JUST 1010 Lecture Notes - Lecture 1: Unlawful Assembly, Homicide
Introduction
Who is a Peace Officer?
-
Classification of Offences
-
Police Powers
-
Groups Identified
-
Modern Policing
1829-
The basic mission for which the police exist is to prevent crime/disorder.
-
The ability of the police to perform their duties is dependent upon public approval of police actions
-
Police must secure the willing co-operation of the public in voluntary observance of the law to be able to
secure/maintain the respect of the public.
-
The degree of co-operation of the public that can be secured diminishes proportionately to the necessity of
the use of physical force.
-
Police seek/preserve public favour not by catering to public opinion but by constantly demonstrating
absolute impartial……..
-
Police use physical force to the extent necessary to secure observance of the law or to restore order only
when the exercise of persuasion, advice and warning is found to be insufficient.
-
Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition
that the police are the public and the public are the police; the police being only members of the public who
are paid to give full-time attention to duties which are incumbent on every citizen in the interests of
community welfare/existence.
-
Police should always direct their action strictly towards their functions and never appear to usurp the powers
of the judiciary.
-
The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action
dealing with it.
-
What is a Peace Officer (Canada)?
Peace officer" includes (a) a mayor, warden, reeve, sheriff, deputy sheriff, sheriff's officer and justice of the
peace.
-
(b) a member of the Correctional Service of Canada who is designated a as a peace officer pursuant to part I
of the Corrections and Conditional Release Act, and a warden, deputy warden, instructor, keeper, jailer,
guard and any other officer or permanent employee of a prison other than a penitentiary as defined in part I
of the Corrections and Conditional Release Act.
-
(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 of execution of civil process.
-
(d) An officer or a person having the powers of a customs/excise officer when performing any duty in the
administration of the Customs Act, the Excise Act or the Excise Act 2001.
-
(e) a persons designated as a fishery guardian under the Fisheries Act when performing any duties or
functions under that Act and a person designated as a fishery officer under the Fisheries Act when
performing any duties or functions under that Act or the Coastal Fisheries Protection Act.
-
(f) the pilot in command of an aircraft
-
(i) registered in Canada under regulations made under the Aeronautics Act, or
(ii) leashed without crew and operated by a person who is qualified under regulations made under the
Aeronautics Act to be registered as owner of an aircraft registered in Canada udner those regukatuons, while
the aircraft is in flight, and
(g) officers and non-commissioned members of the Canadian Forces who are
-
(i) appointed for the purpsoses of section156 of the National Defense Act, or
(ii) employed on duties that the Governor in Council, in regulations made under the National D_________
Offences
Summary
$2000 or 6 months in jail or both
→
•
Dual Procedure
Aka. Hybrid.
→
Penalties as both-either one or the other-punishable by summary or indictable (depends on what
Crown elects to go by)
→
•
Indictable
Penalties of 2,5,10,14 or life.
→
Election by accused for court type.
→
Ex. homicide, rape, murder, treason.
•
Classification of Offences
What kind of offences are the following:
Cause disturbance -175 (summary)
-
Unlawful assembly -66 (summary)
-
Theft under $5000 -334b (dual-procedure)
-
Kidnapping -279(1) (indictable)
-
Robbery Sec -343 (
-
Stopping mail -345 (indictable)
-
Harassing phone calls -372(2) (
-
Indecent act -173 (dual-procedure)
-
Break & Enter -348 (indictable)
-
Assault -266 (dual-procedure)
-
Not all
Police
Officers
Are Peace
Officers!
Read 173
(indecent act)
in book
& 266 Assault
W1 Police Powers
Thursday,* January* 11,*2018
8:20*AM
Introduction
Who is a Peace Officer?
-
Classification of Offences
-
Police Powers
-
Groups Identified
-
Modern Policing 1829-
The basic mission for which the police exist is to prevent crime/disorder.
-
The ability of the police to perform their duties is dependent upon public approval of police actions
-
Police must secure the willing co-operation of the public in voluntary observance of the law to be able to
secure/maintain the respect of the public.
-
The degree of co-operation of the public that can be secured diminishes proportionately to the necessity of
the use of physical force.
-
Police seek/preserve public favour not by catering to public opinion but by constantly demonstrating
absolute impartial……..
-
Police use physical force to the extent necessary to secure observance of the law or to restore order only
when the exercise of persuasion, advice and warning is found to be insufficient.
-
Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition
that the police are the public and the public are the police; the police being only members of the public who
are paid to give full-time attention to duties which are incumbent on every citizen in the interests of
community welfare/existence.
-
Police should always direct their action strictly towards their functions and never appear to usurp the powers
of the judiciary.
-
The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action
dealing with it.
-
What is a Peace Officer (Canada)?
Peace officer" includes (a) a mayor, warden, reeve, sheriff, deputy sheriff, sheriff's officer and justice of the
peace.
-
(b) a member of the Correctional Service of Canada who is designated a as a peace officer pursuant to part I
of the Corrections and Conditional Release Act, and a warden, deputy warden, instructor, keeper, jailer,
guard and any other officer or permanent employee of a prison other than a penitentiary as defined in part I
of the Corrections and Conditional Release Act.
-
(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 of execution of civil process.
-
(d) An officer or a person having the powers of a customs/excise officer when performing any duty in the
administration of the Customs Act, the Excise Act or the Excise Act 2001.
-
(e) a persons designated as a fishery guardian under the Fisheries Act when performing any duties or
functions under that Act and a person designated as a fishery officer under the Fisheries Act when
performing any duties or functions under that Act or the Coastal Fisheries Protection Act.
-
(f) the pilot in command of an aircraft
-
(i) registered in Canada under regulations made under the Aeronautics Act, or
(ii) leashed without crew and operated by a person who is qualified under regulations made under the
Aeronautics Act to be registered as owner of an aircraft registered in Canada udner those regukatuons, while
the aircraft is in flight, and
(g) officers and non-commissioned members of the Canadian Forces who are
-
(i) appointed for the purpsoses of section156 of the National Defense Act, or
(ii) employed on duties that the Governor in Council, in regulations made under the National D_________
Offences
Summary
$2000 or 6 months in jail or both
→
•
Dual Procedure
Aka. Hybrid.
→
Penalties as both-either one or the other-punishable by summary or indictable (depends on what
Crown elects to go by)
→
•
Indictable
Penalties of 2,5,10,14 or life.
→
Election by accused for court type.
→
Ex. homicide, rape, murder, treason.
•
Classification of Offences
What kind of offences are the following:
Cause disturbance -175 (summary)
-
Unlawful assembly -66 (summary)
-
Theft under $5000 -334b (dual-procedure)
-
Kidnapping -279(1) (indictable)
-
Robbery Sec -343 (
-
Stopping mail -345 (indictable)
-
Harassing phone calls -372(2) (
-
Indecent act -173 (dual-procedure)
-
Break & Enter -348 (indictable)
-
Assault -266 (dual-procedure)
-
Not all
Police
Officers
Are Peace
Officers!
Read 173
(indecent act)
in book
& 266 Assault
W1 Police Powers
Thursday,* January* 11,*2018 8:20*AM
Document Summary
The basic mission for which the police exist is to prevent crime/disorder. The ability of the police to perform their duties is dependent upon public approval of p. Police must secure the willing co-operation of the public in voluntary observance of the secure/maintain the respect of the public. The degree of co-operation of the public that can be secured diminishes proportionately the use of physical force. Police seek/preserve public favour not by catering to public opinion but by constantly d absolute impartial Police use physical force to the extent necessary to secure observance of the law or to when the exercise of persuasion, advice and warning is found to be insufficient. Police should always direct their action strictly towards their functions and never appea of the judiciary. The test of police efficiency is the absence of crime and disorder, not the visible eviden dealing with it. or 6 months in jail or both.
