RG/FC/MS
Case law defines ____ _____ and ____ ____
Where is FC/RG defined
mens rea
what is guilty mind known as?
law defined at trial
what is case law?
minor offences
what are summary convictions?
defined in case law
where is arrest/detention defined?
highways/sidewalks
what is NOT a premises?
indictable offenses
what are major offences?
temporary classification
what is dual procedure?
‘the end or termination of custody after an arrest has been made'
what is release?
The area of enforcement for an agency.
What is jurisdiction?
find committing
what is seeing all the facts in issue?
premises, occupier
what are two important definitions for the TPA?
Someone lives here.
What is a Dwelling house?
See whole thing beginning to end, bad guy stays.
What is find committing?
actus reus
what is a guilty act known as?
Supreme court of canada
what is the highest level of court?
12 months from time of offence to prosecute
What is the statute of limitations for SC?
verbal restraint/physical restraint
what are the first 2 definitions of arrest/detention?
provincial statute
what is the TPA?
there is no time limit/constraint for these offences.
What is the statute of limitations for IND offences?
it is important for arrest powers.
Why is it important that all DP offences are treated as IND?
released to police as soon as practicable
what is forthwith?
Municipal, federal, provincial
What are the three levels of police?
primary and secondary are the two types of this.
what are the types of facts in issue?
written and verbal
what are the two types of notice of prohibition?
the highway traffic act and trespass to property act are these.
what are examples of provincial statutes?
“a set of facts or circumstances that causes a person of ordinary and prudent judgement to believe beyond a mere suspicion”
what is reasonable grounds?
the highest law in canada
what is the charter?
section 2 494 and 495
where do peace officers find their arrest powers?
What are the F n I for transportation fraud?
this must be signed by a JP
what is an information
when the owner says they can't
when can an employee not regulate access?
what is 2nd degree murder?
Until the 1st court date
when are all DP offences treated as indictable
word for word
what is verbatim?
these apply across all of canada
federal statutes
what they did
what are secondary facts in issue.
List three types of premises that are NOT structures
lawns, fields, boats, gardens, public parks, stopped cars etc.
25 years for _____ in ______ in Canada
How long is life in prison in Canada?
Once you have this you cannot lose it.
what is RG?
Possibility of loss of evidence
what happens when you violate a charter right?
Section 25 CC
Where is the justifiable use of force found?
2 years less a day and/or a fine of up to $5,000
What is the maximum penalty for SC offences? (exceptions withheld)
you don't have to say this.
what is "you are under arrest'?
disregarding signs, fences/entering a lawn or an agricultural field constitutes this offence
when is it automatically prohibit entry without notice?
What is 1st degree murder
prosecuter can choose either IND or SC
what is the crowns election?
not all of these are admissible in court, however, when done to citizens, they are.
what are confessions?
Highways / all of ontario
where is the OPPs jurisdiction
who/where/when
what are the primary facts in issue?
peace officer / occupier, FC, BG still there
what are the arrest powers for on premises?
________ assault has injuries beyond transient and trifling?
what is assault bodily harm?
no actual evidence/gossip/rumors
What is mere suspicion?
the judge decides this in case of a charter violation
Who decides the evidence allowed in a charter violation?
Find committing, indicatable offence, any place
what is one citizens power of arrest?
What are the F n I for food fraud.
they think they've been detained
what is the third definition of detention?
section 3 (2) of tpa states they can approach a door.
what is implied consent?
this is the only assault that is automatically IND
what is aggravated assault?
_____, ____, _____ _____, and _._._._. under 5k are all dual.
what is theft, fraud, false pretenses, and POSP?
this may be an hour, a minute, as long as it is justifiable.
What is forthwith?
police officers, the mayor, wardens, pilots in flight
What is a peace officer?
A "break and enter" is an example of ____ used in the workplace.
What is slang?
police may do this instead of laying an information for TPA
what is a ticket?
this person represents the community at trial.
Who is the crown attorney?
what is continously?
everyone has the right to be informed promptly the reason for arrest/detention
what is section 10 a?
R v West 1915
Why can't the crowns election be reversed?
What are the F n I for engage in prize fight?
Can arrest on RG
what can police officers do?
TPA does not specify this when it comes to ____ other than placement
what are signs?
Sexual assault w/ weapon, s assault causing BH, and Agg. s assault.
Which three classes of S assault are IND?
Someone who willfully engages in an indecent act in a PUBLIC PLACE in front of ONE OR MORE PERSONS (OVER 16YRS) with the intent to INSULT or OFFEND
What is indecent act?
you absolutely should not do this when you have to deliver a BG to the police.
What is drive the the BG to the cop shop?
york regional police
what is an example of a municipal police agency?
you must prove all of these to convict.
What must be done with the facts in issue?
list the three TPA offences
fail to leave when directed, engage in prohibited activity on premises, enter premises when prohibited
this IND offence may be writing a bad cheque knowing you have no money in your bank account to purchase a new car.
what is false pretenses over/under?
physical evidence/witness/observation
How do I get to RG?
what is section 10 b?
R v Therens 1985
where is detention defined?
between 9pm and 6am, loitering on dwelling house
What are the F n I for trespass by night?
anyone can do this with reasonable grounds
what is charge?
defendant must fail to identify himself
must be a police
what are the arrest powers for OFF premises
Theft + violence (or the idea of).
what is robbery?
both the under 5k and over 5k of this offence are dual procedure.
What is mischief?
a trial of evidence within a trial
what is a voire dire?
RCMP
what is our federal police service
a formal name for an offence
what is a wording?
you have 6 months to do this from the date of the offence.
how long is the statute of limitations for TPA offences?
BG must prove he did NOT have intent in court (guilty, he must prove innocence)
What is reverse onus?
Does NOT mean beyond all reasonable doubt
What is included with RG?
You must break this to be charged criminally.
What is a federal statute? (CC)
R v Collins 1987
Which case law dictates when evidence collected under a violation may or may not be allowed?
Must be in a public place
Must be singing, shouting, using obscene language and/or insulting language, fighting, screaming
What are the facts in issue for cause disturbance?
Find committing is needed for a _____ to place a person under _____
what must citizens have in order to arrest?
list at least 2 facts in issue for engage in prohibited activity on premises
____, _____, _____ _____, and _._._._. over 5k are all IND offences.
what is theft, fraud, false pretenses, and POSP.
Nobody is allowed to change this in court.
Who can reverse the crowns election?
police must prove these are done voluntarily
what must confessions have?
HTA and TPA
What are provincial statutes?
They only have to disprove 1 fact in issue to be successful.
What is the job of the defense attorney?
A ticket is also known as this
what is a provincial offence notice?
There is no legal definition for this group of people in SEC 2 CC
What is legal the definition for citizens?
you can be punished with minimum public mischief for this act.
what is lying to police?
you are free from this action under the charter.
What is arbitrary search and seizure?
R v Whitfield 1969
Why does a BG have a legal obligation to submit to an arrest?
although this typically involves food, it is classified as theft under 5k instead of food fraud
What is stealing from a grocery store?
you can do one or another, or both, but neither are related.
what is arrest and charge?
this type trespassing is not on the TPA
you must ____, ____ and commit an ____ offence for this charge.
what is break, enter, commit indictable offence there in?
this offence involves purposely lying to police and they can prove you did.
What is public mischief?
found in s 494 (3) cc
where is "when a citizen makes any kind of arrest the citizen shall (no discretion) ‘deliver’ the arrested person forthwith to a police officer." found?
you cannot get a criminal record from these
what can't you get from a provincial offence?
Prima Facie case
What do you have when you prove all the F n I?
list at least 5 facts in issue for fail to leave when directed?
Describe / explain the BG failure to leave immediately
Ontario, Quebec, and Newfoundland all have this in common.
Which three provinces have PROVINCIAL police agencies?
R v Edwards
this IND offence is an example of reverse onus used in class.
what is break, enter, with INTENT to commit indictable offence
list at least 5 facts in issue for enter premises when entry prohibited