01 to 05 - Ontario Parks Study Sets Questions & Answers Rated 100% Correct
A park warden's safety is _________ . - paramount A person is ______ of an offence if the person contravenes any _________ of the LLCA or the regulations. - guilty, provision A residence is a place used as a ________ . - dwelling According to Dr. Kendi, why is being 'not racist' not enough? - Being 'not racist' is a claim that signifies neutrality. There is no neutrality in the racism struggle. Alcohol is __________ and thus cannot be "smelled" on someone's breath. The proper term to use is the smell of ________ ________ instead. - odourless, alcoholic beverage Can a regulation stand on its own without a supporting Act? - No, regulations cannot stand on their own without a parent Act. Can the serving officer receive payment for the fine set out in a provincial offence notice? - No Can you search a dwelling? - No. Can you serve a provincial offence notice to someone who supplied liquor to a person under 19? Why or why not? - No, this offence has no set fine. If you wish to lay a charge for this offence it must be done by way of a Part III information and summons Could you charge someone who wasn't aware they were breaking the law? Why? - Yes, ignorance of the law is no excuse Define the term conveyance as interpreted in the Criminal Code - Conveyance means a motor vehicle, a vessel, an aircraft or railway equipment. Describe the similarities and differences between absolute liability and strict liability offences - Both absolute and strict liability offences require you to demonstrate that the person charged 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. Everyone commits an offence who ________ a conveyance while the person's _______ to operate it is ________ to any degree by _______ or a ____ or by a combination of _______ and a ____ . - operates, ability, impaired, alcohol, drug, alcohol, drug Everyone commits mischief who _________ destroys or damages ________ . - willfully, property Fill in the blank : When reading the definitions section of an Act, _______ indicates that the definition is comprehensive and nothing can be added to it. - MeansFill in the blanks : A park warden should act according to their level of ________, _______ and __________. - training, experience, knowledge Fill in the blanks : A person commits assault when, without consent of another person, he applies _____ __________ to that other person. - force intentionally Fill in the blanks : If you're not welcome at the scene, or it is unsafe for you, then _____. - leave. Fill in the blanks : The POA resulted in the creation of the Provincial Offences Court, which is presided over by a _____ or _____ of the _______. - judge, justice, peace Fill the blanks : A __________ cannot stand alone but requires a parent Act to enable it. - regulation Fill the blanks : A park warden must record the details of who committed an offence, when and where the offence was committed, and the specific elements of the offence in their notebook. These are called the _____ in ______. - facts, issue Fill the blanks : Case Law is the ________ of law by court _________ . - Interpretation, decisions. Fill the blanks : Everyone commits an offence who assaults a ______ _______ engaged in the __________ of his duty. - peace officer, execution Fill the blanks : Statues are a form of written law, also referred to as ____________ or __________. - legislation, Acts. Fill the blanks : The word ____ tells the reader that the action described is necessary to be in compliance with the act. - Shall Fill the blanks : When a summons is served to a person who resides outside of Ontario it can be sent by ________ mail. It is considered served after __ days. - registered, 7 days Fill the blanks : You should protect as much of the _____ as possible. If you have ____________, use it. - scene, flagging tape Freedom of conscience and religion are guaranteed by the Charter of Rights and Freedoms. - True Give an example of when you may arrest for public intoxication. - 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) How can you serve a Part II Notice? - On the vehicle, to the owner, or to the operator. How long after the offence occurs can an officer serve a provincial offence notice? - 30 days How long does a person have to choose a course of action after receiving an offence notice? - 15 daysHow long does an officer have to file a certificate of offence with the court? - 7 days How would you serve a summons to a person who lives outside of Ontario? - Send by registered mail. If a park warden attempts to conduct a vehicle stop and the driver fails to stop, __ ___ ______ . - do not pursue If the residence is a tent, it includes the ____ immediately ________ to and used in conjunction with the ____. - land, adjacent, tent Ignorance of the law is ___ ___ ______ . - not, an, excuse In order to perform a search, you have to have __________ grounds to believe that ______ is being __________ kept in a vehicle or boat. - reasonable, liquor, unlawfully List the five components of a statute - 1. Definitions 2. Offences 3. Penalties 4. Authorities 5. LimitationPeriod List the six Elements of Professionalism - 1) Timeliness 2) Objectivity 3) Respect 4) Confidentiality 5) Honesty and Integrity 6) Knowledge and Competencies Name 4 things to keep in mind when attempting to preserve the scene of a criminal offence. - 1) Follow the directions given by the police 2) Make notes of the evidence and locations if possible 3) Protect the scene, including the perimeter 4) Restrict movement of all involved and around the scene Name 4 things you should do if you become aware of a criminal offence. - 1) Contact your supervisor 2) Contact the local police( if necessary) 3) Record names, addresses, phone numbers, campsites of all involved4) Make notes No person shall _____ or have care and _______ of a motor vehicle while there is contained in the vehicle any ______, exceptions notwithstanding. - drive, control, liquor No person under __ years of age shall have or consume liquor. - 19 Of those two types of law, which do park wardens deal with? - Public Law People will question you about your authorities; _______ them on the _____ and rules as well as their ________. - educate, laws, purpose Section 41(1) deals with ____ liquor in an ____________ place. - open, unauthorized Section 8 of the Charter of Rights and Freedoms says that everyone has the right to be secure against unreasonable search or seizure. What makes a search reasonable? - 1. Authorized by law 2. The authorizing law is reasonable 3. Manner of search is reasonable T or F? A park warden can search a tent/trailer for liquor to curb rowdyism on busy weekends. - False T or F? A park warden is a peace officer. - True T or F? A park warden may arrest for assault, if it is safe to do so. - True T or F? Act on the advice you receive from the local police department, but ensure you only act within the confines of your role in Directive DIR 20.01 - True T or F? Any item that is seized is evidence and chain of custody must be unbroken. - True T or F? Education of the laws and rules should be considered before laying charges - True T or F? If a park warden has reason to believe a person is driving while impaired, they should use their discretion and good judgment to determine if an arrest should be made. - True T or F?Impaired driving is not an arrestable offence according to policy. - False ; Operation while impaired is one of the arrestable offences in policy. T or F? Park wardens will lead any criminal investigation within their park - False ; Police will conduct all criminal investigations within your park. T or F? Police are professionals in federal legislation and should be contacted immediately for serious occurrences. - True T or F? The Criminal Code applies only to the province of Ontario, each province has their own version. - False ; The Criminal Code is federal legislation and therefore applies to all of Canada. T or F? There is no need to make notes on criminal offences you witness since the police are to be contacted right away. - False ; Make notes on every detail, no matter how small they seem, it could make a big difference for the police when they arrive. T or F? You may arrest someone for committing any offence under this Act. - False T or F? You must charge every person you arrest. - False Theft is complete when the ______ __ ________ is moved. - item in question True or false : A park warden is a provincial offences officer. - True True or false : A regulation can stand alone without a supporting Act. - False True or false : Common Law is the generally accepted written laws that evolved out of judges' decisions. - False ; Common Law is the generally accepted UNwritten laws (...) True or False : Criminal offences that could be either Indictable or Summary depending on the seriousness of the offence are called Double offences. - False ; DUAL offences True or False : Everyone has the right on arrest or detention to be informed promptly of the reasons therefor. - TrueTrue or False : Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof, even in accordance with the principles of fundamental justice. - False ; EXCEPT in accordance with the principles of fundamental justice. True or False : Indictable offences are less serious criminal offences with severe penalties. - False True or False : Officially induced error is a defence for strict liability offences. - True True or False : One function of law is to establish our obligations to one another. - True True or False : Our current Constitution, including the Charter of Rights and Freedoms, has been in place since 1982, and directs Canada's governance, judicial system and how laws are made. - False ; since 1867 True or false : Private Law regulates the relationship between government and people. - False ; PUBLIC Law regulates the relationship between government and people. True or false : The maximum fine under a Part III is $10,000. - False ; It is $5,000. Except where otherwise stated in legislation What 2 things are required in order for your arrest authorities to be valid? - 1) Found in contravention 2) Fails to provide ID What 4 things should you do when seizing liquor under the LLCA? - 1) Item should be kept in the same condition as when seized 2) Cork, seal, label and tag the item 3) Store the seizure in a locked cabinet 4) Retain item for appeal period What Act did the POA replace? - The Summary Convictions Act What are 5 signs of intoxication according to the Alcohol and Gaming Commission of Ontario? - 1) Red, glassy, or bloodshot eyes 2) Odour of alcoholic beverage 3) Unsteady on feet 4) Unable to control bodily functions (e.g. fine motor skills) 5) Slurred speach What are reasonable grounds? - A set of facts or circumstances that would lead an ordinary, cautious, and prudent person to believe beyond mere suspicion.What are short-form wordings used for? - Short form wordings are used when completing a provincial offence notice to consistently and briefly describe the offence. What are the 3 things to keep in mind when determining if something is a residence? - 1) Used as a dwelling 2) Includes all premises used in conjunction with the place. (E.g. firepit, picnic table, etc. on campsite) 3) If place is a tent, includes land immediately adjacent to it. (E.g. the campsite itself) What are the 4 distinct criminal offences that policy says a park warden may arrest for? - 1) Assault 2) Theft 3) Mischief(vandalism) 4) Operation while Impaired What are the five Professional Service Practices? - 1) Introduce yourself and your ministry/organization 2) Provide general information regarding the inspection, audit or enforcement process 3) Identify the statutory authority for the inspection, investigation or audit 4) Provide a contact number should further information or feedback be required (if necessary or asked) 5) If asked, inform of formal complaint mechanisms and appeal procedures What are the three categories of a criminal offence? - Indictable, Summary, Dual What are the three OPS Values? - Inclusion, Integrity, Excellence What are the three sources of law? - Statute Law, Common Law, and Case Law What are the two types of law? - Public Law and Private Law What are two rules set out by the Public Service of Ontario Act, 2006 regarding conflict of interest? - 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 activitiesWhat are ways to provide bias-free compliance service? - 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 your search authorities under the LLCA? - If you have reasonable belief that liquor is being unlawfully kept in a vehicle, you may search the vehicle and any person found in it. What could happen if you obtain evidence for a charge by violating someone's Charter rights? - Could face civil or criminal charges. Evidence could be excluded from court. What does Part II deal with? - Parking Infractions
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