Authorities Day 1 and 2 Notes PDF

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Summary

These notes detail special constable training, including the Canadian government's structure and definitions of peace officers. They also cover the Community Safety & Policing Act and other related topics.

Full Transcript

Authorities – Day 1 SPECIAL CONSTABLE TRAINING SECTION Shooting in downtown Toronto leaves man seriously injured - Toronto | Globalnews.ca TPS COMPETENCY FRAMEWORK Review - 3 Levels of Canadian Government Federal (Criminal) Provincial (Non -Criminal) Munic...

Authorities – Day 1 SPECIAL CONSTABLE TRAINING SECTION Shooting in downtown Toronto leaves man seriously injured - Toronto | Globalnews.ca TPS COMPETENCY FRAMEWORK Review - 3 Levels of Canadian Government Federal (Criminal) Provincial (Non -Criminal) Municipal (Non-Criminal) Review What is the definition of a “Peace Officer” in the Criminal Code? Under Section 2, a “Peace Officer” includes: (c) a police officer, police constable, bailiff, constable , or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process Review - Community Safety & Policing Act Review -Special Constable Appointment Section 92 (7) Community Safety & Policing Act Contents of certificate The police service board or the Commissioner shall specify in the certificate of appointment, (a) the name of the employer who may employ the appointee as a special constable; (b) the term of the appointment, which must not be more than the prescribed period, if any; (c) the purposes for which the person may act as a special constable , from among those set out in the regulations; (d) the powers of a police officer that the special constable may exercise, if any, to the extent and for the purposes specified in clause (c); (e) any weapons or prescribed equipment that the special constable is authorized to carry or use in the course of his or her duties ; and (f) any other terms or conditions the police service board or the Commissioner consider appropriate. 2019, c. 1, Sched. 1, s. 92 (7); 2023, c. 12, Sched. 1, s. 36 (2); 2024, c. 2, Sched. 4, s. 3. Review –Special Constable Duties Special Constable Appointment Special Constable Appointment Gives you the status of a Peace Officer while on duty during the performance of your assigned purpose. Special Constable- Toronto Police Service A man in TPS uniform holding crime scene tape CSPA – Ontario Regulation 396/23 Matters respecting the appointment & functions of special constables & the authorization of special constable employers Interpretation Section 1 (3) For the purposes of this Regulation, an action may be taken under the direction of a police officer or a First Nation Officer even if the direction is provided remotely, whether orally or in writing. CSPA – Ontario Regulation 396/23 Prohibition on motor vehicle pursuits 5. (1) Subject to subsection (2 ), a special constable may not, by means of a motor vehicle, pursue a fleeing motor vehicle. (2) Subsection (1) does not apply to a special constable who, (a) is an officer within the meaning of the Royal Canadian Mounted Police Act (Canada); or (b) is employed by the Niagara Parks Commission. Review - CSPA – Holding out as a Police Officer 100 (1) No special constable shall hold himself or herself out as a police officer. 2019, c. 1, Sched. 1, s. 100 (1); 2024, c. 2, Sched. 4, s. 3. Offence (7) A special constable who contravenes subsection (1) is guilty of an offence and on conviction is liable, (a) in the case of a first offence, to a fine of not more than $5,000; or (b) in the case of a second or subsequent offence, to a fine of not more than $10,000. 2019, c. 1, Sched. 1, s. 100 (7); 2024, c. 2, Sched. 4, s. 3. Toronto Police Service news, opinion and analysis - Macleans.ca Toronto Police on X: "Congrats to all the grads! Special Constables are key members of our team" / X Knowledge Check Where does our main arrest authority come from? What are the three classifications of offences in the Criminal Code? Section 494 and 495 of the Criminal Code Indictable Dual/ Hybird Summary Review - Classification of Offences Indictable offence - “One of the categories of offences set out in the Criminal Code; generally refers to a serious offence which is subject to a greater penalty than the less serious summary conviction offence.” Dual / Hybird offence - “The Crown prosecutor has the choice to proceed by summary conviction or by indictment, depending on the seriousness of the offence. The distinction between summary conviction and indictable offences is based on the formality of the procedures used to try them.” Summary offence - “The category of criminal offences that are subject to less formal and complex procedures. They are usually less serious crimes than indictable offences and carry lower penalties.” Review of Common Terms What is a Criminal offence ? What is “ Finds Committing ”? “ Means any offence against an Act of Parliament” TPS Governance The courts have construed this term to mean either: seeing the person actually committing the offence (caught in the act); or seeing the person commit the offence and pursuing him or her immediately and continuously until he or she is arrested Review of Common Terms What is “ reasonable grounds ”? “A set of facts or circumstances that would lead a person of ordinary care and judgement to have a strong belief beyond mere suspicion.” TPS Governance Review of Common Terms What is “ fresh pursuit” ? “The essence of fresh pursuit is that it must be continuous pursuit conducted with reasonable diligence, so that pursuit and capture along with the commission of the offence may be considered as forming part of a single transaction.” R. v. Macooh , Review - Arrest without warrant by any person – S.494 (1) Any one may arrest without warrant (a) a person whom he finds committing an indictable offence ; or (b) a person who, on reasonable grounds , he believes ( i ) has committed a criminal offence , AND (ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person. Review - Arrest without warrant by any person – S.494 (2) The owner or a person in lawful possession of property , or a person authorized by the owner or by a person in lawful possession of property, may arrest a person without warrant if they find them committing a criminal offence on or in relation to that property and (a) They make the arrest at that time; OR (b) They make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest Review - Arrest without warrant by any person – S.494 Delivery to a peace officer : (3) Anyone other than a peace officer who arrests a person without a warrant shall forthwith deliver the person to a peace officer. Review - Arrest without warrant by peace officer – S.495 (1) A peace officer may arrest without warrant (a) A person who has committed an indictable offence or who, on reasonable grounds , he believes has committed or is about to commit an indictable offence ; Review - Arrest without warrant by peace officer – S.495 Who HAS COMMITTED an indictable offence (Present) Who, on reasonable grounds, he BELIEVES HAS COMMITTED an indictable offence (Past) Who, on reasonable grounds, he BELIEVES IS ABOUT TO COMMIT an indictable offence (Future) Review - Arrest without warrant by peace officer – S.495 (b) a person whom he finds committing a criminal offence ; or ( c) a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal , in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found. Review - Preventing breach of the peace – S. 30 Every one who witnesses a breach of the peace is justified in interfering to prevent the continuance or renewal thereof and may detain any person who commits or is about to join in or to renew the breach of the peace , for the purpose of giving him into the custody of a peace officer, if he uses no more force than is reasonably necessary to prevent the continuance or renewal of the breach of the peace or than is reasonably proportioned to the danger to be apprehended from the continuance or renewal of the breach of the peace. Review - Arrest for breach of the peace – S. 31 (1) Every peace officer who witnesses a breach of the peace and every one who lawfully assists the peace officer is justified in arresting any person whom he finds committing the breach of the peace or who, on reasonable grounds , he believes is about to join in or renew the breach of the peace. Review - Arrest for breach of the peace – S. 31 (2) Every peace officer is justified in receiving into custody any person who is given into his charge as having been a party to a breach of the peace by one who has, or who on reasonable grounds the peace officer believes has, witnessed the breach of the peace. Criminal Code – S. 25 Protection of persons acting under authority 25 (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law (b) as a peace officer ……is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose Identification of Criminals Act “The proper identification of criminals is an important part of any police investigation. The Identification of Criminals Act authorizes the fingerprinting or photographing of all persons charged with or convicted of an indictable offence (including all dual procedure offences), or apprehended under the Extradition Act.” TPS 01 - 07 Identification of Criminals Identification of Criminals Act – S. 2 Fingerprints and Photographs Use of force “Such force may be used as is necessary to the effectual carrying out and application of the measurements, processes and operations.” “An information shall be sworn, or a conviction registered, before force may be used to fingerprint, palmprint and photograph a person.” TPS 01 - 07 Identification of Criminals Fingerprinting - Peel Regional Police Criminal Code – S. 26 Excessive force 26. Every one who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess. Review - Definition of Arrest Arrest “ means the act of restraining the liberty of a person with the intent to detain.” TPS 01 - 01 Arrest R I C E S to prevent the repetition or continuation of the offence or the commission of another offence to establish the identity of the person to ensure the presence of the accused in court to secure or preserve evidence of or relating to the offence to ensure the safety and security of any victim of or witness to the offence TPS 01 - 01 Arrest Public Interest – 4 P’s P Review - The 4 P’s Protection of the public interest Protection of the accused Protection of property Prevent a Breach of the Peace TPS 01 - 01 Arrest When making an arrest shall: Identify themselves Inform the person that they are under arrest* Inform the person of the reason for the arrest* Inform the person of the Right to Counsel, including the existence and availability of duty counsel and free legal advice (Legal Aid)* * Mandatory requirements under the Charter of Rights and Freedoms TPS 01 - 01 Arrest take physical control of the person ensure the person understands the Right to Counsel search the person in compliance with procedure 01 - 02 place the person in handcuffs in accordance with training and utilize the double lock mechanism where possible where handcuffs are not used, be prepared to justify this decision TPS 01 - 01 Arrest allow reasonable access to a telephone as soon as practicable [duty counsel is available at court locations] Ensure that, when an arrested person has the care, charge or custody of another person who, because of age, physical or medical condition, is unable to care for themselves, every effort is made to obtain interim care for the dependent person [ assist dependants] Court Services – Unit Specific Policy CRT 01 - 05 Arrest Take the arrested party before a supervisor, if applicable Search the person in accordance with CRT 01 - 02 [Unit Commander Directive 2021 - 01: Interim Search Process] When dealing with an arrested person who has ingested a potentially harmful substance (e.g. cocaine, methanol, etc.) and appears to require medical attention shall comply with the applicable sections of CRT 01 - 03 (Prisoner Management) Complete the necessary notes and provide a copy to the police officer continuing the arrest , if applicable provide a copy to the supervisor for inclusion on the UCMR Court Services – Unit Specific Policy CRT 01 - 05 Arrest “After an arrest has been made court officers [special constables] are required to deliver the person in custody to a police officer for continued investigation and/or release.” End of Lesson Assignment Read Article - “ Who gets to call themselves police — and why should you care ?” After reading this article , answer the following: What is your opinion on the ability of the general public to distinguish between a “Special Constable” and a “Police Officer.” If you asked a member of the public to describe what authorities a “Special Constable” has; do you think they would be able to describe them? If we have peace officer powers of arrest while performing our role within our appointment; does it matter if someone assumes that you are a police officer? Can you outline the duties in your appointment of “Special Constable,” that authorizes you to have police powers? Authorities – Day 2 Discussion Review “ Who gets to call themselves police — and why should you care?” A Meaningful Design: 2021 Best Dressed Award Winners - Blue Line Review of Campus Safety role in student mental health crises ongoing during fall 2021 – The Varsity Practical Exercise Now it’s time to practice the procedures that we must follow when performing an arrest. Review - Warrants What is a warrant? Image result for WARRANT Image result for WARRANT A judicial order directing a peace officer to do something such as arrest someone, search or seize something, or enforce a judicial order. Warrants are legal orders, peace officers are deprived of discretionary authority. Review - Arrest Warrant A document authorizing a peace officer to arrest an individual where the court orders it. Complainant (Police/Civilian) appears before judge to lay an information and has sworn before him/her as to the truth of facts. Issued for indictable or summary offences. Free Arrest Warrant Cliparts, Download Free Arrest Warrant... Review - Bench Warrant An order issued by a judge to a peace officer for the arrest of a person who has failed to appear, or remain in attendance, at a hearing or trial. Bench warrants are a form of arrest warrants. warrant clip art - Clip Art Library Review - Warrant of Committal An order requiring that a party be committed to prison for a specified period of time. Upon passing of sentence a warrant of committal is issued. Ticket to jail. Chance Card Vintage Monopoly Go Directly To Jail Greeting Card for Sale by Design Turnpike Review - Warrant of Committal (Surety Warrant) Surety relieves themselves of their obligation. Warrant will be issued authorizing the arrest of the person who was released on bail. gavel clipart transparent Review - Legal Requirements of an Arrest Warrant A warrant must : Signed by issuing person Name or description of the accused Brief description of the offence Order the arrest of accused and brought before a Judge/Justice Ecommerce Store Checklist - Ecommerce Guide Review – Executing an Arrest Warrant A warrant may be executed: At any time, unless otherwise indicated on the warrant By one or more officers to whom it is directed within the territorial jurisdiction or, if in fresh pursuit, anywhere in Canada TPS 02 - 01 Arrest Warrants Free vector shield Toronto Police Warrant Officer TPS 04 - 13 Foreign Nationals Free download Flags Wallpaper Flags United nations human rights Human [1366x768] for your Desktop, Mobile & Tablet | Explore 21+ United Nations Flag Wallpapers | United Nations Flag Wallpapers, United Nations Wallpapers, Foreign National – means any person who is not a Canadian citizen and includes landed immigrants, permanent residents, refugee claimants, visitors (tourists, students, and temporary workers), and persons without legal status. TPS 04 - 13 Foreign Nationals Member : When a foreign national is arrested, imprisoned or otherwise detained shall: Comply with Procedure TPS 01 - 01 Arrest, where applicable Inform the person concerned without delay of their right to consult with consular officials and note in the memorandum book any response made Advise the case manager if the person requests to consult with consular officials Complete the applicable eReports TPS 04 - 12 Diplomatic & Consular Immunity “Supervisory officer attendance is mandatory when investigating an incident in which a person identifies themselves as a diplomatic or consular official.” “All incidents involving diplomatic or consular officials shall be reported to Intelligence Services – Security Section (INT – Security) as soon as possible after the incident.” TPS 04 - 12 Diplomatic & Consular Immunity IMMUNITY Review - Investigative Detention A detention is defined as suspension of an individual's liberty by significant physical or psychological restraint. (R v. Grant, 2009) Detention automatically triggers “Rights to Counsel” Police Man Clip Art Review – Ontario Regulation 410/23 Code of Conduct for Special Constables Unlawful detention 8. (1) A special constable shall not authorize or make a physical or psychological detention if, at the time of the detention, the special constable knows or reasonably ought to know that the detention is unlawful. (2) A special constable shall not be subject to discipline for a contravention of subsection (1) if, on a balance of probabilities, the conduct was, (a) in the good faith performance of the special constable’s duties; and (b) consistent with the special constable’s training and any applicable procedures established by their employer or, if the special constable is a member of a police service, by their chief of police. DNA Detention Out of Custody DNA Escort at Court Location Inform individual of warrant, order or authorization to obtain DNA sample Peace officers are authorized to use as much force as necessary to obtain the DNA sample Ensure “Rights to Counsel” are given Length of detention must be reasonable Individual must never be left alone during detention Make memorandum book notes Image result for court order dna sample Image result for court order dna sample DNA Detention Detaining someone for a DNA sample does not require the person to be: Handcuffed Placed into a secured cell Image result for handcuffs Image result for handcuffs Image result for prisoner in cell Image result for prisoner in cell Court Services - DNA Coordinator's Office “In cases where an officer is faced with a non - compliant or absconding out - of - custody offender at the courthouse, detention means assuming physical control , and if necessary, using handcuffs to safely escort the offender to the DNA sampling area.” “ Should an offender attempt to leave , the escorting officer should notify the Supervisor of the situation, request assistance if deemed necessary, and alert the Security Screening Station officers. Once control of the offender has been obtained, the offender should be brought directly to a DNA sampling room to have the order executed.” “Once the sample has been obtained the offender can be released unless there will be further charges laid , in which case the appropriate police division should be called to attend.” Scenarios Scenario #1 A person in the hallway of the courthouse approaches you and advises that a man wearing a black hoodie, sitting on the bench outside of courtroom 412, is the person who pulled the fire alarm two hours ago. The person matches the description of an earlier witness’ statement. What are your authorities in this situation? Scenario #1 Offence - False alarm of fire – Criminal Code Section 437 (dual) Sec. 495 (1) a peace officer may arrest without warrant (a) a person on reasonable grounds he believes has committed an indictable offence. Scenario #2 You are a Booking Officer at a police division. The Officer In Charge assigns you to help out at the front counter. While working at the front counter, a man enters the division and reports to you he recognizes a woman he saw yesterday at Ted’s restaurant. The man tells you while at the restaurant yesterday , he witnessed a woman leaving before paying for her bill. He tells you the woman is wearing a red jacket and is currently smoking in front of Ted’s restaurant right now. Ted’s restaurant is across the street from the Police Division and he wants you to arrest her now. What are your authorities in this situation? Scenario #2 Offence - Fraudulently obtaining food – Criminal Code Section 364(1) (summary) Sec 495 (1) a peace officer may arrest without warrant (b) a person whom he finds committing a criminal offence *A peace officer is required to find a person committing a summary offence Scenario #3 While patrolling the hallway at a court location , a court clerk approaches you. She advises you that there is a man in set date court using his cell phone to record the court proceedings. You attend the courtroom and see a man holding his cell phone and observe the phone recording. What are your authorities in this situation? Scenario #3 Offence - Prohibited activity – Trespass to Property Act TPA Sec 2 (1) (ii) engages in an activity on premises when the activity is prohibited under this Act; TPA - Arrest without warrant on premises 9 (1) A police officer, or the occupier of premises, or a person authorized by the occupier may arrest without warrant any person he or she believes on reasonable and probable grounds to be on the premises in contravention of section 2 Scenario #4 You are detailed by the sergeant of the police division to assist with guarding a crime scene. When you arrive on scene, the police officer on site advises they are required to attend a call. While guarding the scene, a person attempts to cross over the yellow police tape to take a photo of the scene with their cell phone. You caution the person not to enter the scene, but they step under the police tape to take a photo. What are your authorities in this situation? Scenario #4 Offence - Obstruct peace officer - Criminal Code Section 129 (dual) Sec. 495 (1) a peace officer may arrest without warrant (b) a person whom he finds committing a criminal offence Scenario #5 You are detailed to Toronto General Hospital to relieve a police officer who is guarding a prisoner waiting for treatment for an injury. You arrive at the hospital and relieve the police officer from the guarding detail to resume patrol duties. A hospital security guard then approaches you and directs you to call a police officer as they do not recognize your authority to guard the prisoner. What can you explain to the security guard? Scenario #5 You can explain to the security guard that your authority is that of a peace officer while you are on duty, working for the Toronto Police Service as a special constable , in accordance to the powers set out in the letter of appointment from the Toronto Police Service Board and the Criminal Code of Canada. Your appointment authorizes “special constable” status (police powers) for the purpose of guarding persons in custody, in accordance with the CSPA. Scenario #6 While assigned as the Booker at a police division you are detailed to start feeding the prisoners in the lock - up. You provide a sandwich to the prisoner in cell #1 for his lunch. The prisoner then asks for another sandwich. You let the prisoner know that no extra sandwiches are available, as other prisoners need to be fed. A short time later, as you walk past cell #1, the prisoner says to you through the opening in the cell door “Hey you, I want another sandwich now.” The prisoner then spits at you through the cell opening. The spit is discovered on your left arm. What are your authorities in this situation? Scenario #6 Offence - Assault Peace officer – Criminal Code Section 270 (1) (dual) As the prisoner is in custody, the charge of assault peace officer can be added by the police. Scenario #7 While assigned as the Booker at a police division you are detailed to escort the prisoner in cell #2 to the interview room to speak with their lawyer. When you approach the cell to escort the prisoner, they immediately become verbally abusive and tell you they do not want to speak with a lawyer. You speak with the prisoner for a few minutes and are able to convince them to speak with their lawyer. Later, after the prisoner speaks with their lawyer, you escort them back to cell #2 from the interview room. The prisoner begins becoming verbally abusive towards you and swings their right arm in your direction, but does not make contact with you. You are able to place the prisoner in cell #2 and secure the cell. Has an offence taken place in this situation? Scenario #7 Offence - Assault Peace officer – Criminal Code Section 270 (1) (dual) As the prisoner is in custody, the charge of assault peace officer can be added by the police. Scenario #8 While assigned to the security screening station at a court location , a member of the public approaches you. She tells you that she was just aggressively shoved by a man sitting beside her in set date court. She tells you the man was attempting to squeeze into the bench seating area beside her. She also tells you that her right arm is sore after the man shoved her. She lets you know that the man is wearing a black jean jacket and is sitting in the front row of the courtroom. The court is currently in session. What are your authorities in this situation? Scenario #8 Offence - Assault – Criminal Code Section 265 (1) (Dual) Sec. 495 (1) a peace officer may arrest without warrant (a) a person on reasonable grounds he believes has committed an indictable offence. Scenario #9 While working at the Security Screening Station at a court location , a man walks through the metal detector and sounds the alarm. You advise the man that he will need to be searched with the hand held scanner. The man complies and you begin to wand him. As you pass the hand held wand over the man’s left jacket pocket, the alarm sounds. You ask the man what is in his pocket and he denies having anything. The man then turns away from you and walks down the hallway towards the courtrooms. What are your authorities in this situation? Scenario #9 CSPA Section 244 (1) Paragraph 2 - Search of Public Search without warrant, iii. any property in the custody or care of the person. CSPA Section 244(2 ) - Arrest A person who is authorized by a police service board may arrest, without warrant, any person who: (b) after being directed to submit to a search under paragraph 2 of subsection (1), enters or attempts to enter premises where court proceedings are conducted without submitting to the search; Scenario #10 You are detailed by a sergeant of a police division to assist with ensuring access to Yonge Street is closed for the St. Patrick’s Day parade. The sergeant tells you to head to the intersection of Yonge and Wellesley Street East, as the parade will be heading southbound on Yonge Street. You then make your way to the intersection and notice that the city has installed barricades across Wellesley Street to block off access to Yonge Street. A short time later, you notice a black BMW sedan heading westbound on Wellesley Street East towards the intersection. The car stops at the barricades and the driver rolls down their window and tells you to move the barricades, so they can proceed through the intersection. You tell the driver that the road access is closed because of the parade. The driver demands that you move the barricades, as you are not a police officer and have no authority to stop him. What can you explain to the driver of the vehicle? Scenario #10 You can explain to the driver, that in accordance with your special constable appointment, you have authority under section 134(1) and 134(2) under the Highway Traffic Act. HTA - Direction of traffic by police officer 134 (1) Where a police officer or an officer appointed for carrying out the provisions of this Act considers it reasonably necessary, (a) to ensure orderly movement of traffic; (b) to prevent injury or damage to persons or property; or (c) to permit proper action in an emergency, he or she may direct traffic according to his or her discretion, despite the provisions of this Part, and every person shall obey his or her directions. R.S.O. 1990, c. H.8, s. 134 (1); 2021, c. 26, Sched. 1, s. 11 (1). HTA - Highway closing (2) For the purposes of subsection (1), a police officer or an officer appointed for carrying out the provisions of this Act may close a highway or any part thereof to vehicles by posting or causing to be posted signs to that effect, or placing or causing to be placed traffic control devices as prescribed in the regulations. R.S.O. 1990, c. H.8, s. 134 (2); 2021, c. 26, Sched. 1, s. 11 (2). Scenario #11 You are assigned by the supervisor to attend the courthouse Security Screening Station. While at the Security Screening Station, a woman rushes past the long line up and runs through the walk through metal detector, sounding the alarm. She advises you that she is a paralegal and she is late for court. You go to talk with her and she proceeds down the hallway. What are your authorities in this situation? Scenario #11 CSPA Section 244(1 ) Paragraph 1 Require a person who is entering or attempting to enter premises where court proceedings are conducted or who is on such premises, i. to identify himself or herself, and ii. to provide information for the purpose of assessing whether the person poses a security risk. CSPA Section 244(2 ) Arrest A person who is authorized by a police service board may arrest , without warrant, any person who: a) after being required to identify himself or herself or provide information under paragraph 1 of subsection (1), enters or attempts to enter premises where court proceedings are conducted without identifying himself or herself or providing the information ; Scenario #12 While assigned at the security screening station of a court location, a man is passing through the area to exit the building. The man appears to be angry and he flips over a receptacle located near the elevator. You notice that the receptacle is damaged. The man then waits for an elevator in front of the security screening station. The man loudly announces to you that he is unhappy and is heading to the subway to jump in front of a train. The man continues to yell that he is going to jump in front of the train while waiting for an elevator. The elevator arrives a few moments later and the man heads towards the elevator when the doors open at the floor. What are your authorities in this situation? Scenario #12 Mental Health Act - Action by police officer Section 17 Where a police officer has reasonable and probable grounds to believe that a person is acting or has acted in a disorderly manner and has reasonable cause to believe that the person, (a ) has threatened or attempted or is threatening or attempting to cause bodily harm to himself or herself; (b) has behaved or is behaving violently towards another person or has caused or is causing another person to fear bodily harm from him or her; or (c) has shown or is showing a lack of competence to care for himself or herself, and in addition the police officer is of the opinion that the person is apparently suffering from mental disorder of a nature or quality that likely will result in, (d) serious bodily harm to the person; (e) serious bodily harm to another person; or (f) serious physical impairment of the person, and that it would be dangerous to proceed under section 16, the police officer may take the person in custody to an appropriate place for examination by a physician. 2000, c. 9, s. 5. Consider Criminal Code offence – What offence has taken place? The following is outlined under Section 17 of the MHA Case Discussion – R. v. Jobidon 2 SCR 714 How does the Supreme Court decision in R. v. Jobidon apply to the issue of consensual fist fights? Questions? Image

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