Overview
Police Powers and Procedures is a core learning resource designed to
help students gain an understanding of the sources of police powers and
the procedures used to apply them in the real-life world of law
enforcement. This text provides them with the most current case and
statute law --- including legislation that has emerged in the wake of
September 11th --- that defines and shapes Canadian policing practices.
An appendix contains the Police Services Act as well as Regulation
3/99, offering ready access to two key sources of police empowerment.
In a clearly written, well-structured narrative, the authors present
the full complement of themes needed to support classroom learning and
to prepare students for their on-the-job policing experience. Thematic
coverage is more inclusive than in any other text currently available.
Included, for example, are: accountability and the limits of police
power, use of force and officer safety, arrest powers, search and
seizure, and discretion and anti-terrorism legislation. The narrative
is accompanied by an ample program of learning and assessment
activities that allow students to build up their understandings and
competencies as they proceed through the textbook and course. The
strengths and features of Police Powers and Procedures ensure that
students will gain a solid foundation on basic police powers in Canada.
TopContent Summary
- Sources of police powers
- The Police Services Act
- Accountability and the limits of police power
- Use of force and officer safety
- Arrest powers
- Interim release and charging a suspect
- Search and seizure
- Police discretion
- Glossary
Chapter 1 Sources of police powers
Constitutional sources of power
The federal system
Division of powers
Policing under the Constitution Act, 1867
The administration of policing under the constitution
Constitutional limits to power
Legislative sources of police powers
The legislative process
Regulations and municipal bylaws
Judicial sources of law
Key terms
Endnotes
References
Chapter 2 The Police Services Act
Purpose and scope of the Act
An overview of the Police Services Act of 1990
Section 1 Declaration of Principles
Section 2 Definitions
The basic principles of the Police Services Act (s. 1)
Duties of the solicitor general (s. 3)
Services provided by the municipality (s. 4)
Methods of providing municipal police services (s. 5)
Police services boards (s. 27, 31)
Police Services Act regulation 421/97 Members of Police Services Boards — Code of Conduct
Ontario Civilian Commission on Police Services
Organization and function of police services
Members of a Police Service
Duties of the chief of police
Duties of a police officer
Constable selection process
Appointments of cadets, auxiliary members and special constables
First Nations constables
Conclusion
Key terms
References
Chapter 3 Accountability and the limits of police power
Defining police accountability
1. General Principles
2. Rules regarding individual officers
Ensuring Police Accountability
1. Chain-of-Command Accountability and Police Complaint Procedures
2. The Special Investigations Unit
3. The Charter and the exclusion of improperly obtained evidence
4. Civil proceedings against the police
Key terms
References
Chapter 4 Use of force and officer safety
Use of force and public opinion
Authority to use force
The Criminal Code
Provincial statutes
Police Services Act
“Reasonable” versus “excessive” force
The Use of force continuum
Levels of force
Levels of co-operation/resistance
Elements to be considered
Potential effects of specific methods of applying force
Consequences of excessive force
Police complaint procedure
The SIU and criminal courts
The Charter of Rights and Freedoms and the exclusion of evidence
Civil courts
Officer safety
Examples ?
Police stress and coping mechanisms
Key terms
References
Chapter 5 Arrest powers
Arrests under the Charter
Offences
What is an offence?
Federal and provincial offences
Preliminary definitions
Arrest without warrants
Section 495 — Arrest without warrant by anyone
Section 496 — Arrests without warrants by peace officers
Arrest with warrant
Warrant to enter dwelling-houses to carry out arrests
Warrantless entry to a dwelling-house
Other Federal Statutes
Vehicle offences
Proper arrest procedures under the Charter
Conclusion
Key terms
Endnotes
References
Chapter 6 Interim release and charging a suspect
Introduction
Interim release
The identity of the person responsible for the release of the suspect
The factors determining whether or not to release a suspect
Release and compelling attendance at court: The forms
Release by justice (judicial interim release)
General rules to remember for police officers
Officer on the scene:
Officer in charge
Interim release chart
Charging an offender
Requirements for a valid information
Who may lay an information
The hearing into the information
The justice’s decision
The procedure from there
Key terms
CHAPTER 7 SEARCH AND SEIZURE
A historical overview
The Charter
Illegally obtained information under the Charter — section 24(2)
Where to search
Body searches
Private dwellings
Workplaces and schools
Private possessions
The decision to search
Controlled Drugs and Substances Act
Criminal Code
Form 5 — Warrant to search
Execution of the warrant
Restitution of property and report by police officer
Warrantless searches authorized by the Criminal Code
Warrantless searches under common law rules
Searches incidental to arrest
Consent
Exigent circumstances
Conclusion
Key terms
References
Exercises
CHAPTER 8 POLICE DISCRETION
Introduction
Defining "discretion"
Where might discretion be exercised
The balancing act
The stated duties of the police officer
Other considerations
The Charter and human rights statutes
Examples of police discretion
Guidelines for discretion
Key Terms
Exercises
Glossary
