Newcomers Guide to Canadian Law

Presented by Cst David Murphy

Definitions Laws

Rules determined by society

Provide citizens with a safe environment in which to work and live

Reflect the VALUES of a society and constantly change

Definitions Offence

A violation (breaking) of a law

Two types

1. Criminal (or federal) offences

2. Provincial offences

Criminal Offences Violation of Federal

Statute or law

Same definition & penalty in every province

Examples? Criminal Code

Controlled Drugs

Youth Criminal Justice Act

Criminal Records Act

Penalties?jail, fines, etc.

Guilty? Criminal Record, or Young Offender Record

Types of Criminal Offences? Summary Conviction

Least serious (e.g. causing a disturbance)

Lesser penalties (e.g. fine, probation)

Indictable Offences

Most serious (e.g. murder)

Dual Procedure Offences

Could be either summary or indictable (e.g. impaired driving, break and enter)

Provincial Offences A violation of any

Provincial Statute or law

May vary from province to province

E.g. legal drinking age (Ontario 19, Quebec, 18)

If guilty, no criminal or Young Offender record

Examples of provincial Statutes? Child and family

Services Act

Liquor License Act

Highway Traffic Act

Trespass to Property Act

Records What Is a Record?

An R.C.M.P. file on a person

All criminal charges

Disposition (end results)

Fingerprints

Not just convictions

Two Types of Records

Criminal Over 18 (rare-14)

Pleaded/found guilty of a criminal offence in Adult Court

Young Offender Between 12-17 years old,

pleaded/found guilty of a criminal offence in Youth Court

Criminal Record Impacts on

self esteem

college/career opportunities

volunteer opportunities

travel out of country

future criminal prosecutions (record doesn’t necessarily disappear)

Age limits Age on day of offence

11 or Less - no charge

dealt with under Child &Family Services Act

12-17 Years - Youth Court, must appear

18 years or older appear in adult court.

Tattoos and Body Piercing no specific laws

relating to these activities in Ontario

most tattoo places say 16-18 or over

body piercing not permanent, lower age

Public Health inspect for health and safety

Smoking Tobacco Control Act

illegal for anyone, including parents to sell, give, provide to people 18 years or less

except Aboriginals for cultural/spiritual purposes

not illegal to use (just unhealthy!)

Trespassing Trespass to Property Act

Anyone can keep anyone they choose from their property including a house or store

illegal to enter after advised not to, or to stay after told to leave

can be arrested and charged for failing to identify yourself

Drinking Liquor Licence Act Ontario legal drinking

age is 19, Quebec - 18

liquor includes beer, wine, spirits (rum, gin, vodka, etc.)

Ontario, illegal to provide liquor to anyone under 18, unless parent, in home

18 year old can serve liquor as part of a job

School Ontario, children must

go to school unless home-schooled, or other valid reason

social workers or attendance counsellors work for school board with parents if problems

police are Not Attendance Counsellors, but can help

sometimes, absentees may be brought to court

Safe School Zero Tolerance for violence, Safe Schools Policy for

no harassment, violence, drugs, etc.

A School should and will be a safe place for everyone.

This includes bullying at school or on the bus or on the way to or from school. The school now has to get involved in any bullying incident.

There are now more severe penalties for drugs being sold at or near a school.

School/Parents/ Police

over 18? no info given to parent w/o student consent

over 18, student can write own notes

social workers, psychologists help

Zero Tolerance for violence, Safe Schools Policy for no harassment, violence, drugs, etc. This includes bullying whether on the bus or on the way to or from school.

stronger partnership now between schools and police - police more involved, visit schools

Domestic Violence

When it comes to Domestic Violence, Police have no discretion regarding proceeding with Criminal Charges.

This means that when there is evidence of a Criminal Offence and it is domestic in nature, Police shall proceed with Criminal Charges with or without the consent of the victim .

Child Abuse Section 43 of the Criminal code of Canada states that:

every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances.

Driving a Motor Vehicle The driver needs to obey all of the laws of the Highway

Traffic Act, etc.

Every driver of a motor vehicle shall (must) identify themselves while operating a motor vehicle.

Passengers are not required by law to identify themselves, unless they are breaking the law. They should identify themselves as a courtesy to the police officer.

Every driver shall pull over and stop the vehicle they are operating at the request of a police officer.

Every driver shall surrender their driver license, ownership and proof of insurance to a police officer upon demand.

Seatbelt All occupants are required to wear a properly adjusted

seatbelt.

You must identify yourself if you are not wearing your seatbelt.

The number of passengers cannot exceed the number of seatbelts in a motor vehicle.

The fine for violating a seatbelt law is $240.00.

Drinking and Driving Offences In Ontario a person operating or in care and control of

a motor vehicle shall not have more than 50mg of alcohol in 100ml of blood and less than 80mg of alcohol in 100ml of blood. If a driver is within this range, they will have their driver license suspended for a period of not less than 3 days. There is no fine attached to this suspension.

The maximum legal limit to operate a motor vehicle in Canada is 80mg of alcohol in 100ml of blood. If a person is operating or in care and control of a motor vehicle they will be charged with the offence and will have to appear in court. Their driver license will automatically be suspended for 90 days.

The driver will upon conviction lose their driver license for a period of 12 months along with a monetary penalty and possibly alcohol education and using an Interlock Device. Without getting into detail there are other things associated with the criminal charge and conviction. The dollar value associated with impaired driving is around $20,000.00.

Impaired by Drug Driving The same offence as alcohol while operating or in care

and control of a motor vehicle.

Drugs There are different types of Drugs:

1) Over the Counter which are purchased from a business and a prescription is not required. These are not controlled by the Controlled Drugs and Substance Act and are usually legal. Examples are Aspirin, cold medicines, etc.

2) Prescription Drugs: These are drugs called medications that are prescribed to a patient. These are not illegal unless you are not the one prescribed the medication. You must ensure that you are in the proper bottle or packaging so they can be identified by police. Examples are Tylenol 3, Oxy Neo, etc.

3) Illegal Drugs: these can be a wide range of someone else's prescription drugs, manufactured drugs, grown drugs, etc. Some examples are morphine, marijuana, cocaine, ecstasy, etc.

Guns Certain hand guns and long guns are permitted in

Canada but you must have a possession license.

There are new minimum sentences for illegally being in possession of or using a firearm in the commission of a criminal offence.

The sentence can also depend on your criminal record.

Bicycle All bicycle riders have to obey all of the Highway

Traffic Act laws, some of which are riding with the flow of traffic, stopping at all stop signs, obeying the traffic lights and all signs on the highway or roadway.

Only one rider is permitted on a bicycle unless the bicycle is built for more than one person.

All persons under the age of 18 must wear an approved bicycle helmet. It is recommended that all riders wear an approved bicycle helmet.

All bicycles must be equipped with brakes, bell or horn, lights at night, etc.

A driver license is not required while riding a bicycle.

Phone Call Police Non Emergency phone calls: 613-283-0357

Smiths Falls Fire Department non emergency: 613-283-5869

Emergency phone calls: 911

An emergency phone call is to report a crime in progress.

If you dial 911 it will be answered. Do not hang up. Always stay on the phone line and explain to the person whether you need police, fire or ambulance. The person will direct your phone call to the proper agency and they will ask numerous questions. Answer these questions.

If you are in Smiths Falls and you dial 911 it will be answered by the Smiths Falls Police dispatcher.

When you dial 911 a police officer will come and see you even if you hang up. This includes when you accidentally dial 911(pocket dial), make a mistake while calling overseas or you are unable to stay on the phone due to your safety. This is why it is important that if possible to stay on the phone and speak to the call taker as they will ask you where you are.

When you have your cellular phone in your pocket or purse it could accidentally dial 911. Police deal with these types of calls quite frequently and they are a drain on resources. If your cellular phone is turned on then lock it so there are no accidental dials.

Some home telephones and some cellular phones are equipped with emergency 911 buttons. Be careful with these buttons that they are not struck accidentally and if you do strike the button stay on the phone line and wait until the phone call is answered. Remember: Tell the call taker where you are and what happened. These things do happen but best to prevent them by locking your cellular phone.

Thank You

Smiths Falls Police Service

77 Beckwith Street North

Smiths Falls, Ontario