Questions and Answers
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.
True
Section 146 of the POA allows police to use excessive force if necessary to carry out their duties.
False
A 15-year-old charged with trespassing can be issued a Part 1 Offence Notice under the Trespass to Property Act.
False
A police officer can arrest a person off premises only if they have reasonable and probable grounds.
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Under the POA, police officers do not need to justify their use of force in any situation.
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The Trespass to Property Act enables police officers and authorized persons to arrest individuals without a warrant when necessary.
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Reasonable and probable grounds are required for a police officer to conduct an investigation under the Criminal Code.
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The definition of a young person under the POA is 11-15 years old.
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People charged under the POA are referred to as offenders.
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The three steps in proceeding under Part 1 of the POA are Issue, Serve, and File.
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We proceed with less serious charges with a Part 2.
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A Provincial Offences Officer may issue an offence notice or Summons under Part 1.
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Rules of conduct found only in the criminal code are universal for all jurisdictions.
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Common Law refers to early traditional law that is not written down.
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Proceeding under the POA requires conviction beyond a reasonable doubt.
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A charge for a summary conviction offence must be initiated within 6 months after the offence date.
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Communication is a key element in the enforcement of criminal codes.
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A criminal information is a document sworn to that initiates the charge against the accused.
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There are only two classifications of offences: Summary Conviction and Indictable.
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Rights and Freedoms under the charter are absolute in all circumstances.
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Legislation that changes often is influenced by democratic processes.
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A form provided to the accused upon arrest is known as a criminal information.
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Implied consent is a valid defense for sexual assault according to the Supreme Court of Canada.
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Consent given before an activity can be considered valid at the time of the activity.
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For aggravated sexual assault, an individual must endanger life to meet the criteria.
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A sexual assault under section 271 CC is classified as a summary conviction offense.
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For there to be valid consent to a sexual activity, it must be given freely and voluntarily.
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The age of consent for sexual activity in Canada is 18 years.
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Two of the three elements to prove a sexual assault are evaluated on a subjective standard.
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Breaking Provincial Laws has greater ramifications than breaking Federal Laws.
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Federal Laws are unique to each province in Canada.
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An Indictable offence is the least serious type of criminal offence.
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There is no statute of limitations on initiating a charge for an indictable offence.
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Anyone can charge another person with a criminal offence by swearing to an information.
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For a provincial offence, charges must be laid within 6 months of the time of the alleged offence.
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Police decide whether a charge goes by way of Summary or Indictable based on the severity of the offence.
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Provincial offences are governed exclusively by the Criminal Code.
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Study Notes
Arrest Authority
- Police can arrest off premises if they have reasonable and probable grounds a person has contravened the law or made a fresh departure.
- Arrest is also permissible if a person refuses to identify themselves or has provided false identification.
Use of Force Justification
- Section 146 of the Provincial Offences Act (POA) allows police to use necessary force to fulfill legal obligations.
- Officers must consider the nature of the offense and restrict force to what is necessary, with a need to justify any force used.
Offence Notice for Minors
- A 15-year-old charged with trespassing at a school may receive a Part 1 Offence Notice since they are under 16.
Arrest Without Warrant
- Police officers or authorized persons may arrest without warrant any individual believed to be contravening the law on premises.
Authority to Search
- The authority to search an arrested person arises from the act itself, the Criminal Code of Canada, and common law.
Offence Definitions and Classifications
- Provincial Offences Officers can issue notices or summons under Part 1 of the POA.
- Classifications of offences include Summary Conviction, Hybrid, and Indictable.
Procedural Steps
- Three primary steps for proceeding under Part 1 of POA: Issue, Serve, and File.
Common Law and Rights
- Common Law is based on traditional unwritten laws, not defined in legislative terms.
- Rights and freedoms under the Charter are not absolute and are subject to limitations based on various legal frameworks.
Criminal Charges and Time Constraints
- A charge for a summary conviction offence must be initiated within 6 months after the offence date.
- There are no statutes of limitation for initiating charges related to indictable offences.
Consent in Sexual Assault Cases
- Valid consent must be given voluntarily and at the time of the activity; prior discussions do not constitute consent.
- The age of consent for sexual activity in Canada is 16 years.
- Sexual assault infringes on an individual's sexual integrity.
General Legal Principles
- Anyone can initiate a charge by swearing to an information.
- Police have discretion in determining whether a charge is Summary or Indictable, and provincial offences must be charged within 9 months.
Legal Definitions
- The term "defendant" applies to individuals charged under the POA.
- Aggravated sexual assault involves actions that cause serious harm or endanger life.
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Description
Test your knowledge on the arrest powers of police officers during special constables training. This quiz covers various scenarios where officers can act off-premises. Ensure you understand the nuances of police powers and responsibilities.
