Power earns respect - Answers restraint of power earns admiration
Consequences for misapplication (8) - Answers 1. Loss of Public trust
2. Loss of convictions
3. Internal discipline
4. Charges under COPSA
5. Criminal Charges
6. Civil lawsuits
7. Changes in law
8. Protest, riots, unrest
Police authority- There is no power without... - Answers Support of supervisors, crown, courts, and
the public
Police lay charges... - Answers Courts impose consequences
police enforce those consequences
Police need authority for - Answers EVERYTHING
ex. Putting handcuffs on someone (copsa), telling them they are under arrest (criminal code), putting
someone in jail (only judges can put someone in jail)
Where does police authority come from? - Answers Parliamentary supremacy, Constitutional
Supremacy, Canadian Charter of Rights and Freedoms
Parliamentary Supremacy - Answers -parliament (government) makes the laws
-Criminal law (CC) applies equally across canada
-Provinces also make there own laws
Constitutional Supremacy - Answers Final decisions are made by the courts:
Under constitutional supremacy, any law that contradicts the Constitution can be struck down by
courts through judicial review.
Canadian Charter of Rights and Freedoms - Answers Rights guaranteed to everyone
life, liberty, freedom from unreasonable search, seizure, detention, arrest, imprisonment
Sources of police power - Answers Where officers get the authorities
constitutional sources of police power: Federal - Answers Exclusisive power to create criminal laws for
Canada
constitutional sources of police power: Provincial - Answers Power over enforcement of criminal law,
laying charges and prosecuting offenders; authority to make laws in provincial areas of responsibilities
Examples of Provincial responsibilities (creating laws) - Answers driving rules, liquor, etc.
administration of policing: RCMP - Answers has jurisdiction over all federal laws across Canada
Three provinces have provincial services - Answers 1. Surete du Quebec (SQ)
2. Ontario Provincial Police (OPP)
3. Royal Newfoundland Constabulary (RNC)
Remaining provinces contact RCMP
Each Municipality may... - Answers establish police service under provincial law
Statues - Answers Codified, enacted, given royal assent
regulations and bylaws - Answers delegated legislation created by subordinate bodies
Common law and case law - Answers Decisions based on previous court decsions and long standing
principles
Limiting Legislative Power - Answers Canadian bill of rights (1960) established universal rights and
freedoms but was not entrenched in the constitution
Constitution act year - Answers 1982- Trudeau introduced canadian charter rights and freedoms,
defines limits in police powers
shift from parliamentary supremacy to constitutional supremacy
limits of the charter of rights - Answers legislatures may impose "reasonable limits" that are "justified
to protect a free and democratic society"
COPSA - Answers Comprehensive Ontario Police Services Act
Why we need COPSA - Answers Hold police accountable for improper behaviour
-Certainty, Severity, Celerity (speed)
History of police services - Answers Early law enforcement- tied to British system- Volunteer citizens,
night watchers