Special Constables Training - Quiz 4

A police officer can arrest without a warrant if they believe a person is in contravention of section 2 of the Trespass to Property Act.

Section 146 of the POA allows police to use excessive force if necessary to carry out their duties.

A 15-year-old charged with trespassing can be issued a Part 1 Offence Notice under the Trespass to Property Act.

A police officer can arrest a person off premises only if they have reasonable and probable grounds.

Under the POA, police officers do not need to justify their use of force in any situation.

The Trespass to Property Act enables police officers and authorized persons to arrest individuals without a warrant when necessary.

Reasonable and probable grounds are required for a police officer to conduct an investigation under the Criminal Code.

The definition of a young person under the POA is 11-15 years old.

People charged under the POA are referred to as offenders.

The three steps in proceeding under Part 1 of the POA are Issue, Serve, and File.

We proceed with less serious charges with a Part 2.

A Provincial Offences Officer may issue an offence notice or Summons under Part 1.

Rules of conduct found only in the criminal code are universal for all jurisdictions.

Common Law refers to early traditional law that is not written down.

Proceeding under the POA requires conviction beyond a reasonable doubt.

A charge for a summary conviction offence must be initiated within 6 months after the offence date.

Communication is a key element in the enforcement of criminal codes.

A criminal information is a document sworn to that initiates the charge against the accused.

There are only two classifications of offences: Summary Conviction and Indictable.

Rights and Freedoms under the charter are absolute in all circumstances.

Legislation that changes often is influenced by democratic processes.

A form provided to the accused upon arrest is known as a criminal information.

Implied consent is a valid defense for sexual assault according to the Supreme Court of Canada.

Consent given before an activity can be considered valid at the time of the activity.

For aggravated sexual assault, an individual must endanger life to meet the criteria.

A sexual assault under section 271 CC is classified as a summary conviction offense.

For there to be valid consent to a sexual activity, it must be given freely and voluntarily.

The age of consent for sexual activity in Canada is 18 years.

Two of the three elements to prove a sexual assault are evaluated on a subjective standard.

Breaking Provincial Laws has greater ramifications than breaking Federal Laws.

Federal Laws are unique to each province in Canada.

An Indictable offence is the least serious type of criminal offence.

There is no statute of limitations on initiating a charge for an indictable offence.

Anyone can charge another person with a criminal offence by swearing to an information.

For a provincial offence, charges must be laid within 6 months of the time of the alleged offence.

Police decide whether a charge goes by way of Summary or Indictable based on the severity of the offence.

Provincial offences are governed exclusively by the Criminal Code.