WRPS: POA & HTA Quiz

Define Police Officer

means a chief of police or other police officer but does not include a special constable or by-law enforcement officer; (“agent de police”)

Define Provincial Offences Officer

(a) a police officer,

(b) a constable appointed pursuant to any Act,

(c) a municipal law enforcement officer referred to in subsection 101 (4) of the Municipal Act, 2001 or in

subsection 79 (1) of the City of Toronto Act, 2006, while in the discharge of his or her duties,

(d) a by-law enforcement officer of any municipality or of any local board of any municipality, while in the

discharge of his or her duties,

(e) an officer, employee or agent of any municipality or of any local board

of any municipality whose responsibilities include the enforcement of a by-law, an Act or a regulation under an Act, while in the discharge of his or her duties, or

(f) a person designated under subsection

(3); (“agent des infractions provinciales”)

Define Justice

means a provincial judge or a justice of the peace; (“juge”)

Define Offence

means an offence under an Act of the Legislature or under a regulation or by-law made under the authority of an Act of the Legislature; (“infraction”)

Define Young Person (On Quiz & Final)

means a person who is or, in the absence of evidence to the contrary, appears to be,

(a) twelve years of age or more, but

(b) under sixteen years of age, and includes a person sixteen years of age or more charged with having committed an offence while he or she was twelve years of age or more but under sixteen years of age. (“adolescent”) R.S.O. 1990, c. P.33, s. 93.

According to the POA, If not stated elsewhere, how long after an offence has been committed can you lay a charge?

6 months

What does Section 145 of the POA mean?

Any person may arrest without warrant a person who he or she has reasonable and probable grounds to believe has committed an offence and is escaping from and freshly pursued by a police officer who has lawful authority to arrest that person, and, where the person who makes the arrest is not a police officer, shall forthwith deliver the person arrested to a police officer. R.S.O. 1990, c. P.33, s. 145.

Name two statues that allow you to use force?

Criminal Code-25(1) and POA-146(1)

Roadway [Memorize]

Actual travelled portion - not including the shoulder

Define Vehicle

Any vehicle drawn, propelled or driven by any kind of power including muscular power except a motorized snow vehicle or a street car and includes:

M: Motor Vehicle

T: Trailer

T: Traction Engine

F: Farm Tractor

R: Road-Building Machine

B: Bicycle

Name all the classifications of Driver’s Licence

A: Tractor Trailer

B: School Bus

C: City or Coach Bus

D: Dump Truck

E: Special Ed School

F: First Air & Passenger Bus

G: Standard Licence

Define Trailer

Any vehicle drawn on a highway by a motor vehicle… Excludes MMIST

M - Motor vehicle being towed

M - Mobile Home

I - Implement of Husbandry

S - Side car on a motorcycle

T - Thing (any device or apparatus that is not designed to transport person or property and is temporarily drawn on highway (i.e. cement mixer)

Define Common Area

31(1)(b) any part of a residence that is used in common by persons occupying more than one dwelling in the residence.

Define Public Place

31(1)(a) a place to which the general public is invited or permitted access

Define Private Place

22. (1) For the purposes of subsections 33 (6) and 34 (5) and clauses 39 (2) (b) and 41 (1) (c) of the Act,

“private place” means a place, vehicle or boat described in this section.

(2) An indoor place to which the public is not ordinarily invited or permitted is a private place except at the times when the public is invited or permitted access to it.

(3) Despite subsection (2), an indoor place that is available for rental by members of the public for occasional use is not a private place.

(4) A motor vehicle equipped with sleeping accommodation and cooking facilities is a private place while it is parked and being used as a residence.

(5) Despite subsection (4), a motor vehicle is not a private place while it is on a highway or a King’s Highway within the meaning of the Highway Traffic Act.

(6) A boat that is used exclusively to carry freight and is under the command of a person certified under the Canada Shipping Act, 2001 is a private place.

(7) A boat with permanent sleeping accommodations and permanent cooking and sanitary facilities, other than a boat used to carry passengers for hire, is a private place while the boat is at anchor or is secured to a dock or land.

(8) If a boat is a private place under subsection (7) and is secured to a dock or land to which the public is not ordinarily invited or permitted, the dock or land is a private place except at the times when the public is invited or permitted access to it.

(9) A boat that is used exclusively to carry passengers for hire and has sleeping accommodation for all passengers is a private place if it is under the command of a person certified under the Canada Shipping Act, 2001.

(10) A boat that is owned or operated by the Canadian Coast Guard is a private place.

Under 149, what are the responsibilities after an arrest?

P- Public interest

R- Repetition

I- Identity

E- Evidence

R- Residence

Define Occupier

1.(1) “occupier” includes,

(a) a person who is in physical possession of premises, or

(b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises, even if there is more than one occupier of the same premises;

(“occupant”)

Define Premises (May not need to know)

What are the four ways to give someone notice?

1. Orally

2. Writing

3. Signs

4. Marking System

What section of the HTA gives us arrest authorities?

217(2) Any police officer who, on reasonable and probable grounds, believes that a contravention of any of the provisions of subsection 9 (1), subsection 12 (1), subsection 13 (1), subsection 33 (3), subsection 47 (5), (6), (7) or (8), section 51, 53, subsection 106 (8.2), section 130, 172 or 184, subsection 185 (3), clause 200 (1) (a) or subsection 216 (1) has been committed, may arrest, without warrant, the person he or she believes committed the contravention.  R.S.O. 1990, c. H.8, s. 217 (2); 1993, c. 40, s. 8; 2009, c. 5, s. 56.

In the Trespass to Property Act, what are the two conditions in which someone can be arrested without a warrant?

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. R.S.O. 1990, c. T.21, s. 9 (1).

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. R.S.O. 1990, c. T.21, s. 10.

What are the different types of charges we can issues under the POA, and when do we use them, how long do we have to issue them and how do we serve them?

Part I - Offence Notice

• Set Fine Offence or Fine is less than $1K

• 30 days from date of the offence

• Served personally to the defendant

Part I - Summons

• No Set Fine, Want them to attend court or

  12-15 years old (Part I may only be served as a summons)

• 30 days from the date of the offence

• Served personally to the defendant

Part III - Summons

• No set fine and defendant found at or near the place where the offence occurred

• 6 month limit

• Can be served by a service

What are the rules for releasing someone under the POA?

149(1) - A police officer shall, after serving a process (appeal or summons), release them from custody, unless PRIER is an issue.

P-Public Interest
R-Repetition
I-Identity
E-Evidence
R-Residence

Motor Vehicle

See Diagram

Define Youth according to the POA

“young person” means a person who is or, in the absence of evidence to the contrary, appears to be,

(a) twelve years of age or more, but

(b) under sixteen years of age, and includes a person sixteen years of age or more charged with having committed an offence while he or she was twelve years of age or more but under sixteen years of age. (“adolescent”) R.S.O. 1990, c. P.33, s. 93.

In the POA, unless otherwise states, how long after an offence has been committed can you lay a charge?

76. (1) A proceeding shall not be commenced after the expiration of any limitation period prescribed by or under any Act for the offence or, where no limitation period is prescribed, after six months after the date on which the offence was, or is alleged to have been, committed.

Are citizens authorized to use force under the POA?

146 (2) Every person upon whom a police officer calls for assistance is justified in using as much force as he or she believes on reasonable and probable grounds is necessary to render such assistance. R.S.O. 1990, c. P.33, s. 146.