Timothy Law — notSachy

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Three Tiers of Policing Federal (RCMP, CBSA), Provincial (OPP), and Municipal (e.g., NRPS, Peel, Toronto).
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Public vs Private Public police are taxpayer-funded and enforce public law everywhere. Private security is paid by companies to protect private property only.
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Jurisdiction The geographic or legal boundary of a police service's authority.
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Peace Officer Status Sworn peace officers retain authority across the entire province, including off-duty.
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Criminal Code of Canada The federal statute governing criminal offences and powers of arrest across all of Canada.

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Hierarchy of Proof From lowest to highest: Mere Suspicion → Reasonable Grounds (minimum threshold to remove liberty) → Balance of Probabilities (civil standard, >50% likelihood) → Beyond a Reasonable Doubt (highest criminal standard, near certainty).
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Mere Suspicion Based on rumor, gossip, or no real evidence. NEVER sufficient for an arrest.
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Reasonable Grounds (RG) The minimum threshold required to remove a person's liberty. Defined through case law (not statute). Facts or circumstances that would lead an ordinary, prudent person to believe a crime occurred. The "ordinary prudent person" = the trial judge — this is a core interpretive rule, not just a definition. Must be articulable: explainable after the fact in court.
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Sources of Reasonable Grounds Confession (to anyone), one credible eyewitness (full event), circumstantial evidence (DNA/fingerprint match), and articulable facts such as shoeprints, behavior patterns, or inconsistent statements.
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Find Committing Seeing the full offence occur and arresting immediately, OR continuous pursuit after seeing the offence. Continuous pursuit is REQUIRED for a valid "find committing" if arrest is not immediate.

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Summary Conviction Minor offences. 12-month limitation to lay a charge. Maximum penalty: 2 years less a day and/or $5,000.
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Indictable Offences Serious offences. No limitation period. Maximum penalty: up to life imprisonment.
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Dual Procedure (Hybrid) Crown chooses to proceed as summary or indictable. Treated as indictable from the moment of offence until first court appearance (election) — this allows broader arrest powers.
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The $5,000 Rule Theft, Fraud, and Possession of Stolen Property: under $5,000 is dual procedure, over $5,000 is strictly indictable.
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Mischief Exception Both Mischief Under and Mischief Over $5,000 are dual procedure offences.

Facts in Issue Elements the Crown must prove: Identity, Date, and Place (primary facts). A Prima Facie Case = Crown proves ALL facts in issue beyond a reasonable doubt → case proceeds to defence. If any element fails, case is dismissed.

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Murder — First Degree Planned and premeditated, committed during serious crimes, or killing a peace officer.
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Murder — Second Degree Intentional killing that is not planned or premeditated.
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Manslaughter No intent to kill. Example: impaired driving causing death.
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Assault — Level 1 Minor force or threat of force (push, slap).
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Assault — Level 2 Involves a weapon, bodily harm, or choking.
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Assault — Level 3 (Aggravated) Disfigurement or life-altering injuries. Always indictable.
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Causing Bodily Harm (CBH) Injury that is more than transient or trifling in nature.
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Robbery Theft combined with the use or threat of violence.
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Break and Enter — Breaking ANY force qualifies (even a tool placed in a door jamb).
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Break and Enter — Entering ANY part of the body OR any instrument/tool crossing the threshold constitutes entry.
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Reverse Onus (B&E in Dwelling) In a dwelling house, the accused must prove they had no criminal intent.
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Trespass by Night Prowling near a dwelling between 2100 and 0600 hours.

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Definition of Arrest Physical OR psychological control over a person who reasonably believes they cannot leave.
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Psychological Arrest Commands like "don't move" can constitute arrest — no physical contact required.
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Peace Officers — s. 495 CC Arrest on Reasonable Grounds for indictable offences. Arrest on "find committing" for ANY offence. Hybrid offences are treated as indictable.
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Citizens — s. 494 CC Arrest if "find committing" an indictable offence. Can arrest on RG ONLY if BOTH conditions are met: (1) within a reasonable time after the offence, AND (2) it is not feasible for police to attend.
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Property Owners Can arrest for ANY offence (including summary) if found committing on or in relation to their property.
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Rule of Pursuit A person may arrest someone fleeing a lawful arrest.
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Arrest vs Charge Arrest = taking a person into custody. Charge = an Information sworn before a Justice. This exact phrasing is testable.

Search Incident to Arrest (SITA) Search allowed ONLY for three purposes: to find evidence, to ensure safety, or to locate escape tools.

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Section 10(a) Right to know the reason for arrest.
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Section 10(b) Right to counsel without delay.
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R v. Schmautz (1990) Charter rights must be provided immediately upon arrest.
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R v. Jackson (1993) The accused has the right to a private consultation with counsel.
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R v. Bartle (1994) Officers must provide the Legal Aid number: 1-800-265-0451.

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Confessions to Citizens Automatically admissible in court.
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Confessions to Police Require a voir dire (trial within a trial) to determine voluntariness before admission.
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R v. Collins (1987) — Evidence After Charter Breach Independent physical evidence (weapons, drugs found at scene) is usually admitted. Evidence obtained from the person (confessions, blood, breath samples) is usually excluded.

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Arraignment Charges are read publicly in open court.
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Crown Election For dual procedure offences, the Crown chooses summary or indictable. This decision is final and cannot be reversed.
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R v. West (1915) A judge cannot override the Crown's election of mode of trial.

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Nature Provincial law (Ontario only). 6-month limitation period to lay a charge.
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Premises — Includes Buildings, land, waterways, ships, and portable structures.
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Premises — Excludes Highways and sidewalks.
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Occupier The person who controls access to the premises (allow/deny entry, demand removal).
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Notice Verbal, written, or posted signs — all carry equal legal weight. Signs must be visible in daylight at all normal points of access.
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Implied Consent A person may approach the front door of a premises without notice being triggered. Implied consent ends immediately once notice is given.
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Automatic Prohibition (No Notice Needed) Lawns, agricultural land, and fenced property — trespassing on these does not require prior notice.
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Arrest — On Property Police or occupier may arrest if "find committing" a TTPA offence on the premises.
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Arrest — Off Property Only police may arrest, and only if the person recently left the premises AND refuses to identify themselves.

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Handcuffing — 4 Justifications Officer safety, subject safety, preserve evidence, and prevent escape. These are the ONLY four lawful reasons.
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Excited Delirium — Symptoms Extreme strength, pain resistance, paranoia, and aggression.
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Excited Delirium — Positioning Must place subject on their side or upright. Never prone — risk of positional asphyxia.

Critical Definitions Life sentence = 25 years (parole eligibility) • Night = 2100–0600 • Summary limitation = 12 months • TTPA limitation = 6 months • Indictable = no limitation • Hybrid = indictable until election • Breaking = ANY force • Entering = ANY part crosses threshold • Bodily harm = more than transient • RG = minimum threshold to remove liberty • Trial judge = "reasonable person" standard

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RG vs Mere Suspicion The most tested distinction. Suspicion is never enough; RG requires articulable facts.
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RG vs Find Committing RG is belief-based from evidence; find committing is direct observation of the full offence.
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Hybrid Treated as Indictable Common arrest-power trap — from moment of offence until first court appearance (election), hybrid offences carry indictable arrest powers.
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Robbery vs Theft The distinguishing element is violence or the threat of violence.
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B&E Traps Breaking = any force (not just "smashing"). Reverse onus applies only in dwelling houses.
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TTPA — Notice vs Automatic Prohibition Notice (verbal/written/signs) is needed for most premises; lawns, agricultural land, and fenced property require no notice.
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TTPA — On vs Off Premises Arrest On premises: police or occupier can arrest. Off premises: only police, and only if suspect recently left AND refuses to identify.
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Arrest vs Detention Psychological control (verbal commands) can constitute arrest even without physical contact.
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Charter Breach → Evidence Independent physical evidence usually stays in; evidence obtained from the person (confessions, blood, breath) usually gets excluded.
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Citizen vs Police Arrest Citizens need "find committing" for indictable only. Property owners can arrest for any offence on their property. Police have the broadest powers under s. 495.

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