JUST 2030 Lecture Notes - Lecture 9: Police Services Act Of Ontario, Special Constable, 2 Years On
POLICE SERVICES ACT
S. 42(1) PSA Duties of a Police Officer
Preserve the peace
-
Prevent crimes & other offences and provide assistance & encouragement to others
in prevention
-
Assist Victims of Crime
-
Apprehend criminals & other offenders
-
Lay charges & participate in prosecution
-
Execute warrants
-
Perform lawful duties the chief assigns
-
Enforce municipal by-laws
-
Complete prescribed training
-
S. 42(2)
Police have the authority to act as such throughout Ontario
-
S. 42(3)
Police officers in Ontario have the authority to act at Common Law
-
S. 43 Criteria for Hiring
Canadian citizen or permanent resident of Canada
-
At least 18 years of age
-
Physically and mentally able to perform the duties of the position having regard to
his or her safety and the safety of the members of the public
-
Is of good moral character & habits
-
Has successfully completed 4 years of secondary school or equivalent
-
S. 43(2)
Shall provide any relevant information or material that is lawfully requested with
application
-
S. 43(3)
A board may terminate a police officer’s employment at any time during his/her
probationary period but before doing so shall give the police officer reasonable
information with respect to the reasons for the termination & an opportunity to
reply orally or in writing.
-
S. 45(1)
Oath of Office & Secrecy
-
Before taking office, take oaths ad affirmations of office & secrecy in the prescribed
form
-
S. 46
No political activity; except as regulations permit.
-
S.49(1)
Restrictions on Secondary Activities
-
Shall not engage in activity
-
That interferes with or influences adversely the performance of his or her duties, as
a member of a police force, or is likely to do so.
(A)
That places him/her in a conflict of interest or will(B)
That would other wise constitute full-time employment for another person(C)
In which he or she has an advantage derived from being a member of a police force.(D)
S. 49(2) Exception: PAID DUTY
•
S. 49(3) Must disclose to Chief of Police
•
MISCONDUCT
S. 80(2) A police officer shall not be found guilty of misconduct if there is no
connect between the conduct & either the occupational requirements for a police
officer or the reputation of the police force.
-
85(10) Restriction on employment
If fired cannot be employed as a member of a police service unless 5 years have
passed.
→
SOME CHARGES
NEGLECT OF DUTY
Not doing your job
•
Walking by an assault & saying not my problem
•
-
DISCREDIBLE CONDUCT
Anything that discredits the image of the police service
•
Acting w the public phone case
•
-
DECEIT
Lying
•
Imputing the wrong notes on your pad
•
-
BREACH OF CONFIDENCE
Using CPIC for personal use and then divulging the info
•
-
INSUBORDINATION
Talking back and refusing your supervisor
•
Refusing to do something your supervisor ordered
•
-
CORRUPT PRACTICE
Officer running a prostitution ring
•
-
UNLAWFUL OR UNNECESSARY EXERCISE OF AUTHORITY
Like flashing your badge to get into movies for free
•
-
DAMAGE TO CLOTHING OR EQUIPEMENT
Like acting recklessly
•
-
CONSUMING ALCOHOL OR DRUGS IN A MANNER PREJUDICIAL TO DUTY
Mostly seen in plain clothes undercover cops
•
-
PENALTIES
Reprimand
-
Forfeiture of Pay
-
Suspension
-
Demotion
-
Dismissal
-
Formal or Informal
Depends on severity of behavior
-
INFORMAL PROCEEDINGS
2 YEARS ON RECORD
-
PROVIDING THERE IS NO OTHER TROUBLE
-
FORMAL PROCEEDINGS
5 YEARS RETENTION
-
s. 54(3)FIRST NATIONS CONSTABLES
Powers of a police constable for the purpose of carrying out his or her specified
duties.
-
S. 51(1)
•
May hire police cadets with boards approval. A municipal chief of police may
appoint person as police cadets to undergo training
-
S 52(1) Auxiliary member may be appointed by the board
-
S. 52(6) Oath of office & secrecy of an auxiliary member
-
SPECIAL CONSTABLES
S. 53(1)May confer the powers of a police officer to the extent and for the specific
purpose set out in the appointment.
-
53(4) Special constable shall NOT be employed by a police service to perform on a
permanent basis whether part time or full time all the usual duties of a police
officer
-
Shall take oaths or affirmations of office & secrecy
-
PART 5-Complaints & Disciplinary Proceedings
Any member of the public can complain within 6 months of an incident
-
S. 58(4)
-
OIPRD: Office of the Independent Police Review Director
Gery MacNelly something*
•
•
Responsible for receiving, managing, and overseeing all public complaints
-
The OIPRD may decide not to proceed if
-
Complaint is frivolous, vexatious or made in bad faith.1.
The complaint could be more appropriately dealt with by another act2.
Dealing with the complaint is not in the public interest.3.
SIU:
Deals w murders/serious injuries due to policing duties
-
Restriction
An investigator shall not participate in an investigation that relates to members of a
police force of which he or she was a member.
-
S. 113(7) Charges: will cause to be laid refers to the crown attorney for prosecution
-
S. 113(9) Co-operation of police forces. Shall participate fully in investigations of
mis-conduct.
-
REGULATIONS & MISCELLANEOUS
Any property that comes into the possession of a police service.
-
May be sold, and proceeds used for any purpose that is considered in the ‘public
interest’.
-
Perishable items: Sold anytime
-
Non-perishable items: 1 month
-
Bike or M.V.: 3 months as defined by HTA
-
No firearms. Public auction or public tender
-
W9 Police Services Act
Wednesday,* March*28,*2018
8:48*AM
POLICE SERVICES ACT
S. 42(1) PSA Duties of a Police Officer
Preserve the peace
-
Prevent crimes & other offences and provide assistance & encouragement to others
in prevention
-
Assist Victims of Crime
-
Apprehend criminals & other offenders
-
Lay charges & participate in prosecution
-
Execute warrants
-
Perform lawful duties the chief assigns
-
Enforce municipal by-laws
-
Complete prescribed training
-
S. 42(2)
Police have the authority to act as such throughout Ontario
-
S. 42(3)
Police officers in Ontario have the authority to act at Common Law
-
S. 43 Criteria for Hiring
Canadian citizen or permanent resident of Canada
-
At least 18 years of age
-
Physically and mentally able to perform the duties of the position having regard to
his or her safety and the safety of the members of the public
-
Is of good moral character & habits
-
Has successfully completed 4 years of secondary school or equivalent
-
S. 43(2)
Shall provide any relevant information or material that is lawfully requested with
application
-
S. 43(3)
A board may terminate a police officer’s employment at any time during his/her
probationary period but before doing so shall give the police officer reasonable
information with respect to the reasons for the termination & an opportunity to
reply orally or in writing.
-
S. 45(1)
Oath of Office & Secrecy
-
Before taking office, take oaths ad affirmations of office & secrecy in the prescribed
form
-
S. 46
No political activity; except as regulations permit.
-
S.49(1)
Restrictions on Secondary Activities
-
Shall not engage in activity
-
That interferes with or influences adversely the performance of his or her duties, as
a member of a police force, or is likely to do so.
(A)
That places him/her in a conflict of interest or will(B)
That would other wise constitute full-time employment for another person(C)
In which he or she has an advantage derived from being a member of a police force.(D)
S. 49(2) Exception: PAID DUTY
•
S. 49(3) Must disclose to Chief of Police
•
MISCONDUCT
S. 80(2) A police officer shall not be found guilty of misconduct if there is no
connect between the conduct & either the occupational requirements for a police
officer or the reputation of the police force.
-
85(10) Restriction on employment
If fired cannot be employed as a member of a police service unless 5 years have
passed.
→
SOME CHARGES
NEGLECT OF DUTY
Not doing your job
•
Walking by an assault & saying not my problem
•
-
DISCREDIBLE CONDUCT
Anything that discredits the image of the police service
•
Acting w the public phone case
•
-
DECEIT
Lying
•
Imputing the wrong notes on your pad
•
-
BREACH OF CONFIDENCE
Using CPIC for personal use and then divulging the info
•
-
INSUBORDINATION
Talking back and refusing your supervisor
•
Refusing to do something your supervisor ordered
•
-
CORRUPT PRACTICE
Officer running a prostitution ring
•
-
UNLAWFUL OR UNNECESSARY EXERCISE OF AUTHORITY
Like flashing your badge to get into movies for free
•
-
DAMAGE TO CLOTHING OR EQUIPEMENT
Like acting recklessly
•
-
CONSUMING ALCOHOL OR DRUGS IN A MANNER PREJUDICIAL TO DUTY
Mostly seen in plain clothes undercover cops
•
-
PENALTIES
Reprimand
-
Forfeiture of Pay
-
Suspension
-
Demotion
-
Dismissal
-
Formal or Informal
Depends on severity of behavior
-
INFORMAL PROCEEDINGS
2 YEARS ON RECORD
-
PROVIDING THERE IS NO OTHER TROUBLE
-
FORMAL PROCEEDINGS
5 YEARS RETENTION
-
s. 54(3)FIRST NATIONS CONSTABLES
Powers of a police constable for the purpose of carrying out his or her specified
duties.
-
S. 51(1)
•
May hire police cadets with boards approval. A municipal chief of police may
appoint person as police cadets to undergo training
-
S 52(1) Auxiliary member may be appointed by the board
-
S. 52(6) Oath of office & secrecy of an auxiliary member
-
SPECIAL CONSTABLES
S. 53(1)May confer the powers of a police officer to the extent and for the specific
purpose set out in the appointment.
-
53(4) Special constable shall NOT be employed by a police service to perform on a
permanent basis whether part time or full time all the usual duties of a police
officer
-
Shall take oaths or affirmations of office & secrecy
-
PART 5-Complaints & Disciplinary Proceedings
Any member of the public can complain within 6 months of an incident
-
S. 58(4)
-
OIPRD: Office of the Independent Police Review Director
Gery MacNelly something*
•
•
Responsible for receiving, managing, and overseeing all public complaints
-
The OIPRD may decide not to proceed if
-
Complaint is frivolous, vexatious or made in bad faith.1.
The complaint could be more appropriately dealt with by another act2.
Dealing with the complaint is not in the public interest.3.
SIU:
Deals w murders/serious injuries due to policing duties
-
Restriction
An investigator shall not participate in an investigation that relates to members of a
police force of which he or she was a member.
-
S. 113(7) Charges: will cause to be laid refers to the crown attorney for prosecution
-
S. 113(9) Co-operation of police forces. Shall participate fully in investigations of
mis-conduct.
-
REGULATIONS & MISCELLANEOUS
Any property that comes into the possession of a police service.
-
May be sold, and proceeds used for any purpose that is considered in the ‘public
interest’.
-
Perishable items: Sold anytime
-
Non-perishable items: 1 month
-
Bike or M.V.: 3 months as defined by HTA
-
No firearms. Public auction or public tender
-
W9 Police Services Act
Wednesday,* March*28,*2018 8:48*AM
POLICE SERVICES ACT
S. 42(1) PSA Duties of a Police Officer
Preserve the peace
-
Prevent crimes & other offences and provide assistance & encouragement to others
in prevention
-
Assist Victims of Crime
-
Apprehend criminals & other offenders
-
Lay charges & participate in prosecution
-
Execute warrants
-
Perform lawful duties the chief assigns
-
Enforce municipal by-laws
-
Complete prescribed training
-
S. 42(2)
Police have the authority to act as such throughout Ontario
-
S. 42(3)
Police officers in Ontario have the authority to act at Common Law
-
S. 43 Criteria for Hiring
Canadian citizen or permanent resident of Canada
-
At least 18 years of age
-
Physically and mentally able to perform the duties of the position having regard to
his or her safety and the safety of the members of the public
-
Is of good moral character & habits
-
Has successfully completed 4 years of secondary school or equivalent
-
S. 43(2)
Shall provide any relevant information or material that is lawfully requested with
application
-
S. 43(3)
A board may terminate a police officer’s employment at any time during his/her
probationary period but before doing so shall give the police officer reasonable
information with respect to the reasons for the termination & an opportunity to
reply orally or in writing.
-
S. 45(1)
Oath of Office & Secrecy
-
Before taking office, take oaths ad affirmations of office & secrecy in the prescribed
form
-
S. 46
No political activity; except as regulations permit.
-
S.49(1)
Restrictions on Secondary Activities
-
Shall not engage in activity
-
That interferes with or influences adversely the performance of his or her duties, as
a member of a police force, or is likely to do so.
(A)
That places him/her in a conflict of interest or will
(B)
That would other wise constitute full-time employment for another person
(C)
In which he or she has an advantage derived from being a member of a police force.
(D)
S. 49(2) Exception: PAID DUTY
•
S. 49(3) Must disclose to Chief of Police
•
MISCONDUCT
S. 80(2) A police officer shall not be found guilty of misconduct if there is no
connect between the conduct & either the occupational requirements for a police
officer or the reputation of the police force.
-
85(10) Restriction on employment
If fired cannot be employed as a member of a police service unless 5 years have
passed.
→
SOME CHARGES
NEGLECT OF DUTY
Not doing your job
•
Walking by an assault & saying not my problem
•
-
DISCREDIBLE CONDUCT
Anything that discredits the image of the police service
•
Acting w the public phone case
•
-
DECEIT
Lying
•
Imputing the wrong notes on your pad
•
-
BREACH OF CONFIDENCE
Using CPIC for personal use and then divulging the info
•
-
INSUBORDINATION
Talking back and refusing your supervisor
•
Refusing to do something your supervisor ordered
•
-
CORRUPT PRACTICE
Officer running a prostitution ring
•
-
UNLAWFUL OR UNNECESSARY EXERCISE OF AUTHORITY
Like flashing your badge to get into movies for free
•
-
DAMAGE TO CLOTHING OR EQUIPEMENT
Like acting recklessly
•
-
CONSUMING ALCOHOL OR DRUGS IN A MANNER PREJUDICIAL TO DUTY
Mostly seen in plain clothes undercover cops
•
-
PENALTIES
Reprimand
-
Forfeiture of Pay
-
Suspension
-
Demotion
-
Dismissal
-
Formal or Informal
Depends on severity of behavior
-
INFORMAL PROCEEDINGS
2 YEARS ON RECORD
-
PROVIDING THERE IS NO OTHER TROUBLE
-
FORMAL PROCEEDINGS
5 YEARS RETENTION
-
s. 54(3)FIRST NATIONS CONSTABLES
Powers of a police constable for the purpose of carrying out his or her specified
duties.
-
S. 51(1)
•
May hire police cadets with boards approval. A municipal chief of police may
appoint person as police cadets to undergo training
-
S 52(1) Auxiliary member may be appointed by the board
-
S. 52(6) Oath of office & secrecy of an auxiliary member
-
SPECIAL CONSTABLES
S. 53(1)May confer the powers of a police officer to the extent and for the specific
purpose set out in the appointment.
-
53(4) Special constable shall NOT be employed by a police service to perform on a
permanent basis whether part time or full time all the usual duties of a police
officer
-
Shall take oaths or affirmations of office & secrecy
-
PART 5-Complaints & Disciplinary Proceedings
Any member of the public can complain within 6 months of an incident
-
S. 58(4)
-
OIPRD: Office of the Independent Police Review Director
Gery MacNelly something*
•
•
Responsible for receiving, managing, and overseeing all public complaints
-
The OIPRD may decide not to proceed if
-
Complaint is frivolous, vexatious or made in bad faith.1.
The complaint could be more appropriately dealt with by another act2.
Dealing with the complaint is not in the public interest.3.
SIU:
Deals w murders/serious injuries due to policing duties
-
Restriction
An investigator shall not participate in an investigation that relates to members of a
police force of which he or she was a member.
-
S. 113(7) Charges: will cause to be laid refers to the crown attorney for prosecution
-
S. 113(9) Co-operation of police forces. Shall participate fully in investigations of
mis-conduct.
-
REGULATIONS & MISCELLANEOUS
Any property that comes into the possession of a police service.
-
May be sold, and proceeds used for any purpose that is considered in the ‘public
interest’.
-
Perishable items: Sold anytime
-
Non-perishable items: 1 month
-
Bike or M.V.: 3 months as defined by HTA
-
No firearms. Public auction or public tender
-
W9 Police Services Act
Wednesday,* March*28,*2018 8:48*AM
Document Summary
Police services act: 42(1) psa duties of a police officer. Prevent crimes & other offences and provide assistance & encouragement to others in prevention. Police have the authority to act as such throughout ontario: 42(3) Police officers in ontario have the authority to act at common law: 43 criteria for hiring. Physically and mentally able to perform the duties of the position having regard to his or her safety and the safety of the members of the public. Has successfully completed 4 years of secondary school or equivalent: 43(2) Shall provide any relevant information or material that is lawfully requested with application application: 43(3) Before taking office, take oaths ad affirmations of office & secrecy in the prescribed form: 46. That interferes with or influences adversely the performance of his or her duties, as a member of a police force, or is likely to do so. (b) That places him/her in a conflict of interest or will (c)
