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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Rights and Freedoms under the charter are absolute in all circumstances.
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Legislation that changes often is influenced by democratic processes.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Breaking Provincial Laws has greater ramifications than breaking Federal Laws.
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Federal Laws are unique to each province in Canada.
Federal Laws are unique to each province in Canada.
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An Indictable offence is the least serious type of criminal offence.
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.
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.
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.
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.
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.
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.
