Ethics - Document123.docx PDF

**[Ethics]** What is Ethics - Ethics are moral principles that [govern](https://www.google.com/search?sca_esv=80a4d258620f7496&rlz=1CDGOYI_enCA916CA916&hl=en-US&sxsrf=ADLYWIJlwwW5BPy5x4KesD7Rl41HQwD8Mg:1719446511327&q=govern&si=ACC90nwdkA2npcVVmNPViiSe8FMKlTNxmMsiAZU5ZZHQi0Cn2DmDU4JGYrNvCMSr...

**[Ethics]** What is Ethics - Ethics are moral principles that [govern](https://www.google.com/search?sca_esv=80a4d258620f7496&rlz=1CDGOYI_enCA916CA916&hl=en-US&sxsrf=ADLYWIJlwwW5BPy5x4KesD7Rl41HQwD8Mg:1719446511327&q=govern&si=ACC90nwdkA2npcVVmNPViiSe8FMKlTNxmMsiAZU5ZZHQi0Cn2DmDU4JGYrNvCMSr17p4d29eaIiSNDuGuHjLKiu4XkSEsmSwhg%3D%3D&expnd=1&sa=X&ved=2ahUKEwi7gZK0vfqGAxWZq4kEHSC6CpcQyecJegQIDhAO) a person\'s behaviour or the conduct of an activity. Personal and Organizational Values - Personal Values - Core group of values (ex. Friends,Family, Religion) - - Positive to someone\'s life - Organizational Values- Relationship with a organization its Mission,Vision and Values - - Vision being the Organization\'s goal Ethical Decision making - Bell: Alarm Bells - Book: Course of Action, Violating laws - Candle: How this action will be viewed in light of Day Making a Decision  **[A]**lternatives **[C]**onsequences  **[T]**ell your story 6 Pillars of Character - Trustworthiness - Respect - Responsibilities - Justice/Fairness  - Carring  - Civic Virtue/ Citizenship **[Intro to Canadian]** [Constitution Act ] - Sets out the rules and principles that governs our country defines powers and limitations our Government has [Charter Rights and Freedoms]  - Limits that are set out by court - Charter and its Limits - - - - - - **Guarantee of Rights and Freedoms** **Section 1-** Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. **Fundamental Freedoms ** **Section 2-** Everyone has the following fundamental freedoms: - a\) freedom of conscience and religion; - b\) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; - c\) freedom of peaceful assembly; and - d\) freedom of association. **Democratic Rights of Citizens** **Section 3 -** Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein. **Section 4 - Maximum duration of legislative bodies** **4. (1)** No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the [writs](https://www.canada.ca/en/canadian-heritage/services/human-rights-glossary.html#writ) at a general election of its members. **Continuation in special circumstances** - **(2)** In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be. **Section 5 - Annual sitting of legislative bodies** **5.** There shall be a sitting of Parliament and of each legislature at least once every twelve months. **Section 6 - Mobility rights** **6. (1)** Every citizen of Canada has the right to enter, remain in and leave Canada. **Rights to move and gain livelihood** - **(2)** Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right: - - - **Limitation** - **(3)** The rights specified in subsection (2) are subject to: - - - **Affirmative Action Program** - \(4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada. **Section 7 - Life, liberty, and security of person** **7**. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. **Section 8 - Search or seizure** **8.** Everyone has the right to be secure against unreasonable search or seizure. **Section 9 - Detention or imprisonment** **9.** Everyone has the right not to be arbitrarily detained or imprisoned. **Section 10 - Arrest or detention** **10.** Everyone has the right on arrest or detention: - **a)** to be informed promptly of the reasons therefor; - **b)** to retain and instruct counsel without delay and to be informed of that right; and - **c)** to have the validity of the detention determined by way of **[[habeas corpus]](https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art10c.html)** and to be released if the detention is not lawful. **Section 11 - Proceedings in criminal and penal matters** **11.** Any person charged with an offence has the right: - **a)** to be informed without unreasonable delay of the specific offence; - **b)** to be tried within a reasonable time; - **c)**not to be compelled to be a witness in proceedings against that person in respect of the offence; - **d)** to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal; - **e)** not to be denied reasonable bail without just cause; - **f)** except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment; - **g)** not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations; - **h)** if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and - **i)** if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment. - - **Section 12 - Treatment or punishment** - **12**. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. **Section 13 - Self-incrimination** **13.** A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence. **Section 14 - Interpreter** **14**. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter. ** Section 15-Equality rights** Equality before and under law and equal protection and benefit of law **15. (1)** Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. **Affirmative action programs** - **(2) Subsection (1)** does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. **[Search and Seizure] ** - **Section 8** of the Charter reference above [Definitions] - **Search**- for **section 8** purposes as any state activity that interferes with a reasonable expectation of privacy. This can include looking for things that are tangible or intangible, such as spoken words and electronic data - **Seizure**-for **section 8** purposes is the "taking of a thing from a person by a public authority without that person's consent" [Difference between Detention and Arrest] - **Detention-** Significant physical or psychological restraint - **Arrest-** Taking physical control or custody of a person with the intent to detain him or her. - - Reasonable suspicion detention  - Reasonable belief Arrest [Rights To Counsel] - When do you give them? - - Right Away - On exception is safety for the officer and person in cuffs [Search Classifications] - Pat Down - - Literally a pat down, so on the outside of the persons clothing from top to bottom (Looking for a weapon) - Does not include bags or pockets inside - Frisk Search - - A thorough search of a person by means of hands and/or metal detecting wand, inside a bag or pockets - Checking areas such as belt line, rolled up cuffs or pants that could conceal contraband - Check Prisoners Hair- have prisoners check/run through there hair  - Strip Search - - Must be approved from above [Powers to Use of Force for Arrests] **Protection of Persons Acting Under Authority** - **25** **(1)** Every one who is required or authorised by law to do anything in the administration or enforcement of the law - - **(a)** as a private person, - **(b)** as a peace officer or public officer, - **(c)** in aid of a peace officer or public officer, or - **(d)** by virtue of his office, - 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. - - **Idem** **(2)** Where a person is required or authorized by law to execute a process or to carry out a sentence, that person or any person who assists him is, if that person acts in good faith, justified in executing the process or in carrying out the sentence notwithstanding that the process or sentence is defective or that it was issued or imposed without jurisdiction or in excess of jurisdiction. **When not protected** **(3)** Subject to subsections (4) and (5), a person is not justified for the purposes of subsection (1) in using force that is intended or is likely to cause death or grievous bodily harm unless the person believes on reasonable grounds that it is necessary for the self-preservation of the person or the preservation of any one under that person's protection from death or grievous bodily harm. - **When protected** - - - - - - - **Power in case of escape from penitentiary** - **(5)** A peace officer is justified in using force that is intended or is likely to cause death or grievous bodily harm against an inmate who is escaping from a penitentiary within the meaning of subsection 2(1) of the Corrections and Conditional Release Act, if - - **(a)** the peace officer believes on reasonable grounds that any of the inmates of the penitentiary poses a threat of death or grievous bodily harm to the peace officer or any other person; and - **(b)** the escape cannot be prevented by reasonable means in a less violent manner. **Excessive force** **26** Every one who is authorised 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. **[Use of Force]** - [Ontario Public-Police Interactions Training Aid ] - - Officer & Strategic Considerations  - Verbal & Non-Verbal Communication  - Non-force Options - Physical Control Options  - Intermediate Weapon Options  - Lethal Force [All Decisions for Arrest come from these:] **[N]**ecessary **[R]**easonable/Risk Effective **[A]**cceptance [Steps to Arrest:] 1. Identify yourself 2. Tell the person they are under arrest 3. Tell them why ie. (I'm arresting you for assault) 4. Take physical control  5. Advise of the rights to Counsel and ask "do you understand" The right to know why you are being arrested and the right to counsel - Reference **Section 10** of Canadian Charter above [[ **(Scroll Up)**]](https://docs.google.com/document#heading=h.khi2lgzd6ito) **Levels of Release:** **[P]**ublic Interest **[R]**epetition/Continuance  **[I]**dentity **[C]**ourt **[E]**vidence **4 P's:** - **P**rotection of Public Interest  - **P**rotection of Accused  - **P**rotection of Property - **P**revent breach of peace [Criminal Offences ] - Definitions  - - **Reasonable Grounds-** A set of facts or circumstances which would satisfy an ordinary, cautious and prudent person that there is reason to believe and goes beyond mere suspicion - **Criminal Offence-** A breach of any Federal Statute - **Find Committing-** Seeing a person actually commit the offence and arresting at that time OR seeing the person commit the offence and pursuing immediately  and continuously until arrest. - [[Arrest(Scroll Up)]](https://docs.google.com/document#heading=h.sih9wygaf3ye) - **Driver-** Means a person who drives a vehicle on a Highway - **Motor Vehicle-**Includes an automobile, a  motorcycle, a motor assisted bicycle unless otherwise than by muscular power, but does not include a street car or other motor vehicles running only upon rails, a power assisted bicycle, a motorised snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or road-building  machine - **Vehicle -** Includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or street car.** ** - **Highway -** Includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for use by the general public for the passage of vehicles and includes the area between the lateral property lines.  - **Roadway** - Means the part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder. - **May-** Discretionary  - **Shall-** Must - **And**-Both () - **Or**- Either - **Dwelling House**- [means](https://www.criminal-code.ca/criminal-code-of-canada-section-287-3-definition-of-means/index.html) the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes  - +-----------------------+-----------------------+-----------------------+ | Assault | Trespass by night | Public Indecent | +=======================+=======================+=======================+ | Assault with Weapon  | Cause Disturbance | Mischief Over and | | | | Under \$5000 | +-----------------------+-----------------------+-----------------------+ | Assault by threat  | Threatening | Theft of a Motor | | | | Vehicle | +-----------------------+-----------------------+-----------------------+ | Assault Bodily Harm | Criminal Harassment | Taking of Motor | | | | Vehicle without | | | | owner\'s consent | | | | (summary, must find | | | | committing) | +-----------------------+-----------------------+-----------------------+ | Assault Aggravated | Theft Over and Under | Robbery (Theft with | | | \$5000 | the threat of | | | | violence) | +-----------------------+-----------------------+-----------------------+ | Assault Peace officer | Fraud(Is theft with | | | | trickery) | | +-----------------------+-----------------------+-----------------------+ | Assault with intent | Theft of a Motor | Break and Enter (Need | | to resist  | Vehicle without | to pass the threshold | | | owner\'s consent | to be considered BnE. | | | (Dual/Hybrid Offence) | Without the Intent to | | | | commit it is | | | | Trespass) | +-----------------------+-----------------------+-----------------------+ | Obstruct Police | Possession of | Possession of  a | | Officer (Witness | Property through | Break and Enter | | lying or giving false | crime | Instrument | | info) | | | +-----------------------+-----------------------+-----------------------+ | Public Mischief (With | Possession of a | Impaired Driving | | intent to Mislead) | weapon for Dangerous | (Cant have 80 mg- 100 | | | purpose(think of a | mg) | | -Offence has been | baseball bat, for | | | Committed | baseball it\'s legal | | | | for personal | | | -Sending officers to | protection its | | | a false call | illegal) | | +-----------------------+-----------------------+-----------------------+ | Breach of Peace | | | +-----------------------+-----------------------+-----------------------+ [3 Classes of Criminal Offences] - - - [Crown] - What is a Crown? - - A Crown Prosecutor, or Crown Counsel as they are sometimes known, is a lawyer appointed by the Attorney General to represent the Crown, or in simpler terms, the state. Tasked with prosecuting criminal offences under Canada\'s Criminal Code, they play a vital role in upholding the law and maintaining public safety. [Communication Theory] Active listening skills: M - minimal encouragers O - open ended questions (TED) R - reflecting (repeat last few words) E - emotional labelling P - paraphrasing  I - I Statements E - Effective Pauses S - summary  Convey messages through: Language - words Paralanguage - tone, volume, cadence  Kinesics - body language  Active listening - MOREPIES Understand verbal and nonverbal cues. [Conflict Management ] Conflict behaviour - is a person\'s decision to defend what they believe in. Styles of Conflict Management: - Avoidance  - Accommodation - Compromising - Competition - Collaboration   [Breath Demand] - Needs Grounds (Smells, Watery eyes,cant walk or move straight) - - Refusals to the breath demand holds same weight as if they failed/are guilty - 80mg/100ml of blood [Dangerous Driving] - 3 Types - - Dangerous Driving/Operation to self - Dangerous Driving/Operation bodily harm - Dangerous Driving/Operation Cause Death [Careless Driving] - driving negligently that goes beyond listening to the rules of the road **[Forms-Criminal]** Criminal Forms - Form 6- Summons - - Used if there was a mistake on your form 10 - Comes with a summary conviction charge - - Taxi fraud  - Dine and Dash  - - These offence are all finds committing - Form 9- Appearance Notice (Roadside, Less Serious) - - Court Date - Finger print date - Lesser crimes  - Form 10- Undertaking: Promise to Appear (Conditions, Roadside, Police Station) - - Heavier Charges  - Mirrors information of form 9 but has conditions - Form 11- Strictly conditions. (Ex. Arrest for a domestic if they are released they got a form 11) **[Sexual Behaviour ]** **[     ]** - 14-15 can consent to sexual activity if the other person is 5 years older or less  - A person who is 12-13 years old can consent to a sexual activity if the person is 2 years older or less  - - For Both points one person can not be in a position of power or influence on that person - A young person is 16 years old or under 18 years old. - - **Sexual Exploitation:**  - - **Section 153 (1)** of the Code makes it an offence for a person in a position of trust or authority of a young person 16 years old or older, but less than 18 to touch them, directly or indirectly, or to invite them to touch someone else - **Sexual Interference:** - - **Section 151** Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years - - - - - - - - - **[POA/ Provincial Offences]** **Forms for POA** - Pt 1  - - Ticket - - Where would you use this? (Ex. On a POA, HTA, TPA, LLCA) - Pt 3 Summons - - Higher spectrum of seriousness, for the offences (Driving with no Insurance) - **FOR BOTH YOU NEED THE PERSON SIGN THE TICKET** **Trespass Property Act** - Method of giving notice - - Signage - Verbally - Proof of Offence  - - Arrest Authorities - - **Liquor Licence Control Act** - Common Offences - - Driving with access to alcohol  - Drinking in public  - Distribution/ to minors - Drinking on a Boat - Drunk on a boat  - Arrest Authority  - - Safety for themselves(like when they are too intoxicated) - Search and Seizure - - Yes you can search them and their vehicle if you see open alcohol/ in the vehicle - - Same goes for 16 year olds **Cannabis Act**  Types of Cannabis: - Dried - Fresh - Liquid - Solid - Seeds  - Oil To be charged with possession must have knowledge and consent of the item. Can legally possess: - 30g dried cannabis  - 150g fresh cannabis  - 2100mg of liquid - 7.5g shatter - 30 plant seeds  - 150g of medical cannabis  - 2 budding plants  - 4 non budding plants section 12(1) for the purpose of production  12 (1) Unless authorized under this Act, it is prohibited \(a) to obtain or offer to obtain cannabis by any method or process, including by manufacturing, by synthesis or by using any means of altering the chemical or physical properties of cannabis; or \(b) to alter or offer to alter the chemical or physical properties of cannabis by the use of an organic solvent Section 12(9) \(9) Subject to section 51, every individual who is 18 years of age or older who contravenes any of subsections (1), (4), (5) and (6) or any organization that contravenes subsection (1) or (7) \(a) is guilty of an indictable offence and is liable to a term of imprisonment of not more than 14 years; or \(b) is guilty of an offence punishable on summary conviction and is liable \(i) in the case of an individual, to a fine of not more than \$5,000 or imprisonment for a term of not more than six months, or to both, or \(ii) in the case of an organization, to a fine of not more than \$100,000 Section 52(2) Can\'t find  **Cannabis Control Act** - Common Offences - - Cant sell without licence - Cant sell to Minors  - - **10** (1) No person under 19 years of age shall possess, consume, attempt to purchase, purchase or distribute cannabis. - Need ID for anyone who looks under 25. - - 2\) No person shall sell cannabis or, if cannabis is not provided to the purchaser at the time of sale, no person shall distribute purchased cannabis, to a person who appears to be under 25 years of age unless the person selling or distributing the cannabis, as the case may be, has required the person receiving it to provide a prescribed form of identification showing his or her age, and is satisfied that the person is at least 19 years old. - Seizure - - **16** (1) A police officer may seize any thing, including cannabis, if the police officer has reasonable grounds to believe that, - - (a)  the thing will afford evidence of an offence under this Act; - (b)  the thing was used or is being used in connection with the commission of an offence under this Act, and unless the thing is seized it is likely that it would continue to be used or would be used again in the commission of an offence under this Act; or - (c)  the thing is proceeds of an offence under this Act. **Smoke Free Ontario** - Common Offences  - - Smoking in Public  - Smoking in a vehicle with someone under 16 **Firearms Awareness ** - Assume the firearm is always loaded  - Always keep the muzzle from the firearm away from people  - Always keep the fingers away from the trigger when handling a firearm  - Prove the firearm is safe - P - Point the pistol in a safe direction - R - Remove the source of ammunition (magazine) - O - Open the action by racking the slide and then locking it open - V - Verify the feed path is clear by visually and physically inspecting  - E - Ensure the barrel is free of obstructions - Types of Firearm - - Automatic  - Semi-Automatic  - Restricted and Non-Restricted - Prohibited and Non-Prohibited - Rifling: this is the screw/thread that curves in the barrel of the firearm  - Gauge: Size of the shot in the shell- the higher the gauge of the shell the more more comes out and vice versa for lower.   **Highway Traffic Act** Definitions: - **Driver-** Means a person who drives a vehicle on a Highway - **Motor Vehicle-**Includes an automobile, a  motorcycle, a motor assisted bicycle unless otherwise than by muscular power, but does not include a street car or other motor vehicles running only upon rails, a power assisted bicycle, a motorised snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or road-building  machine - **Vehicle -** Includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or street car.  - **Highway** - Includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for use by the general public for the passage of vehicles and includes the area between the lateral property lines.  - **Roadway -** Means the part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder. Spl.Cst can not enforce the HTA unless it is part of your appointment. Arrest Authorities - Drivers must have a Valid DL at all times and produce one when a police officer asks or else they can be arrested till their ID is verified.  - - This especially applies if you get pulled over for an offence  - Spl.Cst can remove vehicles  - - Tow Truck Authorities  - Duty to report an accident  - Police Officers have the power to pull over anybody driving **Compulsory and Insurance Act** Common Offences: - Every driver needs to carry on them a valid insurance card  - Upon request you must produce a Insurance card for any police officer  **Off-Road Vehicle Act** Common Offences - Insurance  - Plated Danger Zone around  vehicle - Spacing around vehicles  - Walking up to a stopped vehicle  **IC100 - ICM100** +-----------------------+-----------------------+-----------------------+ | [All Decisions for | **[I]**SO | **[I]**SO | | Arrest come from | LATE | LATE | | these:] | | | | | **[C]**ON | **[C]**ON | | **[N]**ec | TAIN | TAIN | | essary | | | | | **[E]**VA | **[L]**ON | | **[R]**ea | LUATE | G | | sonable/Risk | | GUNS | | Effective | **[N]**EG | | | | OTIATE | **[E]**VA | | **[A]**cc | | CUTE | | eptance | | | | | | **[A]**UT | | | | HORITIES | | | | FOR ARREST | | | | | | | | **[R]**EA | | | | CTIVE | | | | PLAN | +-----------------------+-----------------------+-----------------------+ **[Controlled Drugs and Substance Act]** Schedules 1-4 - [[SCHEDULE I]](https://laws.justice.gc.ca/eng/acts/c-38.8/page-9.html) (e.g: cocaine, heroin,opium, methamphetamines) - [[SCHEDULE II]](https://laws.justice.gc.ca/eng/acts/c-38.8/page-10.html#docCont)  (e.g: synthetic cannabinoids) - [[SCHEDULE III]](https://laws.justice.gc.ca/eng/acts/c-38.8/page-11.html#docCont) (e.g, Hallucinogens)  - [[SCHEDULE IV]](https://laws.justice.gc.ca/eng/acts/c-38.8/page-12.html#docCont) (e.g barbiturates, steroids)     Schedules 1-3 are illegal to have in your possession  No offence for personal possession for schedule IV Facts and Issues for trafficking Charge - - - - Types of possession  - - Personal possession  - Joint Possession (e.g. finding cocaine on a table at a house party) - Plane view Doctrine - - Anything in plane view can be seized and used to charge a person  - - Think about walking into a person\'s place and seeing cocaine on the night dresser **[Cannabis Act]** - Class, Types of Cannabis  - -  fresh marihuana, dried marihuana and cannabis oil - [[Common Offences]](https://laws-lois.justice.gc.ca/eng/acts/C-24.5/page-4.html#h-77311) **(Click Link)** **44** Subject to section 51, every person that contravenes a provision of this Act for which no punishment is otherwise provided by this Act, or that contravenes a provision of a regulation, an order made under any of sections 73 to 76, an order amended under section 79 or an order made under section 82, - **(a)** is guilty of an indictable **offence** and is liable to a fine of not more than \$5,000,000 or imprisonment for a term of not more than three years, or to both; or - **(b)** is guilty of an **offence** punishable on summary conviction and is liable, for a first **offence**, to a fine of not more than \$250,000 or imprisonment for a term of not more than six months, or to both, and, for any subsequent **offence**, to a fine of not more than \$500,000 or imprisonment for a term of not more than 18 months, or to both. - - Possession   - - **8** **(1)** Unless authorized under this Act, it is prohibited - - **(a)** for an individual who is 18 years of age or older to possess, in a public place, cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to more than 30 g of dried cannabis; - **(b)** for an individual who is 18 years of age or older to possess any cannabis that they know is illicit cannabis; - **(c)** for a young person to possess cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to more than 5 g of dried cannabis; - **(d)** for an individual to possess, in a public place, one or more cannabis plants that are budding or flowering; - **(e)** for an individual to possess more than four cannabis plants that are not budding or flowering; or - **(f)** for an organization to possess cannabis. **[Communication Theory]** [Active Listening Skills:] - Active listening requires you to listen attentively to a speaker, understand what they\'re saying, respond and reflect on what\'s being said, and retain the information for later. This keeps both listener and speaker actively engaged in the conversation. - Conveying Messages through - - Body - Para - Words 55% non verbal (body language) 38% tone of voice 7% actual words - Verbal and Non-Verbal accused **[M]**inimal Encouragers-Nodding   **[O]**pen ended questions  **[R]**eflecting **[E]**motional **[P]**araphrasing **["I]**" Statements **[E]**ffective pauses **[S]**ummary **[Conflict Management]** - Person\'s right to defend what they believe is at stake - 5 Styles  - - Avoidness  - Accommodation  - Compromise  - Competition - Collaboration **[Mental Condition/MHA]** - Describe a range of mental Disorders - - Mental Disorders  - - Psychosis - Schizophrenia - Depression - Voluntary and Involuntary  - Officers S.17 MHA Arrest Authorities  - - Persons acting in a disorderly manner  - Danger to themselves or others  - Can not care for themselves  - Special Constable take to facility  - Apprehension Vs Arrest  - S.33 of MHA Duty to Remain - - - - - - - - - - - - - [Self care] - Mental health and first responder  - - Primary trauma- work related, in the frontline "HAPPENS TO YOU" - Secondary Trauma- Indirect trauma exposed to you, stories or described not there. Retelling a primary trauma - Resolution - - Active and avoidance coping strategies - Stress and types of stress  **[Note Taking- Memo Book]** - Contemporaneous notes- Are notes to take after event - Live Notes- taken at the time...so live  - Importance of note taking and evidence - - Risk around collaborating notes with others notes - Impact of tech **[W]**hat **[I]**mportant **[N]**ow - Scenes can and are fluid which means officers must assess **WIN** - - Safety  - Assistance - Preserve life and scene - Arrest on scene  - Isolate Witness  - Notify Communication  - Request supervisor - Safety and life first over evidence **[C]**ontrol **[O]**bserve  **[R]**ecord **[E]**valuate **[Will State]** - First person\'s account of the officers involvement from start to finish  - - Like your notes but is just a narrative of what you did [Report Writing] [Statements] - Types of questions Suggested - - Open and Closed questions  - Or direct questions  - Multiple/fixed **Locard\'s Principle**- Every contact leaves a trace **Types of Death Scenes Investigations- ** - Suicide - Sudden death  - Homicide  - Accidental - Workplace Building Searches  - Slicing the Pie (Ask Jakub) Testimony - Must have - - Reputation - Credibility  - Integrity - Reliability [7 Sins of testifying ] - Emotions - Scripting  - Unintended Admissions  - Pride - Manipulation - Cemetery  - Omission [Courtroom Produces] - Spl.Cst Role - - Laying a Charge  - Subtechion with evidence that hes been ID, Collected and preserve [We have two levels of court in Ontario that conduct criminal trials.] - Ontario Court of Justice (95% of cases stay at this level) - Supreme Court of Justice (more serious charges - accused has the option of a jury) [Different Canadian Courts] - Ontario Superior Court:Serious criminal cases, by judge alone or judge and Jury - Ontario Court of Appeal:  3-5 judges who listen to appeals civil and criminal - Supreme Court: Hears appeals from court of appeals this level can affect law across canada Civil vs Criminal Court [Court Process ] - Starts with an offence that has committed on Reasonable Grounds and an information on oath was brought before a justice - - The information: Form that starts the Court Process, includes the facts and issues for the charge. - Preliminary Inquiry - Hearing to see if there is evidence to bring the charge to trial - Prima Facia - Evidence that supports the charge or see if the evidence can or cant be used - Burden of Proof- its on the crown to prove the accused is guilt beyond a reasonable doubt - Judicial Process- is everything above  [Giving Testimony]  - Examination In Chief  - Cross examination - Re-examination [Evidence] - - Testimony Considerations: - **Competency**- For witness,age and mental competency - - - **Compellability**- Forced to attend court and must stay till told to leave, enforced by subpoena, Warrants.  - **Documentary Evidence**- Written Documents or a document is the written evidence of one or more people. Ex. Breathalyser is documentary evidence, Business paper work - **Real Evidence** - Object or thing that can be ID and shown for the case (ex. A knife or gun) [Exclusionary Rules] - 4 rules for Relevant evidence - - Charter Breach - Opinion Exclusionary rule - General knowledge (ex. Speed of vehicle or DUI) - Bad character Exclusionary rule - Accused says something like they would never commit a crime but they already have a record.  - Hear-say Exclusionary rule - Gossip - S.8 Search and Seizure Authorities - - Reasonable Expectation of privacy  - Determined based on the total amount  of the evidence [Colins Test] - Reasonableness on a search  - Search must be authorised by law - Law must be reasonable  - The manner of the search must be reasonable [Peace Officer Search] - Means to a search: - - Evidence  - Means of escape - Officer Safety/Weapons - Search Consent to arrest  - May search in arms reach (Ex. think of where they can reach to hide or grab something in a car/house/anywhere)  - [Exigent Circumstances] - - Entering a house without warrant  - - Ex: - - In pursuit - If some Calls 911 (someone calls 911 by mistake)  **Break and Enter** - do not need to break anything just requires you to pass through threshold with intent to commit a criminal offence. **Possession of a Break in instrument** - having a tool that can be used to break into a premise. **Property obtained by crime** - person holding items from a crime. **Obstruct police officer** - anyone who stops a PO in line of duties or, knowingly giving false information in an interview. **Public Mischief** - with intent to Mislead causes a PO to enter on or continue by giving false statements to report on someone else to divert attention away from self (SWATTING) **Possession of a weapon for Dangerous purpose** - offence to carry imitation gun, ammo, etc for the purpose of committing an offence  **Impaired Driving** - operates in conveyance a vehicle while Impaired to any degree. **Dangerous Driving** - operated in conveyance is driving dangerously and could be a danger to public. 3 types: - Dangerous Driving - Dangerous Driving causing bodily harm  - Dangerous Driving causing death **Careless Driving** - driving negligently that goes beyond listening to the rules of the road [Types of questions:] - [Open ] - [Closed ] - [Probing] - [Fixed] - [Loaded] - [Negative ] - [Direct ] **[Special Constable Study Sheet.]** **[ADD ANYTHING MISSING]** **[ACT / STATUE ]** **[WHOS WORKING ON IT]** **[PAGE]** -------------------------------------------------------------------- -------------------------------------- ------------------------ Criminal Code(Basic/What we need to know) Charter of Rights and Freedoms Trespass to Property Act Kolodziejek Highway Traffic Act Liquor to Licence Act  Mental Health Act Cannabis(Anything to do with Cannabis) Controlled Drugs and Substances Act Compulsory Automobile Insurance Act OPCVA (IC100,IMS100, ANY OPC COURSE NOT COVERED ABOVE) Off-Road Vehicles Act Youth Criminal Justice Act Smoke Free Ontario Use of Force Legislation Release Authorities 10 Codes  Jay Definitions(Any Key Words From Any Act.)Don\'t get to put a Source Jay **[Things to keep in mind!!!(Add if something is missed)]** - Arrest authorities for each Act - Search and Seizure authorities for each Act - Put as much information as you want but **Highlight key/import information.** **[Criminal Code]** Marginal note: Arrest by owner, etc., of property Marginal note: Delivery to peace officer **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 - - **(a)** as a private person, - **(b)** as a peace officer or public officer, - **(c)** in aid of a peace officer or public officer, or - **(d)** by virtue of his office, - 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. - - **Idem** - **(2)** Where a person is required or authorized by law to execute a process or to carry out a sentence, that person or any person who assists him is, if that person acts in good faith, justified in executing the process or in carrying out the sentence notwithstanding that the process or sentence is defective or that it was issued or imposed without jurisdiction or in excess of jurisdiction. - **When not protected** **(3)** Subject to subsections (4) and (5), a person is not justified for the purposes of subsection (1) in using force that is intended or is likely to cause death or grievous bodily harm unless the person believes on reasonable grounds that it is necessary for the self-preservation of the person or the preservation of any one under that person's protection from death or grievous bodily harm. - - - **When protected** - - - - - - **Power in case of escape from penitentiary** **(5)** A peace officer is justified in using force that is intended or is likely to cause death or grievous bodily harm against an inmate who is escaping from a penitentiary within the meaning of subsection 2(1) of the Corrections and Conditional Release Act, if - - **Release from custody --- arrest without warrant** - **498** **(1)** Subject to subsection (1.1), if a person has been arrested without warrant for an offence, other than one listed in section 469, and has not been taken before a justice or released from custody under any other provision of this Part, a peace officer shall, as soon as practicable, release the person, if - - **(a)** the peace officer intends to compel the person's appearance by way of summons; - **(b)** the peace officer issues an appearance notice to the person; or - **(c)** the person gives an undertaking to the peace officer. ** Reasonable Grounds** A set of facts or circumstances which would satisfy an ordinary, cautious and prudent person that there is reason to believe and goes beyond mere suspicion. ** Criminal Offence** A breach of any Federal Statute. ** Find Committing** Seeing a person actually commit the offence and arresting at that time OR seeing the person commit the offence and pursuing immediately and continuously until arrest. ** Arrest** Taking physical control or custody of a person with the intent to detain him or her. ·         **Driver** means a person who drives a vehicle on a highway. ** ** ** Highway** Includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. ** Motor Vehicle** Includes an automobile, a motorcycle, a motor assisted bicycle unless otherwise indicated in this Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other motor vehicles running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or road-building machine.   ·         **Roadway** means the part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and, where a highway includes two or more separate roadways, the term \"roadway\" refers to any one roadway separately and not to all of the roadways collectively. ** Vehicle** Includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or a street car. **[PVO Training]** Cooperative driving: A - plan **A**head B - **B**e seen C - **C**reate escapes  Eye lead: 15 - 20 seconds  Following distance: 2 - 3 seconds  Mirrors: 5 - 8 seconds  Scanning: 1 - 2 seconds **[Rank and 10 Codes]** +-----------------------+-----------------------+-----------------------+ | ** ** | ** ** | ** ** | | | | | | **PHONETIC** | **COMMUNICATION'S** | **COMMUNICATION'S** | | | | | | **ALPHABET** | **10 CODES** | **10 CODES** | | | | | |   |   | ** ** | | | | | | ** ** | ** ** |   | | | | | | ** ** | ** ** |   | | | | | | **A**\...\...\...\... | **10-1** Receiving | **10-33** Emergency | | \...\... | Poorly | -- Officer in Trouble | | Alfa | | | | |   | ** ** | |   | | | | | **10-2** Receiving | **10-35** Major Crime | | **B**\...\...\...\... | Well | Alert | | \...\... | | | | Bravo | ** ** | ** ** | | | | | |   | **10-3** Stop | **10-36** Correct | | | Transmitting | Time | | **C**\...\...\...\... | | | | \...\... | ** ** | ** ** | | Charlie | | | | | **10-4** | **10-38** | |   | Acknowledgement | Investigation Alert | | | | | | **D**\...\...\...\... | ** ** | ** ** | | \...\... | | | | Delta | **10-5** Relay | **10-45** Death or | | | | Fatality | |   | ** ** | | | | | ** ** | | **E**\...\...\...\... | **10-6** Busy -- | | | \...\.... | Standby Unless Urgent | **10-47** Crime In | | Echo | | Progress | | | ** ** | | |   | | ** ** | | | **10-7** Out of | | | **F**\...\...\...\... | service | **10-50** Accident | | \...\.... | | (F, PI, PD) | | Foxtrot | **10-8** In service | | | | | ** ** | |   | ** ** | | | | | **10-51** Tow Truck | | **G**\...\...\...\... | **10-9** Repeat | Needed | | \...\... | | | | Golf | ** ** | ** ** | | | | | |   | **10-10** Request To | **10-52** Ambulance | | | Go On | Needed | | **H**\...\...\...\... | | | | \...\... | Provincial Common | ** ** | | Hotel | | | | | ** ** | **10-59** Attend \... | |   | | Range | | | **10-12** Are You | | | **I**\...\...\...\... | Alone | ** ** | | \...\.... | | | | India | ** ** | **10-60** Subject Is | | | | Negative | |   | **10-13** Road | | | | Conditions | ** ** | | **J**\...\...\...\... | | | | \...\.... | ** ** | **10-61** Subject Has | | Juliette | | Record/Not Wanted | | | **10-14** Escorts | | |   | | ** ** | | | ** ** | | | **K**\...\...\...\... | | **10-62** Subject | | \...\... | **10-16** Pick Up | Possibly Wanted | | Kilo | Prisoner At \... | | | | | ** ** | |   | ** ** | | | | | **10-63** Subject | | **L**\...\...\...\... | **10-18** Complete | Positive Hit | | \...\.... | Assignment Quickly | | | Lima | | ** ** | | | ** ** | | |   | | **10-64** Proceed | | | **10-19** Return To | With Caution | | **M**\...\...\...\... | Your Station | | | \..... | | ** ** | | Mike | ** ** | | | | | **10-65** Assist -- | |   | **10-20** What Is | re: a 10 --64 | | | Your Location | individual | | **N**\...\...\...\... | | | | \...\... | ** ** | ** ** | | November | | | | | **10-21** Call \... | **10-66** Subject In | |   | By Telephone | Observation Category | | | | | | **O**\...\...\...\... | ** ** | ** ** | | \...\... | | | | Oscar | ** ** | **10-67** Subject In | | | | Parolee Category | |   | **10-26** Detaining | | | | Subject, Expedite | ** ** | | **P**\...\...\...\... | | | | \...\... | ** ** | ** ** | | Papa | | | | | **10-28** Vehicle | **10-68** Subject In | |   | Registration | Charged Category | | | Information | | | **Q**\...\...\...\... | | ** ** | | \...\... | ** ** | | | Quebec | | **10-70** Message For | | | **10-29** Check | All Units | |   | Records For Wanted | | | | |   | | **R**\...\...\...\... | ** ** | | | \...\... | | **10-77** CFROQ- | | Romeo | **10-30** Improper | Firearms R/O | | | Use Of Radio | | |   | | ** ** | | | ** ** | | | **S**\...\...\...\... | | **10-78** Need | | \...\.... | **10-32** Request | Assistance | | Sierra | Breathalyzer Operator | | | | | ** ** | |   | | | | | | **10-90** Alarm | | **T**\...\...\...\... | | | | \...\.... | | ** ** | | Tango | | | | | | **10-92** Person In | |   | | Custody | | | | | | **U**\...\...\...\... | | ** ** | | \...\... | | | | Uniform | | **10-93** Blockage, | | | | Set--Up Roadblock | |   | | | | | | ** ** | | ** ** | | | | | | **10-100** Bomb | | **V** Victor | | threat | | | | | |   | | | | | | | | **W**\...\...\...\... | | | | \..... | | | | Whisky | | | | | | | |   | | | | | | | | **X**\...\...\...\... | | | | \...\... | | | | X --Ray | | | | | | | |   | | | | | | | | **Y**\...\...\...\... | | | | \...\... | | | | Yankee | | | | | | | |   | | | | | | | | **Z**\...\...\...\... | | | | \...\.... | | | | Zulu | | | +-----------------------+-----------------------+-----------------------+   +-----------------+-----------------+-----------------+-----------------+ | | **Chief of | | **Sir** | | | Police** | | | | | | | **or** | | | | | | | | | | **Ma'am** | +=================+=================+=================+=================+ | | **Deputy | | | | | Chief** | | | +-----------------+-----------------+-----------------+-----------------+ | | **Staff | | | | | Superintendent* | | | | | * | | | +-----------------+-----------------+-----------------+-----------------+ | | **Superintenden | | | | | t** | | | +-----------------+-----------------+-----------------+-----------------+ | | **Inspector** | | | +-----------------+-----------------+-----------------+-----------------+ | | **Staff | | **Staff** | | | Sergeant** | | | +-----------------+-----------------+-----------------+-----------------+ | | **Sergeant** | | **Sergeant** | +-----------------+-----------------+-----------------+-----------------+ | | **Senior | | **Constable** | | | Constable** | | | +-----------------+-----------------+-----------------+-----------------+ | | ** ** |   | | | | | | | | | **Constable** | No Insignia | | +-----------------+-----------------+-----------------+-----------------+ **[Common Criminal Code Offences]** **[Assaults - s. 266 C.C.]** **Everyone who commits an assault is guilty of ** 1. **An indictable offence and is liable to imprisonment for a term not exceeding 5 years; or** 1. **An offence punishable on summary conviction** **[Assaulting a Peace Officer - Sec. 270 C.C]** **Every one commits an offence who ** 1. **Assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer** 1. **Assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or** 1. **Assaults a person** **[Offences relating to public or peace officer (obstruct police) S. 129 C.C]** **Every one who;** 1. **Resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer** 1. **Omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or** 1. **Resists or willfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, is guilty of** 1. **An indictable offence and is liable to imprisonment for a term not exceeding two years, or** 1. **An offence punishable on summary conviction.** **[Breaking and Entering s.348 C.C]** **(1)Breaking and entering with intent, committing offence or breaking out --Everyone who** 1. **Breaks and enters a place with intent to commit an indictable offence therein,** 1. **Breaks and enters a place and commits an indictable offence therein, or** 1. **Breaks out of a place after** **Is guilty ** d. **If the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and** d. **If the offence is committed in relation to a place other than a dwelling-house, of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.** **[Causing disturbance, indecent exhibition, loitering, etc. s.175(1) C.C]** **Every one who** 1. **Not being in a dwelling-house, causes a disturbance in or near a public place,** b. **Openly exposes or exhibits an indecent exhibition in a public place, ** b. **Loiters in a public place and in any way obstructs persons who are in that place, or** b. **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,** **Is guilty of an offence punishable on summary conviction.** **[Theft S.322 (1) C.C]** **Everyone commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent** 1. **To deprive temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or his property or interest in it;** 1. **To pledge it or deposit it as security;** 1. **To part with it under a condition with respect to its return that the person who parts with it may be unable to preform; or** 1. **To deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.** **(2) Time when theft completed - A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.** **[Mischief]** - **430 (1)** Every one commits mischief who wilfully - - **(a)** destroys or damages property; - **(b)** renders property dangerous, useless, inoperative or ineffective; - **(c)** obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or - **(d)** obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property. - - **Punishment\ (2)** Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life. - - - **Punishment**\ **(3)** Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars - - **(a)** is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or - **(b)** is guilty of an offence punishable on summary conviction. - - **Idem**\ **(4)** Every one who commits mischief in relation to property, other than property described in subsection (3), - - **(a)** is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or - **(b)** is guilty of an offence punishable on summary conviction. - - **[Mischief relating to religious property, educational institutions, etc]** - - - - **[Definition of *property*]***\ ***(4.101)** For the purposes of subsection (4.1), *property* means - - **(a)** a building or structure, or part of a building or structure, that is primarily used for religious worship --- including a church, mosque, synagogue or temple ---, an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery; - **(b)** a building or structure, or part of a building or structure, that is primarily used by an *identifiable group* as defined in subsection 318(4) as an educational institution --- including a school, daycare centre, college or university ---, or an object associated with that institution located in or on the grounds of such a building or structure; - **(c)** a building or structure, or part of a building or structure, that is primarily used by an *identifiable group* as defined in subsection 318(4) for administrative, social, cultural or sports activities or events --- including a town hall, community centre, playground or arena ---, or an object associated with such an activity or event located in or on the grounds of such a building or structure; or - **(d)** a building or structure, or part of a building or structure, that is primarily used by an *identifiable group* as defined in subsection 318(4) as a residence for seniors or an object associated with that residence located in or on the grounds of such a building or structure. - - **[Mischief relating to war memorials]** - **(4.11)** Everyone who commits mischief in relation to property that is a building, structure or part thereof that primarily serves as a monument to honour persons who were killed or died as a consequence of a war, including a war memorial or cenotaph, or an object associated with honouring or remembering those persons that is located in or on the grounds of such a building or structure, or a cemetery is guilty of an indictable offence or an offence punishable on summary conviction and is liable, - - **(a)** whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely, - - **(i)** for a first offence, to a fine of not less than \$1,000, - **(ii)** for a second offence, to imprisonment for not less than 14 days, and - **(iii)** for each subsequent offence, to imprisonment for not less than 30 days; - **(b)** if the offence is prosecuted by indictment, to imprisonment for a term not exceeding 10 years; and - **(c)** if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day. - - **[Mischief in relation to cultural property]** - - - **(4.2)** Every one who commits mischief in relation to cultural property as defined in Article 1 of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on May 14, 1954, as set out in the schedule to the [[Cultural Property Export and Import Act]](https://laws-lois.justice.gc.ca/eng/acts/C-51), - - **(a)** is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or - **(b)** is guilty of an offence punishable on summary conviction. - - Mischief in relation to computer data - **(5)** Everyone who commits mischief in relation to computer data - - **(a)** is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or - **(b)** is guilty of an offence punishable on summary conviction. - - **Offence**\ **(5.1)** Everyone who wilfully does an act or wilfully omits to do an act that it is their duty to do, if that act or omission is likely to constitute mischief causing actual danger to life, or to constitute mischief in relation to property or computer data, - - **(a)** is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or - **(b)** is guilty of an offence punishable on summary conviction. - - **Saving**\ **(6)** No person commits mischief within the meaning of this section by reason only that - - **(a)** he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment; - **(b)** he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or - **(c)** he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees. - - **Idem**\ **(7)** No person commits mischief within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information. - Marginal note: - Definition of *computer data\ ***(8)** In this section, *computer data* has the same meaning as in subsection 342.1(2). **** **[Trespass to Property Act]** **[Definitions]** - **Occupier** - **Premises** **[Trespass an offense]** **2 (1)** Every person who is not acting under a right or authority conferred by law and who, **(a)** without the express permission of the occupier, the proof of which rests on the defendant, **(i)** enters on premises when entry is prohibited under this Act, or **(ii)** engages in an activity on premises when the activity is prohibited under this Act; or is guilty of an offence and on conviction is liable to a fine of not more than \$10,000.   **Colour of Right as a Defence** **(2)** It is a defence to a charge under subsection (1) in respect of premises that is land that the person charged reasonably believed that he or she had title to or an interest in the land that entitled him or her to do the act complained**.(Example: Walking on a trail and you get lost and end up on someone\'s property, you didn\'t intentionally do it, honest mistake defence).** **Prohibition of entry** **3 (1)** Entry on premises may be prohibited by notice to that effect and entry is prohibited without any notice on premises, **Implied Permission to Use Approach to Door** **(2)** There is a presumption that access for lawful purposes to the door of a building on premises by a means apparently provided and used for the purpose of access is not prohibited.   **Limited Permission** **4 (1)** Where notice is given that one or more particular activities are permitted, all other activities and entry for the purpose are prohibited and any additional notice that entry is prohibited or a particular activity is prohibited on the same premises shall be construed to be for greater certainty only.   **Limited Prohibition** **(2)** Where entry on premises is not prohibited under **section 3** or by notice that one or more particular activities are permitted under subsection (1), and notice is given that a particular activity is prohibited, that activity and entry for the purpose is prohibited and all other activities and entry for the purpose are not prohibited.. **Method of giving notice** **5 (1)** A notice under this Act may be given, **Form of sign** **6 (1)** A sign naming an activity or showing a graphic representation of an activity is sufficient for the purpose of giving notice that the activity is permitted.   **Idem** **(2)** A sign naming an activity with an oblique line drawn through the name or showing a graphic representation of an activity with an oblique line drawn through the representation is sufficient for the purpose of giving notice that the activity is prohibited.  **Posting** **(4)** Markings under this section shall be so placed that a marking is **clearly visible in daylight under normal conditions** from the approach to each ordinary point of access to the premises to which it applies.   **Notice applicable to part of premises** **8** A notice or permission under this Act may be given in respect of any part of the premises of an occupier.   **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.   **Delivery to police officer** **(2)** Where the person who makes an arrest under subsection (1) is not a police officer, he or she shall promptly call for the assistance of a police officer and give the person arrested into the custody of the police officer.  **Deemed arrest** **(3)** A police officer to whom the custody of a person is given under subsection (2) shall be deemed to have arrested the person for the purposes of the provisions of the *Provincial Offences Act* applying to his or her release or continued detention and bail.   **Arrest without warrant off premises** **10** Where a police officer believes on reasonable and probable grounds that a person has been in contravention of **section 2 and has made fresh departure from the premises, and the person refuses to give his or her name and address, or there are reasonable and probable grounds to believe that the name or address given is false, the police officer may arrest the person without warrant**.   **Motor vehicles and motorized snow vehicles** **11** Where an offence under this Act is committed by means of a motor vehicle, as defined in the *Highway Traffic Act*, or by means of a motorized snow vehicle, as defined in the *Motorized Snow Vehicles* *Act*, the driver of the motor vehicle or motorized snow vehicle is liable to the fine provided under this Act and, where the driver is not the owner, the owner of the motor vehicle or motorized snow vehicle is liable to the fine provided under this Act unless the driver is convicted of the offence or, at the time the offence was committed, the motor vehicle or motorized snow vehicle was in the possession of a person other than the owner without the owner's consent.