open_book_concepts_session_slides-24524-20221220.pdf

www.opcva.ca Federal Law 4 Open Book Concepts Version: BCT Federal Law | January 2023SL © Queen's Printer for Ontario, 2018 Objective To develop and utilize strategies and techniques that will enable the learner to quickly locate, understand, and apply pertinent laws and definitions as found in...

www.opcva.ca Federal Law 4 Open Book Concepts Version: BCT Federal Law | January 2023SL © Queen's Printer for Ontario, 2018 Objective To develop and utilize strategies and techniques that will enable the learner to quickly locate, understand, and apply pertinent laws and definitions as found in the Criminal Code or any other Statute. 2 How to Navigate the Federal Legislations 1. The Index 2. The Summary of Table of Contents 3. Definitions 4. Table of Contents 5. Table of Concordance 3 Acceptable Short Forms/Abbreviations Criminal Code C.C. Interpretation Act I.A. Firearms Act F.A. Controlled Drugs & Substances Act C.D.S.A. Canada Evidence Act C.E.A Constitution Act (Charter Of Rights) C. A. Youth Criminal Justice Act Y.C.J.A. DNA Identification Act D.N.A. Identification Of Criminals Act I.C.A. Canadian Criminal Cases C.C.C. 4 Construction of the Criminal Code Codification Both Federal and Provincial legislation are divided and subdivided into various parts, depending on the complexity of the law. Codification is a system of labeling these parts in order to avoid confusion when referring to a specific area. 5 Construction of the Criminal Code There are a maximum of five positions for authorities: 1. Section (numeric) 2. Subsection (numeric) 3. Paragraph (alpha) 4. Sub-paragraph (roman numeral) 5. Clause or item (alpha) 6 Construction of the Criminal Code Federal Codification - Alphabetic System When quoting a particular area of legislation, it is referred to by the name of the last part. Example: Subparagraph 494 (1)(b)(i) • Section 494 • Subsection 494(1) • Paragraph 494(1)(b) • Subparagraph 494(1)(b)(i) A decimal system is used when new legislation is added to a section. Occasionally a renumbering of the Criminal Code will take place in order to remove the decimals. Example Section 495.1 C.C. 7 Law is Written in Precise English SHALL – Imperative (a duty to perform). A ‘Must’ or ‘Must Not’ do Section 495(2) C.C. A peace officer shall not arrest a person without warrant….. MAY – Permits discretion Section 494 (3) C.C. Anyone other than a peace officer who arrests a person, without warrant shall forthwith deliver … FORTHWITH – Although up to the interpretation of a Judge, it generally means immediately AND/OR – These have to be taken into account when reading and must be taken literally. Section 174(1) C.C. Everyone who … (a) is nude in a public place or (b) is nude and exposed to public view while on private property … And = in addition to Or = one or the other 8 How to Search for Information Where should you start? The Index is a good place to start if you do not know the section. Definitions are generally found in Section 2 however they may be found in other parts of the Statute as well. If you already know the section, check within that section itself or, at the beginning of the Part that section is contained in. Caution should be used as some words have different definitions depending on the Part or Section where they are found. 9 How to Search for Information A man is arrested and charged with the offence of possession of property obtained by crime. Investigation reveals that he is on probation for a similar offence. If convicted of the possession charge, it will be a clear violation of the terms of his probation order which states, "must not be involved in any criminal activity." When we are talking about the violation of the Probation Order, what type of offence is this? (indictable, dual procedure or summary conviction) 10 How to Search for Information 1. When is sexual intercourse complete? 2. Could a person be convicted of the offence of presenting an immoral theatrical performance if the performance took place in a licensed liquor lounge? 3. What is the age of a “young person” as it relates to section 153(1) of the Criminal Code? 11 How to Search for Information A police officer arrests a person for Robbery. The officer is approached and offered $5000 to have the charges dropped. The officer accepts the money, and the charges are dropped. 1. What is the offence and where is it located in the Criminal Code? You are ice fishing and leave the fishing hole unmarked when you leave. A young child falls in the hole later. 2. Is this a Criminal Offence, if yes what is the offence? 12 How to Search for Information You want to find out where a Canadian citizen gets their right to enter and leave Canada. Where do you look? Break the question down: • You are dealing with a citizen’s right to do something. • In most cases when we deal with citizen’s rights we are looking at the Charter of Rights and Freedoms. 13 How to Search for Information If you can’t find anything in the index, go to the front of the book and look in the Table of Contents. Remember Learn the 28 Parts of the Table of Contents (read what each section contains) Use R.C.A. Recognize, Classify, Authority 14 Helpful Hints on Reading Law DON’T BE LAZY: This is not like reading a newspaper. You need to read EVERY word because every word is important. One word may change the whole context of what you are reading. BE PATIENT: Read it over as many times as is necessary to ensure that you understand what you are reading. PRACTICE: The more time you spend reading the law, the easier it will get. REMEMBER: How you interpret the written law may not be how everyone else does. You must always consider the intent or spirit of the law when you read it. That is why we have an Appeal Process and Appeal Courts. 15 Homework Assignment Federal Law 4 workbook questions Federal Law 4 OPCVA quiz questions Begin your Federal Law Open Book Workbook Questions Read the 28 parts of the criminal code in the Table of Contents in the front of your Criminal Code 16