An Auckland pie-lover has been arrested after allegedly stabbing his stepson in the neck.

The man approached police as they were conducting an examination at the scene in South Auckland, but when police ordered him to drop his hands, the man refused to drop his pie, 3News reported.

“It’s only a pie,” the man told police.

When police tried to lead the accused away he attempted to make a deal – the rest of the pie, which had been left on the ground, as reward for handing himself in.

It was believed the two men began fighting about 6am and both had probably been drinking, Detective Sergeant Len Leleni of Manukau police said.

A 25-year-old man had received stab injuries and defence wounds.

The victim was now recovering in Middlemore Hospital in a serious but stable condition.

His alleged attacker was this afternoon charged with wounding with intent to cause grievous bodily harm and will appear in court tomorrow.

See the original site

This isn’t the only thing to happen in the land of pies involving the New Zealand Police, either.

Embedded behind the cut, but here’s the youtube link.

From Stuff.co.nz, By The Press’s Giles Brown

When you’ve got to go, you’ve got to go. However, a young West Coast man has found out that there is a time and a place.
Ryan Stentiford, 21, of Greymouth, has pleaded guilty to trespass after entering a police car park.
On November 1, Stentiford walked into the Greymouth Police Station carpark and relieved himself on a police car.
The Greymouth District Court heard yesterday that Stentiford, who was drunk, was walking along the town’s Guinness St when he made a detour for his toilet stop.
“It was like sticking your hand up and saying ‘book me’,” Sergeant Nigel Orpwood, of the Greymouth police, said after Stentiford was arrested.
Defence counsel Vicki Walsh told the court it was “rather unusual behaviour, and clearly the defendant is embarrassed by his own actions”.
“He doesn’t have a clear memory of the event or why he went onto police property.”
Police officers had caught Stentiford in the act and had made him wash the car.
Yesterday, Judge Jane Farish gave Stentiford, a mine worker, an ultimatum.
“If you go and clean one of the cars at the police station, you can come back this afternoon and I will discharge you without conviction,” she said.
“I will clean the car, thanks,” Stentiford said and left the court.

Okay, this one’s mostly just for the sheer amusement factor. Not for the issue that he was charged with, but for the community policing involved in the sentencing.

Sometimes, I just adore my country’s attitude.

Crises of Loss (death, dying, AIDS, death notification)

Crises of Loss

Death and Dying… Kubler-Ross’ 5 Stages : Denial & Isolation, Anger, Bargaining, Depression, Acceptance

Definitions of terms:  Bereavement (state of loss), Grief (feelings of sorrow, anger, guilt), Mourning (expression of grief)

Tasks of Mourning (accepting the reality of loss; experiencing the pain of grief; adjusting to the environment; withdrawing emotional energy & reinvesting in another relationship)

Manifestations / Determinants of grief

What is an approriate way to “intervene” with loss issues? Do’s and Don’ts. How best can a police officer handle death notification? Guidelines provided by MADD and others. What is important to consider when the loss is a child?

Information of AIDS : facts vs. fiction; misconceptions and reality; application to policing

Elizabeth Kubler-Ross spoke and wrote extensively on the subject of death and dying (1969 was her first publication). Her view was that as the world modernized, we became further removed from the natural aspects of death and as North Americans, we grew more fearful and uncomfortable with death, itself. Today, she might add that we fear not only death but aging, too! Kubler-Ross noted patterns in her terminally-ill patients (she worked mainly with cancer patients) and presented to the world her “5 stages of dying”. She recognized that not all patients go through all 5 stages, nor in that order. However, many do. And so do the survivors (often the loving family members of the dying patient). Perhaps you have heard of the 5 stages, even if you haven’t heard her name before. It is generally accepted today, that many of us go through these 5 stages in our lifetime, over many kinds of loss, not just loss experienced through death (ie. loss of major job, loss of a major relationship). Have you experienced these stages? Or witnessed these stages in others?

Research in the field illustrates that one usually goes through developmental stages in the mourning process. To lose someone we love is extremely difficult and often we need to first accept that the loss is real (attending the funeral helps one with this part of the process). We need to allow ourselves to experience the pain of this loss (publicly and/or privately). Usually, we need some time to adjust to the physical environment where the deceased is gone. This might take a long time. Imagine a couple married 50 years, and the difficulties adapting to the absence of the other, on a daily basis. Finally, the fourth “task” requires recognizing that one can withdraw some of the emotional energy for the deceased and begin to slowly reinvest that energy into other relationships… with other surviving children, other friends, perhaps another partner.

In class, we reviewed the 27 do’s and don’ts of death notification as compiled by MADD. Some of these are:

- Always notify in person, don’t call. Do not take any possessions of the victim to the notification. If there is absolutely no alternative to a phonecall, then you must first arrange for a professional, neighbour, or a friend to be with the next of kin when the call comes.

- Take someone with you.

- Talk about your reactions to the death with your partner before the notification to enable you to better focus on the family when you arrive.

- Present your credentials and ask to come in. Sit down and ask them to sit down. Be sure you have the nearest next of kin (do not notify siblings before notifying parents or spouse). Never notify a child. Never use a child as a translator.

- Use the victim’s name… “Are you the parents of ___________?”

- Inform simply and directly with warmth and compassion.

- Don’t use words like “expired” or “passed away” or “we’ve lost ___”.

- Sample script: “I’m afraid I have some very bad news for you. Name has been involved in __________ and he/she has died”. (Pause briefly to allow them to digest this). “I am so sorry.”  Adding your condolence is very important because it expresses feelings rather than just the facts, and invites them to express their own.

- Continue to use the words dead or died through ongoing conversation. Continue to use the victim’s name, not “body” or “the deceased”.

- Don’t blame the victim regardless of what you may know. It’s not the place nor time.

- Don’t discount feelings. Intense reactions are normal: fight, flight, freezing.

- Answer all questions honestly. Do not give more details than asked for.

- When a child is killed and one parent is home, notify that parent, then offer to take them to notify the other parent.

- Don’t speak to the media without the family’s permission.

- Don’t leave a survivor alone. Be prepared to wait for someone else to arrive to support them before you leave.

- Call or visit again the next day. They will probably have more questions the second day than they did initially.

- Let the survivors know you care. Attend the funeral if you can. The best first responders are those who are willing to share the pain of the loss.

- Debrief your personal reactions with qualified disaster mental health personnel on a frequent and regular basis. Don’t try to carry the emotional pain by yourself, and don’t let your emotions and the stress you naturally experience in empathizing with the bereaved build into a problem for you.

We also explored some common misconceptions regarding AIDS and it’s impact upon policing. AIDS is a virus that invades the body, disrupting the immune system so that it can’t protect itself, especially against deadly infections. It is life-threatening, and most die within 6 months to 2 years after the AIDS diagnosis (not the HIV diagnosis).

AIDS is not primarily a homosexual issue… in fact, homosexual transmissions of AIDS are down, and heterosexual, mum-to-infant, and IV-drug user transmissions are all up. In Africa, it is the 25-40 year old group of heterosexuals that are the most severely affected with AIDS. There is a 100% chance of spreading AIDS with needle sharing. BUT, AIDS is NOT spread by kissing, touching, sharing utensils or water bottles. The concentration in saliva is too small to be spread this way. It is not spread through the air like flu viruses. AIDS is spread solely through exchange of bodily fluids, primarily semen and blood.

Substance Abuse (drug abuse crises, models of addiction, dynamics of alcoholics & those involved with alcoholics, other drugs)

The Crisis of Addiction and the impact in policing

Defining substance abuse (a maladaptive pattern of use, impairment, distress, and demonstration of 3+ of the following over 12 months:  tolerance, withdrawl, larger amounts/longer time period, desire to cut down, time spent in using, obtaining, & recovering; social, occupational activities given up, continued use despite knowledge of damage).

4 main types of drug abuse crises:   Medical, Legal, Psychological, Spiritual

The key models of addiction (from the behaviour learning model to the sociocultural model)

The dynamics of the alcoholic: issues, common emotions, defense mechanisms, impact upon self and family members.

The “co-dependent”; ACOA (adult children of alcoholics), the roles kids of alcoholics adopt

Other drug/substance abuse: Cocaine, crack, speed (the amphetamines); LSD; Heroin: Marijuana

Gambling Addictions/Problems… research; Canadian statistics.

PTSD (what it is, causes, symptoms, officer vulnerability)

POST-TRAUMATIC STRESS DISORDER is experienced by someone who witnessed or was involved in a severely traumatic event (war, rape, fire, car accident) and is currently (months, even years later) not functioning well due to “lack of integrating the trauma and laying it to rest”.

- often described as “psychic trauma revisited”

-1st diagnosed with Vietnam war vets; then rape trauma victims

- definition (criteria for DSM-1V diagnosis) and common symptoms: numbing (of emotions), repressed memory, recurrant or intrusive thoughts, dreams and feelings of the trauma, efforts to avoid “triggers”, insomnia, irritability, hypervigilance, increased startle response, sense of foreshortened future, feelings of detachment from others.

- police officers at high risk of developing PTSD due to likelihoond of traumatic events/ critical incidents

examples include: losing a partner in line of duty, having to take a life in line of duty, being violently assaulted, attending occurences where children have been killed, intervening/witnessing a suicide, attending car crashes with severe injury/death.

If an officer is overwhelmed with the stress of the critical incident and does not seek help, ptsd will develop. Serious condition that may lead to personality changes, illness, or even suicide

- severity required to induce PTSD varies from person to person

- PTSD does not always manifest itself immediately

- contributing factors: proximity of the person to the event;  close involvement;  person’s mental, emotional and physical state;  event has special significance;  stress management skills;  help received after the trauma

- What is in practice today to reduce the likelihood of a police officer experiencing PTSD? CISD (Critical Incidence Stress Debriefing)

CHILD ABUSE

- common signs of PHYSICAL abuse in children (behavioural & physical signs)

How might a child behave if he/she is being physically abused? Some behavioural indicators:

unable to recall how injuries suggestive of abuse occurred

very aggressive/extremely withdrawn

vacant stare

indiscriminately seeks affection

compliant/eager to please

caters to parents needs

models negative behaviour when playing

dresses inappropriately in an attempt to hide injuries

runs away/is afraid to go home

describes incidents of abuser

behaves in a way that provokes punishment

flinches or pulls away if touched unexpectedly

Some physical signs of physical abuse:  bruises, welts or lacerations that are unexplained;  injuries to parts of body that are not typically injured in play or sports (suspicious locations for injuries are mouth, other parts of face, the backs of legs, the buttocks, soft tissue area like the abdomen). Abusive injuries may also take the shape or pattern of imprints of objects such as belts, cords, etc. Numerous bruises of various colour (indicating different time frame for multiple bruises) might indicate abuse. Unexplained burns:  small, circular burns from cigarettes, immersion burns from hot water, rope burns on neck, arms, or legs.

- common signs of SEXUAL abuse in children (behavioural & physical signs)

BEHAVIOURAL signs include: age-inappropriate sexual play with toys;  child touches himself sexually at inappropriate times;  age-inappropriate sexually explicit drawings;  evidence of sexual knowledge beyond that of children of same age;  refusal to go home for no apparent reason;  fear of being in particular area of house; hints at being sexually abused.

In teens: depression, self-destructive behaviour such as alcohol or drug abuse, aggressive or sexually suggestive behaviour;  promiscuity or prostitution;  reoccurring references to sexual abuse in school essays; sexually transmitted diseases or pregnancy.

PHYSICAL signs of sexual abuse might include: STD’s, unusual itching or pain in the genital or anal area; blood in urine or stools; bruises, lacerations, redness or swelling in the genital or anal area;  torn or bloodied underclothing;  pregnancy.

Note that sexual abuse does not always involve physical contact. Many other forms of sexual abuse can be perpetuated on the child. These include: exposing the child to adults engaged in sexual activity, having the child view pornography, having the child undress in front of the abuser, take pictures of the child in various poses, watch the child using the bathroom, having the child touch his/herself sexually. The abuser can be charged with Corruption of a Minor, Criminal Cod, Section 172.

SIGNS OF NEGLECT

- child inappropriately dressed for season;  child is extremely dirty;  child suffers from very poor dental or medical care;  child left with inappropriate caregivers or left unattended for long periods of time excessive to the child’s age;  child lacks shelter;  child is malnourished; child suffers extreme diaper rash due to lack of proper hygiene.

- behavioural signs might include: slowness in development of speech and motor skills;  lack of attachment to parents;  overly attached to other adults;  exessive demands for affection and attention;  poor school performance;  illegal use of alcohol and drugs.

Please note that it is much more likely an officer lays charges of physical or sexual abuse than neglect. Charges of neglect are rare. Usually the neglect has to be extreme in order for a conviction.

Spousal Assault (cycle of violence; characteristics; appropriate police intervention)

SPOUSAL ASSAULT

- statistics & myths

- types of abuse

- the cycle of violence ( occurence, reconciliation, honeymoon, tension building)

- characteristics of the abusive spouse

- characteristics of the abused spouse?

- Police Intervention in Spousal Assault … responding officer procedure, do’s and don’ts

- Victim assistance

- Officer Safety

Sexual Assault ( myths and facts; dynamics / characteristics; rape trauma syndrome)

SEXUAL ASSAULT

Rape is about desire –> Rape is about Power
the girl is asking for it

Only bad women are raped/rape is uncommon

fundamental assumptions:
rape is not sex
rape is an uninvited act
rape can happen to anyone
rapists come from every segment of society
incidence of sexual assault is under-reported
almost all perpetrators are men, most survivors are women and children
recovery of survivors is enhanced by the empathic help and understanding of persons close to them

dynamics of rape
personal & psychological factors
the male offender (Williams and Holmes, 1991)
-acts in hostile, aggressive, condescending, domineering manner, even though he may feel weak, inadaquate, dependent
-lacks the skills to make his point in society
-power: control, proves self
-anger: violence more likely
-sadism: extra violence, mutilates or tortures

the female who is assaulted
fears for her life
may respond by exhibiting no emotions
feels humiliated and demeaned
might blame self
may feel hatred towards rapist
immediate and long-term trauma is very possible
may fear police and/or crisis centre
will never be the same (although she may learn how to cope and/or recover)

rape trauma syndrome
stage 1: acute/crisis reaction. 2-6 weeks. emotional pain, physical pain. sleep disturbances are common, sense of vulnerability at night. eating disturbances, nausea, hysteria, fear . anxiety, humiliation, guilt, anger, acute sense of vulnerability. previous coping styles will influence response
stage 2: reorganisation. begins to realise she’ll get through it, may tell herself she needs to get back to the real world, may lead to minimalisation or denial of the rape; if there is no professional help, she may stay stuck here. is functioning, but at lower levels. mood swings, depression, psychosomatic illnesses, substance abuse, phobias, failed relationships, sexual dysfunctions, suicide attempts, revictimisations
stage 3: reintergration. moves from being a victim to a survivor. intergrates what has happened to her. may emerge stronger, more assertive,, more aware of her self-worth and increased self-esteem.

Elder Abuse (types, signs, reasons, appropriate police intervention)

Elder Abuse

Violence or mistreatment by someone on whom the elderly person is dependent, e.g.:

Isolation

Beatings

Stealing monies

Usually not reported by victims

Types:

Physical abuse – assault, sexual assault, confinement

Financial abuse- theft or misuse of money, extortion of money or property

Neglect – withholding necessitates of life (food, shelter, clothing, health care)

Mental abuse – humiliation, insults, threats, etc (only threats are criminal offence

Signs of elder abuse

Signs of depression, fear, anxiety, passivity

Unexplained physical injuries

Dehydration or malnutrition

Poor hygiene (possibly bedsores)

Effects of overmedication

Missing property

Missed medical or social appointments

Note: many of these signs may not be abuse. Also, possibility of self-neglect

Reasons for elder abuse

Elder abuse can be inflicted by family, professional caregivers, institutions, etc.

Stress is often a cause, complicated by financial dependence, mental impairment

May feel sandwiched

Cycle of violence continuation

Vulnerability of elderly makes them an easy target for those who are stressed, emotionally disturbed, greedy, controlling, addicted, etc

Police intervention

Meet needs of victim yet investigate thoroughly

Victim may be reluctant to provide info

Officer must not be influenced by ‘alternate care as only solution’; abuse must be stopped

Obtain detailed statement from victim, neighbours, clergy, etc

Possibly consult health records (with victim’s permission)

Note: eyesight/hearing problems, etc

Empathy and kindness critcal to obtain trust, information

Mentail health mayu be impaired by depression, dementia, alzheimers, etc

Suicide risk may be assessed

CISD ( what it is, 7 stages, purpose, why it works)

Ptsd

Severe disabling variation of occupational stress

Estimated 9% of young adult population (U.,S0

No agreement upon treatment of choice

CISD

Developed by Jeffrey Mitchell to prevent ptsd in high risk populations

Method for mitigating harmful effects of work related trauma

Over 400 cisd response teams

Designed for firefighters, police, paramedics

Adopted by military, clergy, business, eap

Cisd tems

Partnership of mental health professionals and emergency workers to prefvent, mitigate, the negative impact of acute stress on selves and others

Mental health oprofessionals with masters degree

Peer support personnel from occuaton

Cisd defined

Process of group meetings./discussions about the traumatic event

Based in crisis intervention theory

Mitigate the psychological impact of trauma, and to prevent ptsd

Early warnings of possible ptsd

Stages of CISD

Introduction

Objectives:

-introduce team, explain process, set expectations

Fact

-describe traumatic event from each participant’s perspective (cognitive level)

Thought

Participants describe cognitive reasons and transition to emotional reactions

Reaction

Identify the most traumatic aspect of the event; emotional reactions

Symptom

Identify personal symptoms of distress and transition back to cognitive level

Teaching

Educate as to normal reactions; adaptive coping mechanisms; provide cognitive anchor

Reentry

Clarify ambiguities and prepare for termination

Debriefing is educational/psychological, but is not psychotherapy

Structured group meeting to discuss thoughts and emotions about distressing event in a controlled environment

Defusing is into, explanation, information, no more than an hour, much more flexible

Why does CISD work?

1) early intervention
before memories concretise or distort

2) Opportunity allows for catharsis
ventilate emotions
reduce stress, improve immune functioning

3) Opportunity to verbalise trauma
verbally reconstruct – fears, regrets, etc

4) Structure
very definite beginning and end, superimposed over chaos

5) Group support
group education/healing
exchange ideas, normalise, modelling
help self by helping others
hope generated

6) Peer support
value of peers as support models (especially when group views itself as ‘unique’)

7) Allows for follow-up
identify individuals who need/seek more help

Test structure

Death and dying; AIDS

2t/f

5m/c

0sa

Kubler-Ross 5 stages of dying

Addictions

1 t/f

6 m/c

1sa

PTSD

1t/f

1m/c

0sa

Spousal assault

7t/f

4m/c

1sa

Sexual assault

4t/f

7m/c

1sa

Child abuse

3t/f

0m/c

1sa

Elder abuse

1t/f

0m/c

1sa

CISD

1t/f

2m/c

2sa

Other notes:
Search powers:
When search powers are not listed within the act, a reliance upon Search Incident to Arrest is permitted.

Provincial Offences Act pp1-42
(POA)
Part I Offences
-most commonly used provision
-provides options for paying out of court, pleading guilty
with an explanation or requesting a trial
-three limits to using Part I
-must be served within 30 days of the offence
-jail is not an option if Part I used
-fines limited to $500 if Part I used
-the defendant must utilize one of the 3 options within 15 days of service
Penalty under Part 1: Maximum Fine of $500.00 (sec 12(1))

Part II Offences
-used for parking violations
-officer who has a personal belief that an infraction has occurred may:
-issue a certificate of parking infraction certifying that an offence has taken place, or
-issue a parking infraction notice indicating the set fine for the infraction
-service may be made personally, but Part II also authorizes service by placing notice on windshield of the vehicle
Part III Offences
-used most often for the most serious provincial offences
-must be used when jail may be sought by the prosecutor
- must be used when fine higher than $500 may be sought by the prosecutor
-must be used if more than 30 days have passed since the offence date
-Section 22 authorizes a personal service Part III summons, “on the spot” of the offence

Failure to respond to Offence Notice
Where at least 15 days have elapsed after the defendant was served with the offence notice, the defendant shall be deemed to not wish to dispute the charge and a justice shall process the notice in accordance with the Act.

Limitation Sec 76(1)
Proceedings shall not be commenced after the expiration of any limitation period prescribed by or under any act for the offence or, where no limitation period is prescribed, after six (6) months after the date on which the offence was, or is alleged to have committed.

Young Person
-a young person is defined as: anyone, who at the time of the offence, was 12 years of age or more, but less than 16 years of age
-identity of young persons charged under this Act can not be published
-notice to parent is required to be served when a young person is charged with an offence
-Part I offence notice not to be used, must be Part I or Part III summons, requiring appearance in court

Use of Force, Provincial Offences Act
146. (1) Every police officer is, if he or she acts on reasonable and probable grounds, justified in using as much force as is necessary to do what the officer is required or authorized by law to do.

Use of force by citizen

(2) Every person upon whom a police officer calls for assistance is justified in using as much force as he or she believes on reasonable and probable grounds is necessary to render such assistance.

Use of Force, Canadian Criminal Code
s25: Protection of persons acting under authority/idem/when not protected/when protected/power in case of escape from penitentiary
(1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law
(a) as a private citizen
(b) as a peace officer or public officer,
(c) in aid of a peace officer or public officer, or
(d) by virtue of his office
is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.
(2) Where a person is required or authorized by law to execute a process or to carry out a sentence, that person or any person who assists him is, if that person acts in good faith, justified in  executing the process or in carrying out the sentence nonwithstanding that the process or sentence is defective or that it was issued or imposed without jurisdiction or in excess of jurisdiction.
(3) Subject to subsections (4) and (5), a person is not justified for the purposes of subsection (1) in using force that is intended or is likely to cause death or grevious bodily harm unless the person believes on reasonable grounds that it is necessary for the self-preservation of the person or the preservation of any one under that person’s protection from death or grevious bodily harm.
(4) A peace officer, and every person lawfuly assisting the peace officer, is justified in using force that is intended or is likely to cause death or grevious bodily harm to a person to be arrested, if
(a) the peace officer is proceeding lawfully to arrest, with or without warrant, the person to be arrested;
(b) the offence for which the person is to be arrested is one for which that person may be arrested without warrant;
(c) the person takes flight to avoid arrest;
(d) the peace officer or other person using the force believes on reasonable grounds that the force is necessart for the purpose of protecting the peace officer, the person lawfully assisting the peace officer or any other person from immindent or future death or grevious bodily harm; and
(e) the flight cannot be prevented by reasonable means in a less violent manner
(5) A peace officer is justified in using force that is intended or is likel to cause death or grevious bodily harm against an inmate who is escaping from a penitentiary within the meaning of subsection 2(1) of the Corrections and Conditional Release Act, if
(a) the peace officeer belives on reasonbale grounds that any of the inmates of the penitentiary poses a threat of death or grievous bodily harm to the peace officer or any other person; and
(b) the escape cannot be prevented by reasonable means in a less violent manner

Arrest powers
None within the POA itself; some may be found in the individual statutes
(-section 145 does authorize anyone to arrest someone who is escaping from a police officer who has lawful authority to arrest that person, but the original arrest authority still needs to come from the individual Act)

Blind Persons’ Rights Act pp189-193
(BPRA)

Definitions

1. (1) In this Act,

“blind person” means a person who because of blindness is dependent on a guide dog or white cane;

“guide dog” means a dog trained as a guide for a blind person and having the qualifications prescribed by the regulations.

Four offences:

s2(1)    Discrimination of accommodation, service, or facility, due to a guide dog’s presence
–You can’t
Fine: Up to $5000

s2(2)    Denying occupancy of self-contained accommodation due to a guide dog’s presence
–You also can’t
Fine: Up to $5000
s3        Use of a white cane by someone other than a blind person
–Just don’t. See also potential fraud artist
Fine: Up to $500
s4(3)    Failing to return identification issued under this act
–When the attorney general of the province issues a request for its return
Fine: Up to $500
Arrest powers None
Search powers None
Use of Force No provisions. go to s25 C.C. or s146 POA for general provisions re: Use of Force
Limitation Period Doesn’t extend the general limitation period; limitation period remains at six months
Non-police agencies? None involved in enforcement – Canadian National Institute for the Blind (CNIB) may be a resource as expert witnesses and public informations, etc.

Fish and Wildlife Conservation Act (Not within either POA or PO:ETfLE)

Conservation Officers
s87(1)
The Minister may appoint a person or class of persons as conservation officers for the purpose of this Act.
Sec 87(2)
The following persons are conservation officers for the purposes of this Act by virtue of their office:
1. A police officer or First nations Constable appointed under the Police Services Act.
2. A member of the R.C.M.P.
3. A Game Officer designated under the Migratory Birds Conservation Act.
4. A Park Warden designated under the National Parks Act (Canada), if he or she is acting under the direction of a conservation officer appointed under subsection (1).
5. A person whose primary employment responsibility is the enforcement of fish and wildlife laws in, Manitoba, Quebec, Michigan, Minnesota, New York, Ohio, Pennsylvania or Wisconsin, if he or she is acting under the direction of a conservation officer appointed in subsection (1)
Sec 89(2)
On being signaled by a C.O. to stop, operator of a vehicle, boat or aircraft shall immediately produce for inspection any wildlife, invertebrate, fish, or document or other thing requested for the purpose of this Act.
Sec 90(1)
C.O. may enter and inspect any building or other place including:
- building or other places where licensees are issued
- building or other places that relates to wildlife, invertebrates, or fish
- building or other places that relates to hunting, trapping, or fishing
NOTE This does not apply to a place or building being used as a dwelling house.
Sec 90(4) Warrant for Dwelling
A J.P. may issue a warrant authorizing a C.O. to enter a dwelling house if satisfied with the information provided under oath
Sec 90(6)
Time of entry shall be made at the time that is reasonable in view of the activity that is being conducted in the building or other place.
Sec90 (7) Powers during Inspection
C.O. during inspection may:
- inspect wildlife, invertebrates, fish
- Inspect a document required to be kept under this Act, relating to wildlife, invertebrates, fish
- use or cause to used a computer to examine information contained on a computer system
- inspect any other thing that is in the building
- ask questions that may be relevant to the inspection
- conduct tests that may be relevant to the inspection
Sec 90(10) Removal
C.O. may remove any documents or things for the purpose of making copies or future inspection. Documents shall be returned promptly to the person
they were taken from.
Sec 91(1) Search with a Warrant
C.O. may obtain a warrant to search under Part VII of the P.O.A.
Sec 91(2) Search without a Warrant
If a C.O. believes there is anything in a building or any other place, that will afford evidence of an offence, and the time required to obtain a
search warrant would result in the loss of evidence, he/she may enter and search without a warrant.
Sec 91(3) Dwelling
Subsection (2) does not apply to a dwelling.
Sec 91(5) Necessary Force
C.O. may exercise as much force as is necessary in the execution of a search warrant or to exercise any authority given by this section.
Sec 92 (1) Seizures
C.O. is lawfully in a building or any other place, without a warrant, may seize anything they believe on R&PG:
- has been obtained by the commission of a offence
- has been used in the commission of an offence
- will afford evidence of the commission of an offence
- is intermixed with a thing referred to in the above three
Sec 92(4) Return of things Seized
Any thing seized and not forfeited under this section shall be returned if:
- a charge was not laid at the conclusion of the investigation
- a charge was laid but the defendant was acquitted or charge was withdrawn or dismissed
Sec 92(9) Forfeiture to Crown on conviction
If a person is convicted of an offence, the justice may order that the thing seized be forfeited to the Crown.
Sec 93(1) Arrest without Warrant
A C.O. may arrest any person they believe on R&PG is committing, has committed or is about to commit an offence under this Act.
Sec 93(3) Release
Upon arrest, once the C.O. is satisfied that R.I.C.E. and 4P’s have been met, they shall release the defendant on summons or offence notice.
Sec 94 Entry on Private Land
C.O. acting under this Act may enter on private land for investigation purposes.
Sec 96 Obstruction of a Conservation Officer
No personal shall knowingly make a false misleading statement to a C.O. who is acting under this Act.

Liquor Licence Act pp45-74
(LLA)
Common Offences and/or provisions
1) Offences relating to minors, or those under 19 years of age (POACH)
Minors
(P) purchase
(O) otherwise obtained
(A) attempted purchase
(C) Consume
(H) have
Exception: sec 30(9) L.L.A
18 years old during employment on premise
2) Intoxicated in public place or common area (see the arrest powers, because there’s no point in me putting it twice…)
3) Unlawful sale/purchase

Unlawful purchase

27. No person shall purchase liquor except from a government store or from a person authorized by licence or permit to sell liquor.

Sale to intoxicated person

29. No person shall sell or supply liquor or permit liquor to be sold or supplied to any person who is or appears to be intoxicated.

Rules, persons under 19

30. (1) No person shall knowingly sell or supply liquor to a person under nineteen years of age.

Idem

(2) No person shall sell or supply liquor to a person who appears to be under nineteen years of age.
4) Unlawful possession

s31 Unlawful possession or consumption

(2) No person shall have or consume liquor in any place other than,

(a) a residence;

(b) premises in respect of which a licence or permit is issued; or

(c) a private place as defined in the regulations. R.S.O. 1990, c. L.19, s. 31 (2).

Exception

(3) Subsection (2) does not apply to the possession of liquor that is in a closed container.
5) Unlawful consumption (see above)

Arrest powers
1. Intoxicated in public place or common area, and danger to anyone

s31 Unlawful possession or consumption – Intoxication

(4) No person shall be in an intoxicated condition,

(a) in a place to which the general public is invited or permitted access; or

(b) in any part of a residence that is used in common by persons occupying more than one dwelling in the residence.

Arrest without warrant

(5) A police officer may arrest without warrant any person whom he or she finds contravening subsection (4) if, in the opinion of the police officer, to do so is necessary for the safety of any person. R.S.O. 1990, c. L.19, s. 31 (5).

Interpretation

(6) In this section, a reference to a police officer includes a conservation officer.

2. LLA offence committed and person fails to identify him- or herself (until the arresting officer is satisfied by the proven identification)

Arrest without warrant

48. If a police officer finds a person apparently in contravention of this Act or apparently in contravention of a prescribed provision of the regulations and the person refuses to give his or her name and address or there are reasonable grounds to believe that the name or address given is false, the police officer may arrest the person without warrant.
Search powers
1) Vehicle or vessel and any person found in it
2) Police officer carrying out powers of inspector of licensed premises

Use of force:
1) No specific use of force for arrest (refer to s25 C.C., s146 POA)
2) A permit or licence holder is authorized to use as much force as is necessary to remove or cause to be removed a person who is unlawfully on the premisis or who is contravening the law on the premises
3) Police officer who reasonably believes the LLA or its regulations are being contravened on any premises may order everyone, except those who actually reside there, to vacate the premises

Limitation period:
Two years from date of offence; not limited to six months general provision

Offences

61.

Limitation

(8) Subject to subsection (9), no proceeding under this section shall be commenced more than two years after the offence was committed.

Non-police agencies involved:
Liquor inspector
Alcohol and Gaming Commission

Child and Family Services Act pp243-265
(CFSA)
Purpose of the Act.
- Assist the Children’s Aid
- Emergency
- Protection/Enforcement
- Police Action Required

Child sec 3(1):
Any person under the age of 18 years.

Child in need of protection sec 37 (1):
Actually OR apparently 15years and under – PLUS – 16 and 17 years old in care of the Children’s’ Aid (ward)

Child under 12 commits offence sec 42 (1)
Obviously under 12 years old

Child Protection worker sec 37 (1)
Means a director, a local director or a person authorized by a Director for the purpose of section 40 (commencing child protection proceedings)
Place of Safety
A Foster home, a hospital or any place designed by the Director of the Children’s Aid.
NOTE a Police Station is not a place of safety.
*** If Police or Child Protection worker believes on reasonable and probable grounds that a more secure place is required, then the child may be detained in a place of open temporary detention as defined by the Ministry***

Offence committed by a child under 12 years
A peace officer who believes on R &PG that a child actually or apparently under 12 years committed an offence, may apprehend the child and:
- Return the child to their parent or guardian
Or
- if impossible, take them to a place of safety.
Note:
You can not charge the child, but you may apprehend them.
The offence can be any kind that has a penalty (Federal, Provincial or Municipal)

Child in need of Protection sec 37 (2)
a) Physical harm
- by a person having charge
- failure to care
- risk of physical harm
b) Substantial risk physical harm
c) Sexual molestation or exploitation
- person having charge
- knowledge of the other
- failed to prevent
- risk of molestation or exploitation
d) Substantial risk of sexual harm
e) Requires medical treatment
- person in charge refuses
- not available to consent
f) Emotional harm
- severe anxiety
- depression
- ( withdrawal) withdrawn
- self destructive behavior
- not available to consent- person in charge
- risk
g) Substantial risk emotional harm
h) Mental condition requires treatment
i) Child abandon
- parent deceased
- not available
- no provisions made
- parent refuses to provide
j) Child under 12 – kills/injures person or severe damage to property
k) Child under 12 encourage to kill etc.
l) Parents unable to care for child
- brought before the court
- parents consent
- 12 yrs or older with child’s consent

Duty to report Child Abuse

Sec 72 (2) A person who on reasonable grounds that a child is or may be in need of protection shall forthwith report the belief and the information upon which it is based to C.A.S.

Sec 72 (3) Professional people shall report forthwith the suspicion of the abuse and the information on which it is based to the C.A.S.

There are 3 Authorities to bring a child in need of Protection to a Place of Safety

Warrant to Apprehend child sec 40(2)
A justice of the peace may issue a warrant authorizing a child protection worker to bring a child to a place of safety if the Justice of the peace is satisfied on the
basis of a Child protection worker’s sworn information that there are reasonable and probable grounds to believe that,
A) the child is in need of protection
B) a less restrictive course of action is not available or will not protect the child adequately.

Court order 40(4)
Where the court is satisfited, on a person’s application upon notice to C.A.S., that there are R&PG to believe that:
A) child is in need of protection
B) the child cannot be protected adequately otherwise that by being brought before the court,
the court may order
C) child be produced before the court to determine if they are in the need
D) if clause C will not protect the child, apprehend the child immediately.

Apprehension without warrant 40(7)
A child protection worker who believes on R&PG that;
A child is in need of protection and there would be substantial risk to the child’s health or safety during the time necessary to bring the matter on for a hearing.
And in each case the Police or Child Protection Worker are authorized to enter, search for and remove the child with as much force as necessary.

Peace Officer’s Powers sec 40(13)
A Peace Officer has the powers of a Child Protection Worker

Sec 40 (13) provides for protection from Liability.

Curfew
Sec 79 (5)
When: Midnight – 6 a.m.
Who: A child who is actually or apparently under 16 years
Unaccompanied by a resonable adult
Where: In a place to which the public has access.
What: Return the child to parent or guardian or if impossible to a place of safety
Parent can be charged up to $1,000. Or 1 year in jail or BOTH – sec 85(1)

Common offences and/or provisions:
1) Powers to apprehend children in need of care and protection
2) Requirement for certain professionals to report suspected child abuse

Arrrest powers:
None given – four categoeies of possible apprehension sans warrant
1. Where child is in need of care and protection, too dangerous to wait for order
2. Where child leaves care & custody of those given authority for the child’s custody, too dangerous to wait for order
3. Where child leaves care & custody of place of open temporary detention, without consent of those having custody and peson in charge of place of safety
4. Where child under 12 has apparently committed an offence for which child over 12 or older could be found guilty

Search powers:
Peace officer or child protection worker may enter any place, search for and remove a child, when authorized under s.40(6)
Peace officer or child protection worker may enter any premises without warrant, when reasonable and probable grounds that child is in need of care and protection and is too dangerous to wait for warrant; may search for and remove that child under s40(11)
Peace officer or child protection worker acting on a warrant to return runaway child may enter any place named in warrant, search for and remove a child under s44(1)

Use of Force
Whenever the CFSA authorizes apprehension of child by warrant/order/without warrant, Act also authoizes the person to use force if necessary to enter premises, search for child, and/or remove child.

Warrants, orders, apprehension, etc.

40.

Authority to enter, etc.

(6) A child protection worker authorized to bring a child to a place of safety by a warrant issued under subsection (2) or an order made under clause (4) (d) may at any time enter any premises specified in the warrant or order, by force if necessary, and may search for and remove the child.

Limitation period
Six months from date of offence

Non-police agency involved
Children’s aid societies

Trespass to Property Act pp87-96
Terminology
► Occupier
-a person with control over the premises, or authorized to exercise control over the premises
► Premises
-broad enough to include almost any property, as well as vehicles, trailers and portable structures
Colour of right as a defence
It is a defence to a charge under this act in respect of premises that is land that the person charged reasonably believed that he or she had title to or an interest in the land that entitled him or her to do the act complained of.

Sec 2(2)
Prohibition of entry

Sec. 3 (1)
(a) Entry on premises may be prohibited by notice to that effect and entry is prohibited without any notice on premises, that is a Garden, Field or cultivated land Lawn, orchard, vineyard, and Premises that trees have been planted and have not attained an average height of more than 2 metres and woodlots on land used primarily for agricultural purposes or
(b) that is enclosed in a manner that indicates the occupier’s intention to keep persons off the premise s or to keep animals on the premises.

Implied Permission
Sec 3(2)
There is a presumption that access for lawful purposes to the door of a building on premises by a means apparently provided and used for the purpose of access is not prohibited.

Limited permission
Sec 4(1)
Where notice is given that one or more particular activities are permitted, all other activities and entry for the purpose are prohibited and any additional notice that entry is prohibited or a particular activity is prohibited on the same premises shall be construed to be for greater certainty only.
Sec 4(2)
Where entry on premises is not prohibited under this act or by notice that one or more particular activities are permitted under sec. 4(1), and notice is given that a particular activity is prohibited, that activity and entry for the purpose is prohibited and all other activities and entry for the purpose are not prohibited.

Form of a sign
Sec. 6(1)
A sign naming an activity or showing a graphic representation of an activity is sufficient for the purpose of giving notice that the activity is permitted.
Sec. 6(2)
A sign naming an activity with an oblique line drawn through the name or showing a graphic representation of an activity with an oblique line drawn through the representation is sufficient for the purpose of giving notice that the activity is prohibited.

Red markings
Sec 7
(1)Red markings made and posted in accordance with this act are sufficient for the purpose of giving notice that entry on the premises is prohibited.
(2)Yellow markings
Yellow markings made and posted in accordance with this act are sufficient for the purpose of giving notice that entry is prohibited except for the activity on the sign.
(3)Size
A marking under this act shall be of such a size that a circle ten centimeters in diameter can be contained wholly within it.

Common Offences and/or Provisions
Three offences:
Enter premises when entry prohibited
Engage in prohibited activity on the premises
Fail to leave premises when directed to do so

Four methods of providing notice of trespass:
No notice required for land under cultivation
Oral notice or notice in writing
Signs posted at each ordinary entrance to premises
Coloured circles at least 10 cm round, red or yellow

Trespass by means of a motor vehicle
►If the offence is committed by means of a motor vehicle,
►And the suspect is not convicted
►The owner of the motor vehicle may be charged with the offence
►Unless the motor vehicle was taken without the owner’s consent

Arrest Powers
Sec 9
►On premises:
Occupier or police officer may arrest someone found committing a trespass offence on the premises
Arrest Powers

Sec 10
►Suspect freshly departed from premises:
Once the suspect has left the premises, the occupier looses power of arrest
Police officer may arrest this person, but only if there is a refusal to identify or reason to believe the identification is false

Search Powers
►No search powers under this Act

Use of Force Authorities
►No specific use of force authority given

Limitation Period
Six months

Non-police agencies involved
►Fence viewers employed by the municipality to mediate boundary disputes

COLLECTION CONTAINING RARE NZ STAMPS STOLEN
New Zealand Police National News Release
10:56am 7 April 2009

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ALL FOR EASTER EGGS
New Zealand Police National News Release
12:33pm 24 March 2009

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On Monday 23 March 2009 at 7.50pm three offenders, one male and two females entered the Bishopdale Discounter in Leacroft Street Bishopdale.