definitions_session_slides-24525-20211216.pdf

www.opcva.ca Federal Law 2 Definitions Version: BCT Federal Law January 2022SL © Queen's Printer for Ontario, 2018 Procedural Law is: An instruction manual for police – it outlines how the law is to be enforced and generally contains no or very few offences. 2 The Criminal Code has 3 classif...

www.opcva.ca Federal Law 2 Definitions Version: BCT Federal Law January 2022SL © Queen's Printer for Ontario, 2018 Procedural Law is: An instruction manual for police – it outlines how the law is to be enforced and generally contains no or very few offences. 2 The Criminal Code has 3 classifications of offences. What are they? Summary Conviction Dual Procedure Indictable 3 A criminal offence is: A violation of any federal law 4 For the purposes of arrest, all _______ offences will be considered indictable. dual procedure 5 Objective Identify and demonstrate a familiarity with definitions that will be used in your everyday duties as an investigator. 6 Definitions Summary Conviction Offence How do we know it’s Summary Conviction ??? I.A. 34.(1) where an enactment creates an offence, (b) the offence is deemed to be one for which the offender is punishable on summary conviction if there is nothing in the context to indicate that the offence is an indictable offence 7 Definitions Indictable Offence How do we know an offence is deemed indictable ?? I.A. 34, (1) Where an enactment creates an offence, (a) the offence is deemed to be an indictable offence if the enactment provides that the offender may be prosecuted for the offence by indictment 8 Definitions Dual Procedure Offence I.A. 34(1) Where an enactment creates an offence, (c) if the offence is one for which the offender may be prosecuted by indictment or for which he is punishable on summary conviction… 9 Definitions Criminal Offence A criminal offence is a violation of any Federal Statute whether it is described as an indictable offence or one punishable on summary conviction 10 Definitions Peace Officer and Police Officer 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 executions of a civil process (s. 2 C.C.) Police Officer S. 462.48(17) C.C. means any officer, constable or other person employed for the preservation and maintenance of the public peace 11 Definitions Find Committing The courts have construed find committing to mean either: a. seeing the person actually committing an offence (caught in the act); OR b. seeing the person actually commit an offence and pursuing that person immediately and continuously until that person is arrested 12 13 Definitions Reasonable Grounds . R v. Storrey [1990] 1 S.C.R. 241 (S.C.C.) “….. an arresting officer must subjectively have reasonable and probable grounds on which to base the arrest. Those grounds must, in addition, be justifiable from an objective point of view. That is to say, a reasonable person placed in the position of the officer must be able to conclude that there were reasonable and probable grounds for the arrest.” Reasonable and Probable Grounds = Reasonable Grounds 14 Reasonable Grounds • Reasonable Grounds – will always be a question of fact depending on the circumstances of each case • Suspicious circumstances will never be enough. • Reasonable Grounds mean that there must be such facts as would cause a reasonable person to believe that the suspect has committed or is about to commit an offence. • It means that the officer’s belief must be justifiable not only from a subjective point of view, but also from an objective point of view. 15 Reasonable Grounds Questions to ask for Reasonable Grounds 1. Is there some basis in fact as opposed to mere suspicion or hunch for my decision to arrest? 2. Can I point to some fact (apart from suspicion) by which reasonable people would say that I had cause to act? 16 Definitions Arrest An arrest is accomplished when you take or get physical control of a person with intent to detain. A person who acquiesces and accompanies a peace officer, with the understanding or belief that their liberty has been taken away, is as much under arrest as is the person handcuffed to a peace officer. 17 Definitions Psychological Detention When police conduct is in such a manner that a citizen concludes that they have no choice but to comply they are psychologically detained. “Psychological detention is a suspension of an individual's liberty by psychological restraint.” 18 Comply Conform Submit Cave In Psychological detention is a suspension of an individual's liberty by psychological restraint “Acquiesce” No Choice 19 Go Along Give In Minority Status Physical Stature Singling Out Level of Sophistication Factors that will be considered to gauge if psychological detention occurred Mental Condition Location of Interaction Language Used Age Duration 20 Definitions Accused Accused Includes: (a) a person to whom a peace officer has issued an appearance notice under section 497, and (b) a person arrested for a Criminal Offence 21 Homework Assignment Workbook Questions 22