1. What is a statue?

1. What does stare decisis mean?

1. What does Royal Assent mean?

1. What is a regulation?

1. What is common law?

1. Explain what a statute is and how it is different from a regulation and a by-law?

1. What is a bill and what steps are required for it to pass into law?

1. Describe the doctrine of constitutional supremacy and its relationship to the development of law.

1. Describe the role of the Charter in limiting police powers.

1. What is the role of case law as a source of law enforcement power?

1. Describe the powers that reside in section 91 & 92.

1. What are the three provinces that have provincial police services?

Scenario

Read through the following scenario and answer the questions below. You are the officer and imagine yourself in this situation and you will be forced to make decisions. Marks are based on your ability to articulate the reasoning for your actions and relevance to the scenario.

It is Saturday night at 3:00 a.m. You are part of a RIDE team on a lonely stretch of road at the edge of town, stopping vehicles to check for impaired drivers. A vehicle approaches you, and you ask the driver if he has consumed any alcoholic beverages. He replies "no," but you can clearly smell alcohol on his breath. The car also smells strongly of liquor and marijuana, and there is an empty liquor bottle on the floor of the front passenger seat. There is no other evidence relating to the possible marijuana odour.

You ask the driver to step out of the car, then turn him over to the officer who is conducting the roadside screening tests. The driver fails the test and is arrested by the officer conducting the test. The officer demands a breath sample, pursuant to section254(3)(a)(i) of the Criminal Code. Because the location of your RIDE program is very isolated, you decide to wait with the arresting officer for a tow truck to tow the driver's car. This means that your suspect is waiting with you, thus likely delaying the first breathalyzer test. In addition to this, the weather turns to freezing rain, and you learn that the tow truck will be delayed by 30 minutes. You know that the law in section254(3) regarding impaired driving requires that an officer demand a breath sample "as soon as practicable." Section 258(1)(c) requires that the first breath sample be taken not later than two hours after the offence.

What would you do?

Would you continue to wait for the tow truck? Explain.

Do you think that waiting would mean the breath results might not be admitted? Explain.