APCAT - Alberta Police Cognitive Ability Reading Comprehension Skills Flashcards

Read the following and answer the question. The use of force by police officers in Canada is governed by the Criminal Code of Canada, which permits officers to use as much force as is reasonably necessary to carry out their lawful duties. Force must be proportionate to the threat faced. The use of excessive force constitutes an assault and can lead to criminal charges against the officer. According to the passage, what happens if an officer uses excessive force?

Answer: The officer may face criminal assault charges

The passage states that 'the use of excessive force constitutes an assault and can lead to criminal charges against the officer'.

Using the same use-of-force passage: What standard governs how much force an officer may use?

Answer: As much force as is reasonably necessary to carry out lawful duties

The passage states officers may use 'as much force as is reasonably necessary to carry out their lawful duties'.

Read the following and answer the question. The duty to disclose is a fundamental principle of Canadian criminal justice. In R v Stinchcombe (1991), the Supreme Court of Canada held that the Crown must disclose all relevant information in its possession to the defence, whether or not the Crown intends to use it at trial. Failure to disclose can result in a stay of proceedings. What was established in R v Stinchcombe?

Answer: The Crown must disclose all relevant information to the defence regardless of whether it will be used at trial

The passage states R v Stinchcombe established that the Crown must disclose all relevant information to the defence, whether or not it will be used at trial.

Using the same Stinchcombe passage: What can happen if the Crown fails to disclose?

Answer: A stay of proceedings may result

The passage states that 'failure to disclose can result in a stay of proceedings'.

Read the following and answer the question. Section 8 of the Canadian Charter of Rights and Freedoms protects individuals from unreasonable search and seizure. A search is considered reasonable if it is authorised by law, the law itself is reasonable, and the search is conducted in a reasonable manner. Warrantless searches are presumptively unreasonable and the burden falls on the Crown to justify them. According to the passage, where does the burden fall for justifying a warrantless search?

Answer: On the Crown

The passage states 'the burden falls on the Crown to justify' warrantless searches.

Using the same Charter s. 8 passage: How many conditions must be met for a search to be considered reasonable?

Answer: Three

The passage lists three conditions: authorised by law, the law is reasonable, and conducted in a reasonable manner.