Federal Law 12 PDF

www.opcva.ca Federal Law 12 Trespass at Night Voyeurism Mischief to Property Cause a Disturbance Version: BCT Federal Law January 2022SL © Queen's Printer for Ontario, 2018 Objectives Demonstrate an understanding of and articulate the facts in issue for the offences of: • Trespass at Night • Voy...

www.opcva.ca Federal Law 12 Trespass at Night Voyeurism Mischief to Property Cause a Disturbance Version: BCT Federal Law January 2022SL © Queen's Printer for Ontario, 2018 Objectives Demonstrate an understanding of and articulate the facts in issue for the offences of: • Trespass at Night • Voyeurism • Mischief • Causing a Disturbance Demonstrate: • An understanding of the terms: night, loiters, and prowls 2 Trespass at Night S. 177 C.C. Everyone who, • without lawful excuse, • loiters or prowls at night • on the property of another person • near a dwelling house situated on that property Summary Conviction Offence 3 Trespass at Night Definition of Night (S. 2 C.C.) means the period between nine o’clock in the afternoon to six o’clock in the forenoon of the following day 4 Trespass at Night • Whole or part of any building or structure • Kept or occupied as a permanent or temporary residence • Includes building within curtilage of a dwelling house – connected by a doorway or covered passageway • Includes unit designed to be mobile • To be used as a permanent or temporary residence • Being used as such 5 Curtilage 6 Curtilage 7 Voyeurism S. 162 C.C. Everyone commits an offence who, • surreptitiously observes - including by mechanical or electronic means OR • makes a visual recording of a person • who is in circumstances that give rise to a reasonable expectation of privacy, if 8 Voyeurism S. 162 C.C. • Person is in a place where reasonably expected to be nude, to expose genitals/anal region/her breasts/to be engaged in explicit sexual activity OR • Person is nude, exposing genitals/anal region/her breasts/engaged in explicit sexual activity and recording is done for the purpose of observing/recording person in state or activity OR • Observation/recording done for a sexual purpose 9 Voyeurism R v. Jarvis SCC 2019 • London Ontario high school teacher • Approaching female students at various times and various locations in the school • Surreptitiously recording the students with a camera pen • Primary recordings were of the face, upper body and breasts of the female students • Students were not aware they were being recorded. • Jarvis charged under s. 162(1)(c) 10 Voyeurism R v. Jarvis SCC 2019 Two questions: 1. Did the students have a reasonable expectation of privacy? (objective standard) 2. Were the recordings done for a sexual purpose? (objective standard) Answer to both of these is YES!! 11 Voyeurism S. 162 C.C. Defence to Voyeurism No person shall be convicted of an offence under this section if the acts alleged to constitute the offence serve the public good 12 Mischief S. 430. (1) C.C. Everyone commits mischief who willfully a) destroys or damages property b) renders property dangerous, useless, inoperative or ineffective c) obstructs, interrupts or interferes with the lawful use or enjoyment of property; or d) obstructs, interrupts or interferes with any person in the lawful use or enjoyment or operation of property. 13 Mischief S. 429 C.C. 2) Cannot be convicted of an offence under S.430 if they act with legal justification or excuse or colour of right 3) If a person has a partial interest in what is destroyed or damaged they can still be convicted of an offence if they caused the destruction or damage 4) If a person has total interest in what is destroyed or damaged they can still be convicted of an offence if the destruction or damage was done with the intent to defraud. 14 Cause Disturbance S. 175(1)(a) C.C. Everyone who (a) not being in a dwelling house causes a disturbance in or near a public place by, i. fighting, screaming, shouting, swearing, singing, using insulting or obscene language ii. by being drunk, or iii. by impeding or molesting 15 Cause Disturbance Definition of Dwelling House (S. 2 C.C.) Everyone who, not being in a dwelling house…… • The whole or part of any building or structure • kept or occupied as a permanent or temporary residence, • including a building within the curtilage of a dwelling house • connected to it by a doorway or covered passageway, • unit designed to be mobile • to be used as a permanent or temporary residence and • being used as such a residence 16 Cause Disturbance Definition of Public Place S. 150 C.C. …in or near a public place… includes any place to which the public has access as of right or by invitation, express or implied 17 Cause Disturbance Definition of Disturbance …causes a disturbance… An act causing annoyance or disquiet, interrupting the peace. Mere annoyance does not count, must interfere with the ordinary use of the premises. (Blacks Law Dictionary) 18 Cause Disturbance S. 175(1)(a) C.C. Everyone who (a) not being in a dwelling house causes a disturbance in or near a public place by i. fighting, screaming, shouting, swearing, singing, using insulting or obscene language ii. by being drunk, or iii. by impeding or molesting 19 Cause Disturbance S. 175(1)(b) C.C. Everyone who …openly exposes or exhibits an indecent exhibition in a public place 20 Cause Disturbance S. 175(1)(c) C.C. Everyone who …loiters in a public place and in any way obstructs persons who are in that place, or 21 Cause Disturbance S. 175(1)(d) C.C. Everyone who • disturbs the peace and quiet of the occupants of a dwelling-house • by discharging firearms or • by other disorderly conduct in a public place or • who, not being an occupant of a dwelling-house comprised in a particular building or structure, • disturbs the peace and quiet of the occupants of a dwelling-house comprised in the building or structure • by discharging firearms or • by other disorderly conduct in any part of a building or structure • to which, at the time of such conduct, the occupants of two or more dwelling-houses comprised in the building or structure have access as of right or by invitation, express or implied 22 Cause Disturbance Evidence of a Peace Officer S. 175(2) C.C. In absence of other evidence, or by way of corroboration of other evidence, a summary conviction court may infer from the evidence of a peace officer relating to the conduct of a person or persons, whether ascertained or not, that a disturbance described in paragraph (1)(a) or (d) or an obstruction described in paragraph 1(c) was caused or occurred. Summary Conviction Offence 23 Cause Disturbance Scenario 1 You attend at a complaint of a man shouting obscenities at people in the street. You attend 15 minutes after the incident occurred and a citizen points out the man to you. He is sitting quietly on a park bench. Q. Can you arrest him? A. No, must find committing for a summary conviction offence. Q. Can you charge him? A. Yes, you can charge him by seeking a criminal summons. 24 Cause Disturbance Scenario 2 A resident of an apartment building is having a party with 30 people in attendance, all are non-residents of the building. During the course of the party, several people are in the hallway, one man is very drunk and is shouting loudly using obscene and insulting language. Several of the residents of the building are disturbed. The police are called and you respond to the call. Q. Can you charge the host? A. No Q. Can you charge the man in the hallway A. Yes Q. If so, what charge would you lay?? 25 Cause Disturbance Scenario 3 It is 3:00 a.m. and several young adults (18 and 19) on a residential street are shouting and screaming. You arrive on scene and you hear them shouting and screaming, and you also observe the lights on in several of the homes, and the residents looking out their windows. Q. Can you arrest? A. Yes, found committing Q. Do you require the names of the residents who were disturbed for court purposes? A. No, 175(2) states that police officers can give evidence and the court can draw an inference that the residents of the nearby homes were disturbed. 26 Homework Assignment Open book navigation is important. Practice…but also there are: Workbook Questions 27