par Emma Baker Il y a 2 années
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Calgary teen must receive blood transfusions: court. CBC News, February, 21, 2002.
https://www.cbc.ca/news/canada/calgary-teen-must-receive-blood-transfusions-court-1.328022
Canada urged to amend transgenerational Discriminatory Indian Act. UN News Global perspective human stories, March, 3, 2022.
https://news.un.org/en/story/2022/03/1113262
James Forcillo, ex- officer who shot and killed teen on streetcar, granted full parole. CBC News, January, 21, 2020.
https://www.cbc.ca/news/canada/toronto/james-forcillo-sammy-yatim-parole-1.5434443
Galota v. Festival Hall Developments Limited, 2016 ONCA 585 (CanLII). CanLii, July, 21, 2016.
Guide to the Canadian Charter of Rights and Freedoms. Government of Canada, March, 24, 2022.
https://www.canada.ca/en/canadian- heritage/services/how-rights-protected/guide-canadian-charter-rights-freedoms.html
Notwithstanding Clause. CENTRE for CONSTITUTIONAL STUDIES.
https://www.constitutionalstudies.ca/2019/07/notwithstanding-clause/
R v Keegstra. SUPREME COURT OF CANADA, December, 23, 1990.
https://scc-csc.lexum.com/scc-csc/scc- csc/en/item/695/index.do
The mock trial was a fun, informative assignment. The trial was based off of the Kenneth Park case. It was interesting to see how a court trial would play out, and the order one takes place in. I learnt the sequence of events that take place during a trial, and I learnt how things work in a trial; Jury, opening statements, witnesses, cross- examination, how jurors deliberate, and how a verdict is ultimately decided.
Overall, I really enjoyed my time in this course. On the first day I was a little worried because Mr. Amos said you gotta talk in this class, and that is not something I'm good at. However, throughout the course I did begin to break out of my shell a little more, the group activities were fun and I found it easier with each one to feel more comfortable with public speaking. Mr. Amos does an incredible job teaching, his lessons are more of a conversation rather than "Here is what we're doing" on the board which I liked a lot. Mr. Amos also made me feel safe with public speaking and there were tons of laughs in the class. Definitely taking grade 12 law next year.
There isn't much I can think of that could be improved in this course. Mr. Amos was and is an amazing teacher, the class was full of laughs and his way of teaching is different than most teachers. It was very easy to stay focused in class, everyday was something new, exciting and informative. You did an amazing job this quad Mr. Amos.
Most Interesting
The most notorious criminal case culminating task was one I really enjoyed. Criminal cases like the ones we explored and learned about in class during the presentations interest me a lot, which is why when I"m older I want to go into the law enforcement field or criminology area. I'd like to be a criminal psychologist and work with people to find out why they do what they do, learning about Peter Woodcock, Clifford Olsen and Paul Bernardo's childhood was super interesting to me and convinced me for to be into the criminology field. To continue, I enjoyed watching the presentations and learning lots about all the notorious cases, they were very informative and well done.
One of my Favourites
The interrogation improve was a fun task, it required improve and fast thinking. I was in a group with Ella and Emma H, and we interrogated Clayton using the Reid Technique. I however, did not talk much during the interrogation as I was nervous but it was an overall fun and enjoyable experience. Watching the other interrogations was cool, seeing how others employed the Reid Technique and the laughs that followed were enjoyable and memorable.
Best Debate Topic
The model parliament task was definitely my favourite. I was pleased with my performance and the debates were in depth with the topics. Everyone played their parts and argued their bills really well. I was in a group with Emma Bruce and Emma Harral, we were the NPD party and our bill dealt with raising minimum and student wage in Canada. Emma H wasn't able to come in that day, so I was nervous since she is most definitely the more talkative out of the two of us. Emma Bruce introduced the bill and then I pretty much had it from there which, I was very pleased with. That is probably why this was one of my favourites, I was overall very proud of my work and performance. Furthermore, the model parliament was also the best debate topic. Jack and Maci had a good debate topic going with Clayton, Kent, and Jaiden. The main debate was over vaccine mandates and seeing every party play their part well was amazing, despite them believing in what their party wanted or not.
Should someone who is intoxicated/ sleepwalking or anyone who does not have the mens rea when an act is committed be convicted?
It goes both ways, yes and no. If someone is intoxicated, they are choosing to do so, and most people know how their behaviour changes when they drink or do drugs etc. So I do feel that those who are intoxicated and commit a crime should be convicted.
Whereas, if it is the case, for example, someone is sleepwalking. That person should be let off, just as how Kenneth Parks was. He had no intention of doing the things he did, and had no control over when it was happening.
Someone who is intoxicated, still has some form of control.
Subjective Statements and controversial topics are:
Example: "Do you think the mask mandate should have been lifted"
"Should Sir. John. A McDonald Street name be changed?"
Under the "Intro" section under the Rights and Freedoms topic I have listed the sections of the charter.
To recap:
Examples:
Also be found in "Branches of Government" Under "Legal Foundations"
Legislative
Function: Makes laws for the government of a nation.
Members: Queen.
Bodies: Senate and House of Commons.
Elected or appointed?: Members of the commons are elected and the senate is appointed by the governor general
Responsibilities: Make and pass laws.
Executive:
Function: Enact and enforce the laws of a nation.
Members: Prime Minister and Queen.
Bodies: Cabinet.
Elected or appointed?: Cabinet is appointed - chosen by Prime Minister.
Responsibilities: Enforce Laws.
Judicial
Function: Interpret and apply laws made by parliament.
Members: Judges.
Bodies: Supreme Court of Canada.
Elected or appointed?: Supreme Court of Canada judges are appointed by the Governor General.
Responsibilities: Apply laws and resolve conflicts.
Code of Hammurabi: One of the earliest- known sets of recorded laws. (written by King Hammurabi Babylon)
Mosaic Law: Laws given to Moses to guide the Hebrew people, and recorded in the bible. - Included the 10 commandments.
Law according to the Romans: Formed the basis of civil laws and criminal laws.
Magna Carta: A charter of political and civil rights signed in 1215.
Trial by Ordeal: Requiring a person to undergo torture to determine guilt or innocence.
Trial by oath helping: Requiring friends of the accused to swear on the Bible that he/ she is innocent.
Trial by combat: Determining guilt or innocence by having a duel.
Divine Right: The concept that monarchs and their successors derived their power to rule from God and were accountable only to God.
Sequence of events:
Verdict: The verdict at the end of the trial was that Michael was not guilty. The reason the jury deemed him not guilty was because in order to be convicted (Deemed guilty) you must be guilty beyond a reasonable doubt and Michael's sleepwalking history, and good relationship with his parents in law meant there was no clear motive, therefor; was not guilty beyond a reasonable doubt.
Actual Case- Kenneth Park (Real life case)
The Notwithstanding Clause can also be referred to as a power override.
"S. 33 of the Canadian Charter of Rights and Freedoms, which allows federal and provincial governments to pass legislation that is exempt from s. 2 and ss. 7 to 15 of the charter"
Example of a case involving the Notwithstanding Clause:
http://www.thecourt.ca/working-families-ontario-v-ontario-ontario-invokes-notwithstanding-clause/
The case was one I used for the unit one culminating assignment. This case is Working Families Ontario v Ontario and this case deals with the amendments to Ontario's election finances at RSO. Employing the Notwithstanding Clause in this circumstance violates these families fundamental freedoms.
The Sammy Yatim and Forcillo case was one that outraged the public, and led to multiple protests over the loss of 18-year old Sammy.
https://www.cbc.ca/news/canada/toronto/james-forcillo-sammy-yatim-parole-1.5434443
Above is a link posted in 2020, regarding Forcillo being granted full parole.
Look under the "Elements of a Crime" subtopic under the "Intro" topic under the Criminal Law section.
Summary: Less serious crimes, less serious punishments
Indictable: More serious crimes, more heavier punishments
Hybrid: Can be charged as either summary or indictable - crown decides
Criminal/ Property offences are under the "Criminal Offences" and "Property Offences" Under the "Criminal Law" main topic.
Just to recap:
The Act- Actus Reus
Actus Reus is the guilty act and shows that you committed the act voluntarily or by omission.
CANNOT BE FORCED
The Intention- Mens Rea.
Mens Rea is the guilty mind, the act was intentional, knowing, negligent or willfully blind.
For example; During our mock trial, Michael Hudson (Jaiden) killed his mother in law and severely hurt his father in law. However, while he committed these actions, he was sleepwalking. Since, Michael was sleepwalking the mens rea was not there, the "guilty mind" was not evident and both the mens rea and the actus reus need to be evident in order for a conviction to occur.
Look under the "Bill Flow Chart" in the Legal Foundations section of the Mindomo to see how a bill is processed and passed.
Just to recap:
Clifford Olsen:
Angelina Napolitano:
Mickey Mcarthur:
Maple Syrup Heist:
The Great Winnipeg Gold Heist:
Robert Pickton:
Jennifer Pan:
Paul Bernardo:
Peter Woodcock:
The Butter- Box Killers (Lila and William Young)
Luke Rocco Magnotta
UNIT FOUR
During our talk with Jay Skukowski, he mentioned two civil law cases he worked with. Those cases are;
Here is a quick summary of one of the cases:
Festival Hall v Galota
Article Link
Plaintiff, was a young women who fell off a dance floor at a nigh club. The women then, used an occupier's liability action against Republic in December 2007, she claimed she was injured as a result of unsafe conditions on the dance floor. Rebuplik was who she used, but they are the tenant and Festival is the landlord/ owner. The claim was an insured claim and the plaintiff issued an appeal. However, the appeal was denied as no other party could have responsibility for her injury.
Look under "Private Vs.. Public Law" under the "Legal Foundations" units.
Solve things without having to go into trial
Mandatory mediation: Have to mediate the case before going to trial
Combination of the two: Mediations and trail
If no mediation can be resolved- goes to trial
Pressure of trial causes resolution
Have trials go halfway- Start with trial, then the two sides begin mediating to resolve issues.
Some things involved with being a civil law lawyer:
Never really want to be the one to challenge jurors.
Mediation: Solving issues before/ without having to go to trial.
UNIT THREE
Jury Basis
Benefits
Draw Backs
If you are selected:
Juries are selected through empaneling:
(The judge can expect anyone with personal interest in the case or with personal hardship)
jurors have a civic duty to serve but you can not attend if:
Jurors can request a deferral - Jury service be rescheduled to a later date or be fully excused from jury duty.
NOTE: only a judge can grant a deferral or excusal.
After questioning lawyers then can make:
occupations that can not serve as jurors:
The Criminal Court System
Structure
Responsibilities
Provincial:
Federal:
Preliminary Hearing: (before trial)
Appeal
The Participants:
1) There is no substitution for questioning.
2) Have an objective.
3) Baby steps- can lead to your point.
4) For Cross examination, lead, lead, lead, lead.
5) Know yourself.
6) Be aware of the court atmosphere.
7) Know when to script and when to deviate.
8) Know your audience.
9) Know the rules.
10) Know the judge.
Above, off of the powerpoint done in yesterdays class is the flow chart of how a criminal offence would get tried.
Here is a layout of the court room, with roles and where everyone is seated.
There are many different ways an accused can defend themselves in court, they are:
Alibi:
The accused was elsewhere when the crime was committed and it is on the crown to be able to prove it. (Amos. 2)
Mental States:
If they are not mentally fit to understand the trail proceedings, a judge can issue an assessment. (Amos. 3)
Mental Disorder:
Unable to form the mens rea to be criminally responsible.
This can happen in 2 ways:
When a judge deals with an issued that is not mentally fit, there are 3 options that they have.
Automatism:
The accused is/ was unaware of the act they committed. The acts reas is not evident.
Insane automatism vs. non- sane automatism:
Insane automatism: a from of automatism caused by a mental disorder.
Non- insane automatism: a form of automatism caused by external force. (Amos. 6)
Intoxication:
The accused was overpowered by drugs or alcohol, however, this not does excuse their behaviour, but van be used in specific intent crimes. (Amos. 7)
Self Defence:
There is a use of force to defend yourself, but the force is reasonable. If a threat is evident, and it is lethal to your life, force can be used if;
Battered Women Syndrome:
It is not a defence, strictly- speaking, but is used to establish a state of mind which can then be used to justify an act of violence. (Amos. 9)
Defence of Dwelling (Home):
Remove a trespasser in a reasonable manner, and defend your home. If the trespasser refused to leave your home, they are legally committing a crime. (Amos. 10)
Necessity:
The accused/defendant did not have a reasonable alternative to commit an illegal act. They must show the following;
Compulsion or Duress
The accused if forced by a threat or violence to commit an illegal act against their will. (Amos. 12)
Provocation:
Words or actions that are insulting enough that cause an ordinary person to lose control. These element must be proven;
Not Criminally Responsible:
A court verdict stating that a person has committed an illegal act but, at the time, was suffering from a serious mental illness that made them capable of understanding the consequences of the act.
There Arrest and Pre Trail Process
What happens when a police officer arrests you and what to expect
Common reasons to be stopped at a traffic light:
There are 2 categories offences can fall into:
Other reasons you may be stopped:
Will be stopped if an officer believes:
The police can enter your residence if:
When you are arrested, the following will happen:
The officer will inform you that:
You will be asked the following:
PEACE Technique
5 steps in the PEACE Technique
Reid Technique
The 9 steps involved with the Reid Technique
Step 1. Direct/ positive confrontation.
Step 2. Theme development
Step 3. Handling Denials
Step 4. Overcoming objections
Step 5. procurement and retention of suspect's attention
Step 6. Handling the suspect's mood
Step 7. Alternative question
Step 8. Orally relay various details of the offence
Step 9. Written Reflection
Policing is an extremely difficult job, mentally and physically. There are Many requirements, pre requisites and expectations in order to be a police officer.
Case Studies
Arrests: Two Case Studies
Two case studies looked at in class were the Nova Scotia Rampage case and the cam McLeod and Bryer Schmegelsky Manhunt
These two cases involve police investigations and how the police did their work. The cases were similar and different in ways, but the focus is the police work involved with each case.
Kam McLeod and Bryer Schmegelsky were on the run from the police, it was a manhunt. The terrain was very grassy, bushy, hot and rural making it hard for the police to pinpoint their exact location or where they were headed. The police were given/ found a video recording of the two boys at a gas station and from there they were able to follow the trail. The police got evidence, and followed a trail finding more evidence such as one of the victim's backpack.
The second case is the Nova Scotia Rampage. The police work was a bit different as it the man committing these crimes committed multiple, in different small towns in Nova Scotia. The man drove a replica car of the police cars in the area, but the police officers did not understand the extent of how much his car looked like theirs, which potentially allowed for him to kill more people and commit the crimes he did, Maybe if the police recognized ti was to the extent it was at, they could have caught him sooner. However, despite that, the police were able to follow him to the towns he was committing the crimes in and eventually apprehend him.
Finally, another case we looked at was the James Forcillo case.
Crimes Against Another
Classifying Homicide:
Culpable Homicide: First and second degree murder, includes manslaughter and infanticide.
Non- Culpable Homicide: Accident, self defence. but is different than not criminally responsible. (Amos. 2)
First Degree Murder:
Second Degree Murder and Manslaughter:
The intent must be specific and anything that is not classified as first degree, is classified as second degree or manslaughter. Both can carry a life imprisonment penalty, and manslaughter has a general intent. (Amos. 4)
Manslaughter:
Culpable homicide that is not murder or infanticide is manslaughter. Every person who commits manslaughter is guilty of an indictable offence and is liable. (Amos. 5)
Infanticide:
Wilful act or omission causes a women to kill her new-born baby. The punishments for infanticide include: an offence punishable on summary offences or, and indictable offence and liable for imprisonment for a term less than 5 years. (Amos. 7)
Assault:
There are 3 levels of assault. They are;
Sexual Assault:
There are 3 levels of sexual assault. They are;
Commodification of Sexual Assault:
Not in the criminal code, and involved soliciting, which is'
Punishment for Murder:
first and second degree murder, will be sentenced to life in prison. (Amos. 5)
Property Offences
Theft:
When someone takes another's belongings without owner's permission. The magic number for theft is $5000, anything under is hybird, and anything over is indictable. (Amos. 2)
Robbery:
When someone takes another's belonging without owner's permission through violence. The maximum imprisonment is life. (Amos. 3)
Breaking and Entering:
Entering a premises without permission. (Amos. 4)
Mischief:
Willfully destroying, interfering, or interfering with person with regard to damaging property/ data and public mischief. (Amos. 4)
Fraud:
Intentionally deceiving someone to cause loss of property, money or service. The convict someone of fraud, the intent must be evident. The magic number for fraud is also $5000. (Amos. 6)
Gambling:
Disorderly house, for gambling.
If making a profit off gambling in your own home, it is disorderly house. (Amos. 7)
Conditions that Must Exist for an act to be considered aa crime
What is the Criminal Code?
It is a federal statute that contains the criminal laws passed by parliament. It lists the offences and punishments, reflects societal values, and can be amended, revised or appealed over time.
The criminal code is divided into 28 parts: (Amos. 5)
The 6 parts of the criminal code we focused on:
Level of Offences
Summary: Less serious crime, with lesser punishments
Indictable: More serious Crime, with heavier punishments
Hybrid Offence: Can be tried as summary or indictable. (Amos. 7)
Quasi- Criminal Laws
Laws covering less serious offences at the provincial or municipal level, the laws when broken are usually punished with fines. These laws allow provinces to pass their own laws and are not considered criminal law, but is written as criminal law.
Example: Traffic violations. (Amos. 8)
Elements of a Crime
In order to convict a person of a criminal offence, the intention and the act itself must be evident.
The Act- Acts Reus
Actus Reus is the guilty act and shows that you committed the act voluntarily or by omission.
CANNOT BE FORCED (Amos. 10)
The Intention- Mens Rea.
Mens Rea is the guilty mind, the act was intentional, knowing, negligent or willfully blind. (Amos. 11)
Liabilities
The legal responsibility. (Amos. 15)
Elements of a Crime
In order to convict a person of a criminal offence, the intention and the act itself must be evident.
The Act- Acts Reus
Actus Reus is the guilty act and shows that you committed the act voluntarily or by omission.
CANNOT BE FORCED (Amos. 10)
The Intention- Mens Rea.
Mens Rea is the guilty mind, the act was intentional, knowing, negligent or willfully blind. (Amos. 11)
Liabilities
The legal responsibility. (Amos. 15)
Provincial Court: The lowest level in the hierarchy of Canadian Courts.
Preliminary Hearing: A judicial inquiry to determine whether there is sufficient evidence to put the accused person on trial.
Appeal: An application to a higher court to review the decision made by a lower court.
Superior Court of the Province: The highest criminal and civil court, consisting of a trial division and an appeal division.
Court of Appeal: A court with the authority the review decisions made by lower courts.
Federal Court of Canada: A court with jurisdiction to hear civil and criminal cases referred by federal boards or commissions and to rule on constitutional issues referred by the attorney general.
Supreme Court of Canada: The highest appeal court in Canada.
Beyond a reasonable doubt: There is no chance the accused is not guilty and vice versa.
Roles in the Court
Judge: The court official appointed to try cases in a court of law and to sentence convicted persons.
Justice of the Peace: A court official who has less authority than a judge but can issue warrants and preform some other judicial functions.
Accused: In criminal court, the person charged with committing a criminal offence.
Duty Counsel: A lawyer or duty in a courtroom or police station to give free legal advice to persons just arrested or brought before the court.
Defence Counsel: A lawyer who defends an accused person on trial.
Crown Counsel: The lawyer representing the government, responsible for instituting legal proceedings against the accused.
Evidence: Information that tends to prove or disprove the elements of an offence.
Court Clerk: The court official who assists the judge.
Court reporter: The court official who records everything said in court during trial.
Bailiff: Assist the sheriff.
Challenge for cause: The right of the crown or defence to exclude someone from a jury for a particular reason.
Peremptory Challenge: The right of the crown or defence to exclude someone from a jury without providing a reason.
Empaneling:
Burden of proof: The crown's obligation to prove the guilt of the accused beyond a reasonable doubt.
Direct examination: The first questioning of a witness to determine what he or she observed about the crime.
Cross- Examination: The second questioning of a witness to test the accuracy of the testimony; preformed by the opposing counsel.
Motion for dismissal: A request by defence counsel that the judge dismiss the chargers against the defendant.
Directed verdict: A decision by the judge to withdraw the case from the jury and enter a verdict of not guilty.
Rebut: To contradict evidence introduced by the opposing side.
Surrebuttal: A reply to the opposing side's rebuttal.
Hearsay evidence: Evidence given by a witness based on information received from someone else rather than personal knowledge.
Direct Evidence: Testimony given by a witness to prove an alleged fact.
Circumstantial Evidence: Indirect evidence that leads to a reasonable inference of the defendant's guilt.
Charge to the jury: The judge's explanation to the jurors of how the law applies to the case before them.
Hung Jury: A jury that cannot reach a unanimous verdict.
Summary offence: less serious crime, with less serious penalties.
Indictable offence: More serious crimes, with heavier penalties.
Hybrid offence: could be tried has either summary or indictable.
Homicide: Killing of another.
Culpable homicide: A killing where the accused can be held legally responsible.
Non-culpable homicide: A killing where the accused can not be held legally responsible.
Murder: Intentional killing of another.
First- degree murder: Planned or deliberate killing.
Second- degree murder: Any murder not classified as first- degree.
Infanticide: The killing of a newborn infant by the child's mother.
Manslaughter: Any culpable homicide not classified as murder or infanticide.
Provocation: Words or actions that could cause a reasonable person to behave irrationally or lose self-control .
Assault: Threatened or actual physical contact without consent.
Assault with a weapon or causing bodily harm: Injuring a person in a way that has serious consequences for the victim's health or comfort.
Aggravated assault: Wounding, maiming, disfiguring, or endangering the life of the vicim.
Sexual assault: Touching of a sexual nature that is not invited or consensual.
Aggravated sexual assault: Sexual assault that involves wounding, maiming, disfiguring, or endangering the life of the victim.
Theft: Taking property permanently or temporally, without the owner's permission.
Colour of right: The honest belief that a person owns or has permission to use an item.
Theft over: over $5000 is indictable.
Theft Under: Under $5000 is summary.
Robbery: Theft through violence.
Breaking and entering: Breaking or opening something to enter the premises without permission.
Mischief: willfully destroying or damaging property or data.
Public mischief: Providing false information that caused police to start or continue an investigation without cause.
Fraud: Intentionally deceiving someone in order to cause a loss of property, money, or service.
Disorderly house: A common bawdy, betting, or gaming house.
Controlled substance: Any drug listed in schedules I to V of the controlled drugs and substances act.
Possession: The state of having knowledge of and control over something.
Trafficking: A criminal Offence that involves selling, giving, transporting, or distributing a controlled substance or an authorization for a controlled substance.
Money Laundering: Transferring cash other property to conceal its illegal origin.
Crime scene: The site where the offence took place.
Centre: The area in which the offence was actually committed.
Perimeter: The areas surrounding the centre, where the offender may have been present or may have left evidence.
Contamination: The loss, destruction, or alteration of physical evidence.
Police log: A written record of what an officer has witnessed.
Physical evidence: Any object, impression, or body element that can be used to prove or disprove facts relating to an offence.
Forensic science: The use of biochemical and other scientific techniques to analyze evidence in a criminal investigation.
Impressions: Patterns or marks found on surfaces and caused by various patterns.
Latent fingerprint: The print formed by natural oils and perspiration on the fingertip' it is invisible to the naked eye.
Chain of custody: The witnessed, written record of the people who maintained unbroken control over an item of evidence.
Reasonable grounds: Information that would lead reasonable person to conclude that the suspect had committed a criminal offence.
Reverse onus: The burden of proof shifts to the defence.
Quasi- criminal laws: laws covering less serious offences at the provincial or municipal level (Most often punishable by fines).
Actus Reus: "The guilty act".
Mens Rea: A deliberate intention to commit a wrongful act, with reckless disregard for the consequences.
Intent: the desire to carry out the act and knows what the results will be.
General Intent: The desire to commit a wrongful act, with no ulterior motive or purpose.
Specific Intent: The desire to commit one wrongful act for the sake of accomplishing another.
Motive: The reason a person commits a crime.
Criminal Negligence: Wanton or reckless disregard for the lives and safety of others. Sometimes causing serious injury or death.
Wilful Blindness: A deliberate closing of one's mind to the possible consequences of one's actions.
Regulatory Laws: Deferral or provincial statutes meant to protect the public welfare.
Liability: Legal responsibility for a wrongful act.
Strict Liability Offence: Offences that do not require mens rea but to which the accused can offer the defence of due diligence.
Due diligence: The defence that the accused took every reasonable precaution to avoid committing a particular offence.
Perpetrator: The one who commits the act
Parties to an offence: Those people who are indirectly involved in committing a crime.
Aiding: A criminal offence that involves helping a perpetrator commit a crime.
Abetting: The crime of encouraging the perpetrator to commit an offence.
Counselling: A crime that involves advising, recommending, or persuading another to commit a crime.
Accessory after the fact: Someone who knowingly receives, comforts, or assists a perpetrator in escaping from the police.
Party to common intention: The shared responsibility among criminals for any additional offences that are committed in the Course of the crime they originally intended to commit.
UNIT TWO
The fundamental freedoms under the charter are:
In class we looked at and discussed 3 case involving fundamental freedoms and how those freedoms apply/ are being broken, here are 2 examples.
Article Link
https://www.cbc.ca/news/canada/calgary-teen-must-receive-blood-transfusions-court-1.328022
Article Link
https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/695/index.do
The charter states this democratic rights for citizens:
The Legal Rights Under the Charter
Legally, every person in Canada has the right to these rights.
5 Types of Discrimination
-Those we are harassed feel unsafe, scared, uncomfortable, and begin to feel many other negative side effects.
-Those who face harassment are unwelcome, or known to be unwanted.
Examples: Racism, Verbal/ emotional abuse.
-Those affected can lose their appetite, turn to drugs, or feel isolated, angry and alone.
-A distinction of sexual harassment is seeing someone say/ do sexual things to another without consent.
Examples: Starting sexual rumours about another.
-Those affected can feel violated, and be denied certain rights.
-A distinction of constructive discrimination is that it occurs in a seemingly neutral environment, but has a discriminatory effect.
Examples: All employees must..
-Those affected can feel defeated and hurt.
-A distinction is toxic words to another, and created a poisoned/ toxic environment.
Examples: Bullying.
-Those affected can feel lower than others, not as "deserving" and a whole group of people can be denied.
-A distinction is discrimination on a social level as a whole. Examples: Bias, racism, and unequal treatment.
The Indian act is a part of our history that will always be remembered:
Indian Act is a major example of discrimination.
Here is an article regarding Canada wanting to amend for the Indian Act.
https://news.un.org/en/story/2022/03/1113262
Sections of the Charter
The charter applies to everyone in Canada, and the rights and freedoms protected in the charter do not apply equally to all persons.
Throughout the course, we began to look at cases and apply the charter to real life cases and events:
-The R v Morgentaler case, this case deals strongly with women's right, and the right to our bodies. The result of the case was a win for women, as, it made abortion legal in Canada.
An article that we read was on the protest convoys in Ottawa a few weeks ago. We discussed whether the charter protects all freedoms without limits and the answer is no. The charter will protect freedom of speech to an extent, there is a limit, (ie. Hate crimes) and the Keegstra case is another example of where the freedom of speech was limited, since, his opinion and freedom of speech was essentially a hate crime against the Jewish people.
Right: A legal, moral r social entitlement that all people have because they are human beings.
Freedom: The ability to conduct one's affairs without being hampered or frustrated.
The Canadian Charter of Rights and Freedoms:
Discrimination:
Notwithstanding clause: S. 33 of the charter allows federal and provincial governments to pass legislation that is exempt from s. 2 and s. 7-15 of the charter.
Capital Offence: A crime punishable by death in some jurisdiction.
Extradition: Surrendering an accused person to another jurisdiction to stand trial.
Human rights: Fundamental rights and freedoms to which all people are entitled.
Prejudice: A opinion based off of a stereotype or false information.
Constructive Discrimination: Employment policies that inadvertently exclude certain individuals, which results in discrimination.
Direct Discrimination: An overt act of discrimination.
Harassment: Persistent behaviour that violates the human right of the victim.
Sexual Harassment: Unwelcome sexual contact, remarks etc.
Poisoned environment: Am uncomfortable or disturbing atmosphere created by the negative comments or behaviour of others.
UNIT ONE
Legislative
Function: Makes laws for the government of a nation.
Members: Queen.
Bodies: Senate and House of Commons.
Elected or appointed?: Members of the commons are elected and the senate is appointed by the governor general
Responsibilities: Make and pass laws.
Executive:
Function: Enact and enforce the laws of a nation.
Members: Prime Minister and Queen.
Bodies: Cabinet.
Elected or appointed?: Cabinet is appointed - chosen by Prime Minister.
Responsibilities: Enforce Laws.
Judicial
Function: Interpret and apply laws made by parliament.
Members: Judges.
Bodies: Supreme Court of Canada.
Elected or appointed?: Supreme Court of Canada judges are appointed by the Governor General.
Responsibilities: Apply laws and resolve conflicts.
How a Bill Becomes a Law
For a law to be passed and become a bill, it needs to go through the following steps:
Above is the flow chart done in class, this flow chart explains the steps needed for a bill to become a law.
Here is a comparison chart for public and private law.
The types of Law
International Law Domestic Law
Substantive Law Procedural Law
Private Law Public Law
Constitutional Law Tort law
Administrative Law Contract Law
Criminal Law Family Law
Wills and Estates
Property Law
Employment Law
Definition of Each type Of law and examples
(Case Examples)
Example: The Notwithstanding Clause in the Working Ontario v Ontario case
Example:
Example: A murder is committed.
Example: I got hit by a car and is suing the other person.
Example: A phone contract is not payed.
Example: A divorced couple is in a custody battle for their child.
Example: A person's grandma passed, and has left a will for her grandchildren.
Example: A tenant
Example: An employee is treated differently by an employer due to their race.
Three Main Sources of Law in Canada:
Constitutional Law
Statue Law
Common Law
Constitutional Law
Federal Jurisdiction in Canada
Provincial Jurisdiction in Canada
Municipal Jurisdiction in Canada
Statute Law
Common Law (Case law)
Due to disputes rarely fitting into one category, there are multiple categories of law, and they are:
International Law
Domestic Law
Substantive Law
Procedural Law
Public Law
Private Law
Ancient Laws
Throughout our history, we have seen many different ways of laws throughout society:
Code of Hammurabi: One of the earliest- known sets of recorded laws. (written by King Hammurabi Babylon)
Mosaic Law: Laws given to Moses to guide the Hebrew people, and recorded in the bible. - Included the 10 commandments.
Law according to the Romans: Formed the basis of civil laws and criminal laws.
Magna Carta: A charter of political and civil rights signed in 1215.
Trial by Ordeal: Requiring a person to undergo torture to determine guilt or innocence.
Trial by oath helping: Requiring friends of the accused to swear on the Bible that he/ she is innocent.
Trial by combat: Determining guilt or innocence by having a duel.
Divine Right: The concept that monarchs and their successors derived their power to rule from God and were accountable only to God.
Rule of Law: The principle of justice stating that the law is necessary to regulate society.
Retribution: payment made by the offender to the victim of a crime.
Revenge: Justice based on vengeance and punishment.
Adversarial System: The judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury.
Case Law: A method of deciding cased based on recorded decisions of similar cases.
Common Law: Relies on case law, and is common to all people.
stare Decisis: Latin phrase meaning "To stand by the decision".
Rule of precedent: Applying a previous decision to a case that has similar circumstances.
Magna Carta: A charter of political and civil rights signed in 1215.
Habeas Corpus: A court order designed to prevent unlawful arrest by ensuring anyone detained is charged before a court within a reasonable time.
Bylaws: Laws that deal with local issues and are passed by municipal governments.
