Timothy Law1123

Three Tiers of Policing Canada operates through Federal (RCMP, CBSA), Provincial (OPP), and Municipal (e.g., NRPS, Peel) services.

Funding Public police are taxpayer-funded, whereas private security is paid by private corporations to protect specific property.

Jurisdiction Defines the geographic or legal boundaries of a police service's responsibility.

Peace Officer Status Sworn officers in Ontario maintain their powers of arrest throughout the entire province, even when they are off duty.

Hierarchy of Proof From lowest to highest: Reasonable Grounds (for arrest), Balance of Probabilities (civil cases), and Beyond a Reasonable Doubt (required for criminal convictions).

Mere Suspicion A belief based on rumor, gossip, or no meaningful evidence; legally insufficient for an arrest.

Reasonable Grounds A set of articulable facts or circumstances that would cause an ordinary, prudent person (standardized as the trial judge) to believe a crime was committed.

Establishing Grounds Grounds are promoted from suspicion through evidence such as a confession to anyone, at least one credible eyewitness, or circumstantial evidence like DNA/fingerprint matches.

Find Committing Seeing the entire offence committed and arresting the person immediately or following a continuous pursuit.

Summary Conviction Minor offences with a 12-month statute of limitations and a general maximum penalty of 2 years less a day in jail and/or a $5,000 fine.

Indictable Offences Major offences with no statute of limitations and penalties that can range up to life imprisonment.

Dual Procedure (Hybrid) Offences where the Crown elects to proceed as either Summary or Indictable; treated as Indictable for arrest purposes until the first court appearance.

The "Over/Under" Rule Theft, Fraud, and Possession of Stolen Property are categorized by a $5,000 threshold — "Under" is dual procedure and "Over" is strictly indictable.

Mischief Exception Both Mischief Under and Over $5,000 are dual procedure offences.

Murder First Degree is planned/premeditated or involves killing a peace officer; Second Degree is intentional but not planned; Manslaughter is an unlawful act causing death without specific intent.

The Three Levels of Assault Level 1 is common force (push/slap); Level 2 involves a weapon, bodily harm, or choking; Level 3 (Aggravated) involves wounding, maiming, or disfiguring injuries and is always indictable.

Robbery Theft combined with the use or threat of violence to a person or property.

Break and Enter "Breaking" is any force (even a tool in a door jamb), and "Entering" is crossing the threshold; in dwelling houses, "Reverse Onus" applies, requiring the accused to prove they lacked criminal intent.

Summary Offences Includes Cause Disturbance (public place), Transportation Fraud (unpaid fares), Food/Accommodation Fraud (dine and dash), and Trespass by Night (prowling near a dwelling-house between 2100 and 0600 hours).

Peace Officers (s. 495) May arrest on Reasonable Grounds for an indictable offence or if they "Find Committing" any offence.

Citizens (s. 494) May arrest if they "Find Committing" an indictable offence in any place.

Property Owners/Occupiers May arrest for any criminal offence (including summary) if they "Find Committing" it on or in relation to their property.

Rule of Pursuit A citizen may arrest someone being pursued by a person they believe has lawful authority to make that arrest.

Assisting Police A citizen may arrest based on Reasonable Grounds if the arrest is made within a reasonable time and it is not feasible for police to attend.

Statute Type A provincial law valid only in Ontario.

Premises Broadly defined to include dwellings, businesses, schools, waterways, ships, and portable structures.

Occupier A person with the authority to "regulate access" (allow/deny entry or demand removal).

Notice Notice to stay out or leave can be verbal, written, or posted via signs; all have equal legal weight.

Automatic Prohibition No notice is required for trespassing on lawns, agricultural fields, or properties enclosed by fences.

Arrest Powers Police or occupiers may arrest if they "Find Committing" a TPA offence on the property; only police may arrest off-premises if the suspect committed an offence, recently left, and fails to identify themselves.

Arrest Definition Physical or psychological control over a person who reasonably believes they are not free to leave.

Arrest vs. Charge Arrest is taking custody; a charge is the formal laying of an "Information" sworn before a Justice.

Charter Rights Section 10(a) requires informing the person of the reason for arrest; 10(b) requires informing them of their right to counsel without delay.

Confessions Statements made to citizens are automatically admissible; statements to police require a "voir dire" to prove they were voluntary.

Court Process Arraignment is the reading of charges in open court; for dual procedure offences, the Crown makes an "Election" of mode of trial which cannot be reversed by a judge.

Tactical Safety Use of Force options range from Presence to Lethal Force. Handcuffing is used for safety, to preserve evidence, or to prevent escape.

Excited Delirium Symptoms include great strength, hostility, and paranoia; officers must move these subjects to a side-lying or upright position to prevent asphyxia.