PFP156 Provincial Statutes Test 1

What is the main purpose of the POA?

To provide procedures for provincial offences.

Does the POA give police a general arrest power for all provincial offences?

No. Specific arrest powers usually come from the individual statute.

What are general facts in issue?

Day/date, time, place of the offence, and identity of the accused.

What does actus reus mean?

The guilty act.

What does mens rea mean?

The guilty mind.

What does absolute liability usually mean?

The prosecutor only needs to prove the act happened; intent/reason usually does not matter.

What does strict liability usually mean?

The act is proven, but the accused may avoid liability by showing due diligence/reasonable care.

What is the general POA limitation period?

Six months from the date of the offence, unless the individual statute provides another period.

How long before a POA search warrant expires?

Not later than 15 days after it is issued.

When is a POA search warrant generally executed?

Between 6 a.m. and 9 p.m. standard time, unless otherwise authorized.

What is POA Part I generally used for?

Minor offences with set fines.

What is POA Part II used for?

Parking infractions only.

What is POA Part III used for?

More serious provincial offences, including where jail may be sought, a fine over $1,000 may be sought, or more than 30 days have passed.

What forms are used for a Part III POA matter?

Information to the court and Summons to the accused.

What age range is a young person under the POA?

12 to 15 inclusive.

What must happen when a young person is charged under the POA?

Parents must be notified, and a summons is used because a Part I offence notice is prohibited.

What does the LLCA mainly regulate?

The sale, purchase, consumption, and possession of liquor.

What does liquor mean under the LLCA?

Beverage alcohol such as spirits, wine, beer, or combinations.

What can a person under 19 not do with liquor?

They cannot purchase, obtain, attempt to purchase, consume, or have liquor.

What offence may an adult commit by giving liquor to someone under 19?

Knowingly selling or supplying liquor to a person under 19.

Where may liquor generally be consumed?

A residence, licensed premises, or private place.

When may an intoxicated person in public be arrested under the LLCA?

When they are intoxicated in a public place/common area and arrest is necessary for their safety or the safety of others.

What happens if an officer takes an intoxicated person to a detoxification centre under the LLCA?

A charge cannot be laid for that incident.

When does LLCA refusal-to-identify arrest power apply?

When a person is apparently contravening the LLCA/regulations and refuses name/address or gives suspected false information.

When may police search a vehicle or boat without warrant under the LLCA?

When there are reasonable grounds to believe liquor is unlawfully kept there.

What is the LLCA limitation period?

Six months, from the POA general limitation period.

What non-police agency is connected to liquor enforcement?

AGCO and liquor inspectors.

What does the CCA regulate?

Recreational cannabis sale, distribution, purchase, possession, and cultivation in Ontario.

What is the adult legal quantity of dried cannabis from the course slides?

30 grams or less of dried cannabis or equivalent.

What does distribute mean under the CCA?

Giving, transferring, providing, transporting, sending, delivering, making available, offering to distribute, or possessing for distribution.

What can a person under 19 not do with cannabis?

They cannot possess, consume, attempt to purchase, purchase, distribute, cultivate, propagate, or harvest cannabis.

What offence may an adult commit by giving cannabis to someone under 19?

Knowingly selling or distributing cannabis to a person under 19.

When does the CCA vehicle/boat rule apply?

Whether or not the vehicle or boat is in motion.

When is cannabis allowed in a vehicle/boat under the CCA?

When it is unopened in original packaging, in fastened baggage, or not readily available.

Which Act handles cannabis smoking/vaping in prohibited places?

Smoke-Free Ontario Act (SFOA).

What arrest/search/seizure powers does SFOA have according to the course slides?

No arrest, search, or seizure powers listed.

What is the main CCA arrest power?

Refusal to identify after apparent contravention of the CCA or prescribed regulations.

When may police search a vehicle or boat without warrant under the CCA?

When there are reasonable grounds to believe cannabis is unlawfully kept there.

What may be seized under the CCA?

Evidence of an offence, proceeds, or items where a further offence is likely if not seized.

What is the CCA limitation period?

Up to two years from the date of the offence.

Tim, 20, gives wine to Tina, 18. What is Tim’s main issue?

Supplying liquor to a person under 19.

Tina, 18, drinks wine and refuses to identify herself. What is the strongest arrest issue?

Refusal to identify under the LLCA after apparent contravention.

Tim, 20, gives a cannabis cigarette to Tina, 18. What is Tim’s main issue?

Distributing cannabis to a person under 19.

Tina, 18, possesses and consumes cannabis. What is Tina’s main issue?

Under-19 possession/consumption of cannabis under the CCA.

What is the best order for answering a provincial statutes scenario?

Act, offence, facts, arrest, search, seizure, process, limitation.

What does V1 vetting code protect?

Confidential/classified information such as informant identity, sensitive techniques, or protected information.

What does V2 vetting code refer to?

Third-party information from outside the agency, often with caveats or restrictions.

What does V3 vetting code refer to?

Irrelevant information not related to the investigation.

What does R v Stinchcombe stand for?

Disclosure: police/Crown must disclose the fruits of the investigation; disclosure must be full, fair, and frank.

What does R v McNeil relate to?

Disclosure of relevant police officer misconduct/discipline information.

What does PRICE stand for when considering release?

Public safety, Repetition of offence, Identity, Court appearance, Evidence.

Does POA provide general warrantless search powers?

No. Warrantless search powers, if any, come from individual statutes.

Does POA provide use-of-force authority?

Yes, where an officer is lawfully required or authorized to act, using as little force as necessary.

What are the two LLCA arrest situations to memorize?

Intoxication in public/common area with safety concern, and refusal to identify.

What are the CCA search and seizure traps?

CCA has vehicle/boat search powers; SFOA has no search/seizure powers in the slides.

What is the key difference between LLCA and CCA vehicle/boat rules?

LLCA boat rule focuses on a boat underway; CCA applies whether or not the vehicle/boat is in motion.

What are the three places liquor may generally be possessed/consumed?

Residence, licensed premises, and private place.

What are examples of alcohol that is not liquor?

Mouthwash, aftershave, cooking sherry, and vanilla extract.

What is the correct POA form to court for Part I?

Certificate of Offence, Form 1.

What is the correct POA form to accused for Part I?

Offence Notice Form 3/4 or Summons Form 7.

What is the correct POA form to court for Part II?

Certificate of Parking Infraction, Form 11.

What is the correct POA form to accused for Part II?

Notice of Parking Infraction, Form 13.

What is the correct POA form to court for Part III?

Information, Form 105.

What is the correct POA form to accused for Part III?

Summons, Form 104.