MECP

Timeliness

Objectivity

Respect

Confidentiality

Honesty and integrity

Knowledge and competency

Define T.O.R.C.H.K

Greet

Introduce yourself

Explain why you're there

Explain what law gives you the right

Make your decision clear

Conclude the interaction

Make observations

Maintain officer safety

8 Points of contact

To protect people and property

What is the role of an officer

DIR. 20.01

What directive outlines the roles and responsibilities of an officer.

1. Inclusion 2. Integrity 3. Excellence

What are the three OPS Values?

1. Expected behaviour 2. Encouraged Behaviour 3. Unacceptable Behaviour

What are the three standards of behaviour outlined in the OPS code of conduct?

1. Introduce yourself and your organization

2. Provide general information regarding the inspection, audit or enforcement process

3. Indemnify the statutory authority for the inspection, investigation, audit or enforcement process

4. Provide a contact number should further information or feedback be required

5. If asked inform of formal complaint mechanisms and appeal procedures

What are the five professional service practices?

DETER

What part of the compliance strategy involves providing compliance assistance and simply being present and visible to the public

1. Don't use your employment to benefit yourself or your family

2. Don't accept gifts from parties who have, or seek to have, dealings with the government

3. Don't disclose confidential information

4. Don't give preferential treatment

5. Don't engage in activities that could interfere or conflict with your duties

6. Don't hire or supervise family members

7. Don't engage in prohibited political activities

What are two rules set out by the Public Service of Ontario Act. 2006 regarding conflict of interest

stereotypes can often lead to discrimination, while bias can lead to both discrimination and preferential treatment.

What is the difference between a stereotype and bias?

Taking pride in strengthening Ontario, its places and its people

What is the OPS mission?

A: what are the alternatives

C: what are the consequences to the alternative/decision?

T: would I be comfortable telling others about it?

When faced with an ethical decision, we can use the ACT principle. What does ACT stand for and what does each word mean

Implicit bias is bias held at the unconscious level and they can often conflict with what we believe consciously

What is implicit bias?

Being "not racist" is a claim that signifies neutrality in the racism struggle

According to dr. Kendi, why is being "not racist" not enough?

1. Challenge your thinking, be critical of your own ideas and opinions

2. Be aware of the stereotypes you're exposed to

3. Know the community you serve

4. Build relationships and get to know people who are subject to bias or prejudice

5. Learn from encounters to self-improve

6. Be objective, consider all sides and base decisions on facts and evidence

What are three ways to provide bias-free compliance services?

Something that supports facts in issue

What is evidence?

Physical evidence that plays a direct part in the incident in question. E.G. liquor bottle seized

What is "real" evidence? Give an example

The facts that link a person to a particular offence that has been committed. They must be proven in court in order to obtain a conviction.

What are the facts in issue?

A written document/record which proves fact in issue. E.G. park permit

What is documentary evidence? Give an example.

Statement made by witness under oath or affirmation of what they perceived.

What is testimonial evidence?

The conclusion someone drew based on their observations, but not a direct observation. E.G. someone apparent age, weight or height.

What is opinion evidence? Give an example.

The crown

Who does the burden of proof rest with?

-photo number

-date take

-time taken

-location of photo

-weather conditions

-photographer and badge number

-description of the photo

If you use a photograph to present evidence, what needs to be recorded in your notebook?

Continuity

What must be maintained when dealing with primary real evidence

You must be able to prove that evidence has not been

Tampered with

Secondary evidence

What is a replica of primary evidence?

Testimonial evidence base on personal knowledge or observations is called?

Direct evidence

And individual whose training, education or experience has given them a superior knowledge about a particular subject.

What is an expert witness?

Evidence to support all the facts in issue.

What do you need to insure a conviction in court?

Prima facie case

What is a case that has evidence to support all the facts in issue called?

A body of rules, established and enforced by government, which regulates the conduct of members of society

What is the definition of law?

Public law and private law

What are the two types of law?

Public law

Of the two types of law, which do park wardens deal with?

Statue law, common law, case law

What are the tree sources of law?

No, regulations cannot stand on their own without a parent act.

Can a regulation stand on its own without a parent act?

1. Definitions

2. Offences

3. Penalties

4. Authorities

5. Limitation period

List the five components of a statue

Short form wordings are used when writing a PON to consistently and briefly desçu the offence

What are short-form wordings used for?

1. Indictable

2. Summary

3. Dual

What are the tree categories of criminal offences?

Both absolute and strict liability offences require you to demonstrate that the person charge committed the physical act of the offence, but you do not need to prove that it was done willfully or intentionally, strict liability offences offer the defendant the opportunity to use the due diligence defence in court.

Describe the similarities and differences between absolute liability and strict liability offences.

Mens Rea offences require proof of the physical act of the offence, as well as demonstrating that the offence was committed intentionally or knowingly.

What is required to prove a Mens Rea offence?

The due diligence defence allows a person, charged with a strict liability offence, to demonstrate that they:

1. Took all reasonable steps to avoid committing the offence

2. Believed in a mistaken set of facts, of

3. Were a victim of officially induced error

What is the due diligence defence?

The constitution

What is the highest law in Canada?

The rights and freedoms set out in it, subject only to such reasonable limits prescribed by law as can be demonstrated justified in a free and democratic society. (S. 1 of the Charter of Rightd and Freedoms)

What does the Charter of Rightd and Freedoms guarantee?

1.Authorized by law

2. The authorizing law is reasonable

3. Manner of search is reasonable

What makes a search reasonable?

A set of facts or circumstances that would lead an ordinary, cautious, and prudent person to believe beyond mere suspicion.

What are reasonable grounds?

1. Inform them of the reason for the arrest

2. Inform them of their right to counsel

3. Allow the person to speak to counsel if they choose to

What must an officer do as soon as practical after placing someone under arrest?

Could face civil or criminal charges

Evidence could be excluded from court

What could happen if you obtain evidence for a charge by violating someone's Charter Rights?

Section 37 of the PPCRA 2006

What section of the PPRCA,2006 designates a park warden with the power and authority of a police officer?

1. Contact supervisor

2. Contact the local police (if necessary)

3. Record names, addresses, phone numbers, campsites of all involved

4. Make notes

Name 4 things things you should do if you become aware of a criminal offence.

Officer safety

What idea/concept is paramount at all times in your job as park wardens?

Ontario parks DIR 20.01

What Ontario Parks directive section/number guides your process when dealing with criminal offences?

1. Follow the directions given by the police

2. Make notes of the evidence and locations of possible

3. Protect the scene, including the perimeter

4. Restrict movement of all involved and around the scene

Name 4 things to keep in mind when attempting to preserve the scene of a criminal offence

1. Assault

2. Theft

3. Mischief/vandalism

4. Operation while impaired

What are the 4 distinct criminal offences that policy says a park warden may arrest for?

Conveyance means a motor vehicle, a vessel, an aircraft or railway equipment

Define the term conveyance as interpreted in the criminal code

Vandalism

What is the term used to describe the type of mischief our directives says park wardens may arrest for?

The summary convictions act

What act did the POA replace?

Ministers

Who can designate Provincial Offences Officers?

30 days

How long after the offence occurs can an officer serve a provincial offence notice?

1. Plead guilty and make payment

2.plead guilty with submissions

3. Request a trial

What options does the accused have after receiving an offence notice?

Early resolution

What is the 4th option that can take place (instead of option 2) regarding the 3 options on a PON

15 days

How long does a person have to choose a course of action after receiving an offence notice?

7 days

How long does an officer have to file a certificate with the court?

No

Can the serving officer receive payment for the fine set out in a provincial offence notice?

1. No date of offence

2. No name of accused

3. No offence location

4. No offence charge or section #

5. No court location

6. No set fine

7. No officer signature

What major errors can cause a ticket to be quashed?

Parking infraction

What does part II deal with

On the vehicle, to the owner, or to the operator

How can you serve a Part II Notice?

More serious offences, or more than 30 days has elapsed, or no set fine listed

Why would an officer use a Part III instead of a part I?

Send by registered mail

How would you serve a summons to a person who lives outside of Ontario?

Anyone, under oath in front of a Justice of the Peace

Who can lay an information? And how is it done?

6 months

What is the limitation period of an Act if it isn't specified in the Act itself?

Yes, ignorance of the law is no excuse

Could you charge someone who wasn't aware they were breaking the law?

It's special fund to assist the victims of crimes

Why was the Victim Fine Surcharge established?

Spirits, wine and beer or any combination thereof and includes any alcohol in a form appropriate for human consumption as a beverage, alone or in combination with any other matter

What is liquor?

1. Used as a dwelling

2. Includes all premises used in conjunction with the place

3. If place is a tent, includes land immediately adjacent to it

What are the 3 things to keep in mind when determining if something is a residence?

When it is equipped with sleeping accommodations and cooking facilities while it is parked and being used as a residence

When can a motor vehicle be considered a private place?

100 000$

What is the maximum fine upon conviction of an individual under the LLCA 2019?

1. Red, glassy or bloodshot eyes

2. Odour of alcoholic beverage

3. Unsteady on feet

4. Unable to control bodily functions

5. Slurred speach

What are 5 signs of intoxication according to the alcohol and gaming commission of Ontario?

1. Registered campsite

2. A private place as defined by legislation

What two general places are people allowed to have open liquor that relates to park wardens?

A "sealed" container is one that has never been opened and still has the factory seal intact. A "closed" container is one that has any sort of lid or stopper that would prevent liquid from coming out if turned upside down

What is the difference between closed and sealed containers?

No, this offence has no set fine. If you wish to lay a charge for this offence it must be done by way of part III information and summons

Can you serve a PON to someone who supplied liquor to a person under 19? Why or why not?

1. Found in contravention

2. Fails to provide ID

What 2 things are required in order for your arrest authorities to be valid?

Intoxicated camper walking near water alone at night (the person is intoxicated and the officer believes an arrest is necessary to ensure the safety of any person)

Give an example of when you may arrest for public intoxication

If you have reason to believe that liquor is being unlawfully kept in a vehicle, you may search the vehicle and any person found in it

What are your search authorities under the LLCA?

No

Can you search a dwelling?

1. Item should be kept in the same condition as when seized

2. Cork or seal the item so that its contents are secure

3. Label the item with a liquor seal

4. Store the seizure in a locked cabinet

5. Retain for appeal period

What 5 things should you do when seizing liquor under the LLCA?

False

Within a provincial park, campground roads are not considered highways under the highway traffic act. True or false?

False

A bicycle is considered a motor vehicle. True or false?

1. Entry when entry is prohibited

2. Engage in prohibited activity

3. Fail to leave when instructed

List the three offences laid out in section 2 of the TPA

By means of a valid park permit

In what way does a camper demonstrate their permission to be in the park?

Signs, locked gates, warnings

What might prevent someone from using the colour of right defence in a provincial park?

Entry prohibited - red circle, 10cm in diameter

Entry for certain activities prohibited-yellow circle 10cm in diameter

What type of marking is sufficient to indicate entry is prohibited? Entry for certain activities is prohibited?

No, graphics are sufficient

Is it necessary to name the prohibited activity in words on a sign?

At ordinary points of access, where they are visible under normal daylight conditions

Where should signs/markings be posted?

All offences

For which offences does an officer have authority to arrest under the TPA

Yes, because they can be an occupier of the park

Does a park warden have the authority to request a person to leave the park under this legislation?

1. Inhalation

2. Ingestion

3. Topical application

What are the 3 most common consumption methods for cannabis?

THC

What is the name of the compound found in cannabis that produces psychoactive effects?

Yes

Can this compound produce an intoxicating or impairing effect even when very little consumed?

1. Section 10 (1)- no person under 19 years of age shall possess, consume, attend to purchase, purchase or distribute cannabis

2. Section 12 (1)- no person shall drive or have the care or control of a vehicle or boat, weather or not it is in motion, while any cannabis is contained in the vehicle or boat

What two offences can a park warden enforce under the CCA 2017?

Referring them to the youth cannabis diversion program

What is the preferred method for officers to deal with youth and cannabis-related offences instead of laying charges?