JIBC Police Exam cheat sheet

Canadian Charter of Rights and Freedoms, s. 10(b): on arrest or detention a person must be informed promptly of the reason and of the right to retain and instruct counsel without delay; the officer must then give a reasonable opportunity to exercise that right and, subject to valid waiver, hold off eliciting evidence until it is exercised.

Use of force is governed by the principle of proportionality: force must be no more than reasonably necessary in the circumstances, and the National Use of Force Framework moves through officer presence, dialogue, empty-hand control, intermediate weapons and lethal force as the situation escalates or de-escalates.

Criminal Code s. 25 protects an officer who acts on reasonable grounds in enforcing the law and who uses no more force than is necessary; s. 26 removes that protection where force is excessive.

Arrest without warrant requires reasonable grounds to believe an offence has been or is being committed (Criminal Code s. 495); 'reasonable grounds' is an objective standard assessed on the totality of the circumstances, not mere suspicion or a hunch.

For a warrantless search to be lawful under s. 8 of the Charter it must be authorized by law, the law itself must be reasonable, and the manner of the search must be reasonable (R. v. Collins); incident-to-arrest searches are limited to the person, immediate surroundings and items within the arrested person's control for officer safety and evidence preservation.

Note-taking and report writing: a police officer's notes are disclosure material; contemporaneous notes made at the time or as soon as practicable carry more evidentiary weight than notes reconstructed later, and all notes must be retained and produced to the Crown.

Section 254(2) approved screening device demand: a peace officer who reasonably suspects alcohol in the body may demand an immediate breath sample; refusal without reasonable excuse is an offence under s. 254(5).

Evidence continuity ('chain of custody') requires that every person who handles an exhibit be recorded with date, time, description and location, so that the integrity of the item can be demonstrated in court.

The Criminal Code s. 494 citizen's arrest power is limited to a person found committing an indictable offence or a person the arrestor believes on reasonable grounds has committed a criminal offence and is escaping; police training emphasizes that officer arrest powers under s. 495 are broader than the citizen power.

Sheriffs in Canadian provinces are primarily responsible for court security, prisoner transport, warrant execution, and service of court documents; they do not generally perform municipal patrol duties, which rest with police services.

In prisoner transport, a risk assessment is completed before movement; the detainee is searched, restrained according to policy, and the transport vehicle is checked for contraband before and after each trip.

Court security screening: everyone entering a secure court area is subject to search and screening; prohibited items include weapons, sharp objects, and items that could be used to disrupt proceedings, and the decision to deny entry is documented.

A sheriff executing a warrant of committal must confirm identity, confirm the warrant is valid and unexpired, and record the time of arrest and the time of delivery to the correctional facility.

Jury management: the sheriff is responsible for summoning jurors, protecting jurors from interference, and ensuring jurors are sequestered and escorted according to the judge's orders; any contact between a juror and an outside party must be reported.

Use of force by sheriffs is governed by the same Criminal Code ss. 25-26 framework as police: force must be necessary, proportional, and documented; the incident report must articulate the grounds for the level of force used.

Service of documents: personal service requires delivery to the named person; substituted service requires a court order; affidavits of service must state the date, time, place, and manner of service and identify the person served.

Inmate count and security checks in a courthouse holding area are conducted at specified intervals and recorded; a discrepancy in the count triggers an immediate lockdown and notification of the supervisor.

Dynamic security relies on positive, professional relationships and continuous observation of inmates; static security relies on physical barriers, locks, counts, and technology; effective institutions use both.

Use of force in corrections follows a continuum from presence and verbal direction through physical control, intermediate weapons, and deadly force; each level requires justification, and force must be reported and reviewed.

The Corrections and Conditional Release Act (federal) and provincial correctional statutes authorize searches of inmates, cells, and visitors on reasonable grounds; cell searches are conducted for contraband, security, and health and safety reasons.

Contraband includes weapons, drugs, alcohol, unauthorized communication devices, and any item that threatens institutional security; possession by an inmate is a disciplinary offence and may also be a Criminal Code offence.

A use-of-force report must document the date, time, location, persons involved, warnings given, force applied, injuries, and post-incident medical attention; it is a legal record subject to disclosure.

Suicide risk screening on admission uses structured questions about prior attempts, current ideation, and protective factors; an inmate identified as at risk is placed on enhanced observation and referred for mental health assessment.

Segregation placement requires documented reasons, regular review, and a record of the inmate's conditions; prolonged segregation is subject to legal scrutiny and must comply with statutory limits and human rights standards.

Counts are conducted at scheduled times and on any irregular movement; an inmate not accounted for at count triggers an immediate search, notification, and lockdown until the person is located.

A probation order is a court disposition under the Criminal Code (s. 731) that places the offender under supervision in the community for a specified period, subject to mandatory and optional conditions.

Mandatory conditions include keeping the peace, being of good behaviour, appearing before the court when required, and notifying the court or probation officer of any change of name, address, or employment.

Risk assessment tools (for example, structured professional judgment instruments) estimate the likelihood of reoffending and identify criminogenic needs; results inform supervision intensity and case planning.

The risk-need-responsivity (RNR) model: match the intensity of service to the offender's risk level, target criminogenic needs, and deliver services in a way that fits the person's learning style and motivation.

Breach of probation is a separate offence under s. 733.1 of the Criminal Code; a probation officer documents the breach, notifies the court, and may recommend a show-cause hearing.

A probation officer's duty to warn and protect: where an offender presents a credible threat to an identifiable person, the officer must take reasonable steps to warn the potential victim and/or notify police, consistent with statutory and common-law duties.

Collateral contacts (family, employers, treatment providers) are used to verify compliance; information obtained must be recorded and, where relevant, shared with the court and Crown in accordance with privacy legislation.

Case notes must be objective, dated, and factual; they may be disclosed in court and are subject to freedom-of-information and privacy legislation, so opinions must be distinguished from observations.

The best interests of the child is the paramount consideration in custody and access decisions under the Divorce Act (s. 16) and provincial family law statutes; it includes the child's physical, emotional, and psychological well-being and the child's views and preferences, weighed according to age and maturity.

Family violence is defined broadly in the Divorce Act (s. 2) to include any conduct that is violent, threatening, coercive, or controlling, and the court must consider its impact on the child and on the ability of each parent to care for the child.

Parenting time and decision-making responsibility replaced the older terminology of custody and access in the 2019 Divorce Act amendments; the concepts remain distinct: parenting time is the schedule of care, decision-making responsibility is authority over major decisions.

Child support guidelines set the presumptive amount based on the payor's income and the number of children; special or extraordinary expenses under s. 7 are shared in proportion to income, and a shared-parenting set-off applies where the child spends at least 40 percent of the time with each parent.

A voice of the child report is prepared by a trained professional to convey the child's views to the court without placing the child in the middle of the dispute; it is not determinative and must be weighed with all other evidence.

Mediation and other family dispute resolution processes are voluntary, confidential, and without prejudice; agreements reached may be incorporated into a consent order, and mediators must screen for family violence and power imbalances before proceeding.

A parenting plan is a written document setting out the schedule, decision-making, communication, travel, and dispute-resolution arrangements; it is often incorporated into a court order and provides a framework for future co-parenting.

Confidentiality and privilege: communications in family mediation are generally privileged and inadmissible, but child protection concerns and threats of harm are exceptions that must be reported to the appropriate authority.