from liability under the Act?
In which scenario is a public officer exempt from liability under the Act?
What justification is provided for a peace officer's use of force?
What justification is provided for a peace officer's use of force?
What happens if a peace officer uses excessive force?
What happens if a peace officer uses excessive force?
Under what condition may an officer use force likely to cause grievous bodily harm?
Under what condition may an officer use force likely to cause grievous bodily harm?
What is the primary criterion for determining justified force under subsection 25(1)?
What is the primary criterion for determining justified force under subsection 25(1)?
Which of the following statements regarding excessive force is true?
Which of the following statements regarding excessive force is true?
What limitation is imposed on using force as per CCC s. 25(5)?
What limitation is imposed on using force as per CCC s. 25(5)?
Why might an officer's use of force not be justified?
Why might an officer's use of force not be justified?
What specific circumstances must be present to justify the use of lethal force?
What specific circumstances must be present to justify the use of lethal force?
Which of the following does NOT qualify as a reason for an officer’s exemption under the Act?
Which of the following does NOT qualify as a reason for an officer’s exemption under the Act?
What must an officer base the justification for the use of force on?
What must an officer base the justification for the use of force on?
In which scenario would an officer's liability increase?
In which scenario would an officer's liability increase?
Flashcards
Legal Justification for Using Force
Legal Justification for Using Force
When someone acts on reasonable grounds to enforce the law, they are justified in using force as necessary.
Special Circumstances for Deadly Force
Special Circumstances for Deadly Force
This section describes the specific circumstances in which a peace officer can use force that may cause serious harm or death.
Deadly Force During Flight
Deadly Force During Flight
An officer can use deadly force to arrest someone who is fleeing if the crime being committed warrants an arrest without a warrant.
Necessary Force to Protect
Necessary Force to Protect
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Exhaustion of Less Violent Options
Exhaustion of Less Violent Options
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Justified Actions Despite Defects
Justified Actions Despite Defects
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Justified Action for Assistance
Justified Action for Assistance
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Reasonable Belief of Imminent Danger
Reasonable Belief of Imminent Danger
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Peace Officer (CSC)
Peace Officer (CSC)
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Escape
Escape
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Permitting Escape
Permitting Escape
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Assisting Escape
Assisting Escape
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Directing Discharge
Directing Discharge
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Peace Officer's Justification for Using Force in Riot Suppression
Peace Officer's Justification for Using Force in Riot Suppression
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CCC s. 27 Defense for Peace Officers
CCC s. 27 Defense for Peace Officers
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Peace Officer's Duty to Disperse or Arrest
Peace Officer's Duty to Disperse or Arrest
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Protection for Officers Dispersing or Arresting Under a Proclamation
Protection for Officers Dispersing or Arresting Under a Proclamation
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Limited Protection for Force Causing Death or Serious Injury
Limited Protection for Force Causing Death or Serious Injury
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Immunity from Legal Actions for Officers Using Force Under a Proclamation
Immunity from Legal Actions for Officers Using Force Under a Proclamation
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Right to Repel Force with Force: Self-Defense
Right to Repel Force with Force: Self-Defense
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Limitations on Force in Self-Defense
Limitations on Force in Self-Defense
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Use of lethal force against escaping inmate
Use of lethal force against escaping inmate
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Riot definition (Criminal Code)
Riot definition (Criminal Code)
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Unlawful Assembly
Unlawful Assembly
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Criminal responsibility for excessive force
Criminal responsibility for excessive force
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Reading Proclamation (Riot)
Reading Proclamation (Riot)
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Use of force to prevent crime
Use of force to prevent crime
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Defense of person
Defense of person
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Participating in a Riot
Participating in a Riot
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Punishment for Unlawful Assembly
Punishment for Unlawful Assembly
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Factors determining reasonable force
Factors determining reasonable force
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Defense of person exception
Defense of person exception
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Who reads the Proclamation?
Who reads the Proclamation?
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Refusal to Disperse after Proclamation
Refusal to Disperse after Proclamation
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Arrest without warrant – serious crime
Arrest without warrant – serious crime
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Interfering with Proclamation
Interfering with Proclamation
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Arrest without warrant – escaping criminal
Arrest without warrant – escaping criminal
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Arrest without warrant – property crime
Arrest without warrant – property crime
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Neglect by Peace Officer
Neglect by Peace Officer
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Delivering arrested person to police
Delivering arrested person to police
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Use of Force to Suppress Riots
Use of Force to Suppress Riots
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Military Orders to Suppress Riots
Military Orders to Suppress Riots
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Arrest without warrant – peace officer
Arrest without warrant – peace officer
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Citizensobeying Orders to Suppress Riots
Citizensobeying Orders to Suppress Riots
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Unlawful assembly
Unlawful assembly
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Riot
Riot
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Using Force without Peace Officer
Using Force without Peace Officer
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Legality of Orders
Legality of Orders
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Duty to Disperse or Arrest
Duty to Disperse or Arrest
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No Liability for Dispersal Actions
No Liability for Dispersal Actions
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Escape of a person in lawful custody
Escape of a person in lawful custody
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Public Officer Exemption
Public Officer Exemption
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Public Officer Firearm Exemption
Public Officer Firearm Exemption
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Public Officer Definition
Public Officer Definition
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Individuals Acting for Law Enforcement
Individuals Acting for Law Enforcement
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Firearm Exemption for Individuals
Firearm Exemption for Individuals
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Use of Force in Exercise of Authority
Use of Force in Exercise of Authority
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Necessary Force
Necessary Force
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Justification for Force
Justification for Force
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Force Causing Death or Grievous Bodily Harm
Force Causing Death or Grievous Bodily Harm
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Force Preventing Escape
Force Preventing Escape
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Less Violent Alternatives
Less Violent Alternatives
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Criminal Liability for Excessive Force
Criminal Liability for Excessive Force
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Reasonable Use of Powers
Reasonable Use of Powers
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Preventing Commission of an Offence
Preventing Commission of an Offence
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Study Notes
Criminal Code Authority for Use of Force
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Protection of Persons Acting Under Authority (Section 25): Officers authorized by law to act in law enforcement, whether private citizens, peace officers, or public officers, are justified in using necessary force if acting on reasonable grounds. This covers executing legal processes and carrying out sentences, even if those are flawed. However, using force intended to cause death or grievous bodily harm is justified only if reasonably necessary for self-preservation or the preservation of a protected individual from similar harm.
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Peace Officer Force for Arrest (Section 25(4)): Peace officers may use potentially lethal force to arrest someone who is fleeing an arrest for an offense where arrest without a warrant is possible. The force is justifiable if the flight cannot be stopped by less-violent means and if the officer or assistant believes the force is necessary to protect themselves or others from imminent or future harm.
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Force to Prevent Escape (Section 25(5)): Peace officers are justified in using potentially lethal force to prevent an escape from a penitentiary, if the officer believes on reasonable grounds that inmates pose a threat of death or harm to another person, and if the escape cannot be stopped by other means.
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Excessive Force (Section 26): Any person authorized to use force is criminally responsible for any excess force. The nature and degree of the excessive force determine the level of culpability.
Use of Force to Prevent Offence (Section 27)
- Justification for Preventing Offenses: Force sufficient to prevent a crime, with or without a warrant, is permitted. This is applicable if the prevented crime might lead to an arrest without warrant or is likely to cause serious injury to people or property.
Defense of a Person (Section 34)
- Defense from Use or Threat of Force: Using force to defend oneself or another from an assault or a credible threat is permitted if the act of defense is reasonable under the circumstances. The factors relevant to determining reasonableness are the nature of the force and threat, imminence of the threat, alternative responses, weapons used, parties' attributes (size, age, gender, capability), relationship history, communication history, proportionality of response, and legality of the initial force. The defense does not apply if the initial force is being used lawfully by another actor executing a legal duty, unless one reasonably believes this force is unlawful.
Arrest Without Warrant (Sections 494 & 495)
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Arrest Without Warrant (General): Any person (or a designated individual representing a property owner) can arrest someone committing an indictable offense, or someone believed, on reasonable grounds, to have committed a crime and is actively fleeing from lawful arresting officers.
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Arrest Without Warrant by Peace Officer: Peace officers can arrest individuals for committing or attempting indictable offences, those who are actively committing any crime, or individuals where reasonable grounds exist that arrest warrants are active.
Unlawful Assemblies and Riots (Sections 63-69)
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Unlawful Assembly (Section 63): Three or more people assembled with a common purpose, creating a fear in the community of a disturbance or provoking such a disturbance, create an unlawful assembly. Protecting one's home from an attempted violent crime is not an unlawful assembly.
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Riot (Section 64): An unlawful assembly that's begun to cause a disturbance. Rioters face up to two-year jail sentences.
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Unlawful Assembly Punishment (Section 66): Members of an unlawful assembly face a summary conviction.
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Reading Proclamations (Sections 67 & 68): Designated officials (justices, mayors, sheriffs, etc.) can issue proclamations to disperse unlawful assembly, with failure to obey leading to imprisonment. Opposing or hindering the proclamation's delivery or failure to disperse can lead to life imprisonment.
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Peace Officer Neglect of Duty (Section 69): Failure by a peace officer to attempt, without reason, to suppress a riot can result in up to two years imprisonment.
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Riot Suppression (Section 32): Peace officers are justified in using necessary and appropriate force to suppress a riot, with the use of force not being excessive. Military personnel obey superior officer's commands unless manifestly unlawful, while others obey peace officers unless manifestly unlawful. Individuals are justified in taking reasonable steps to suppress riots before law enforcement arrives.
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Officer Duty if Rioters Refuse to Disperse (Section 33): If a proclamation is read or an offense has been committed, officers are responsible for dispersing or arresting those who do not comply. Officers are protected from civil or criminal proceedings for injuries caused by resistance while fulfilling this duty.
Peace Officer Status (CCC Par. 2, CCRA s. 10)
- Peace Officer Definitions: Correctional Service of Canada staff and prison personnel (excluding penitentiary staff) are defined as peace officers under specific conditions. Various staff can be designated peace officers by the Commissioner, and have the powers of legal officers (e.g. warrants, supervision orders, and penitentiary presence).
Escape (CCC 149(2))
- Escape Definition: Breaking prison, escaping authorized custody or being out of lawful custody before sentence completion are considered escape.
Permitting or Assisting Escape (CCC 146)
- Permitting and Facilitating Escape: Individuals who fail to act as expected while in lawful custody facilitate an escape or those involved with supplying tools or directions for escape face up to two-year jail terms as indicated.
Rescue and Permitting Escape (CCC 147)
- Rescue or Permitting Escape: Peace officers who allow inmates under their lawful custody to freely leave face penalties of up to five years imprisonment.
Exempted Individuals (CCC s. 117.07(1) & (2))
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Public Officer Exemption: Public officers (including peace officers and some specific public service personnel) are exempt from general firearm restrictions if firearms use is related to their job duties.
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Exemption for Individuals Acting on Official Behalf: Individuals acting for police forces, military, visiting forces, etc., are exempt from firearm restrictions if operating under the authority of their respective agencies.
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Description
Test your understanding of the authority and boundaries set by the Criminal Code regarding the use of force by law enforcement officers. This quiz focuses on key sections that outline when and how officers may use force in various situations, including arrests and self-preservation. Perfect for students and professionals in criminal law.