Court cases
R v Morgentaler
legalized medical abortion in Canada
Vriend v. Alberta
determined that a legislative omission can be the subject of a Charter violation
R. v. Keegstra
wilfully promoting hatred against an identifiable group by communicating anti‑semitic statements to his students.
Seminor topics
Youth Criminal Justice
The criminal Justice system is truly flawed. Even though Canada is trying to improve the quality of youh's (12-17 years old) in prison by adding the Youth Offender Act (The YOA adopts what is known as the "justice" model of juvenile criminal justice. It recognizes the special needs and vulnerability of youth because they are not) and amendments prosimed by parliment, it is not enough. The amount of marginalized communties in prison is at insane rate. youth Indigenous People's make up 48% of custody admissions and 39% of community admissions in 2017/2018 in the reporting jurisdictions and youth black people make up 18% of the population in youth prison. Workers at these prisons constantly treat marginalized communities with no respect and treat them as if they are nothing.
Policing
Policing is a major problem in today's society. Police officers have gotten the reputation of being harmful and dangerous to the public. Which in relaity is true. Police brutality have been a constant problem in society. Police officers use their job as a way on gaining power over others, when they shouldn't be. even thought the problem with policing is severe, police officers are an important job to have in society to be able to control criminal acts. Overall, if police officers take anishitive on making time to become better and stop police brutaklity and all the injustices they do, our society will gain respect for them.
Accessibility and Affordability
If someone commits a crime or has to to court becuase something happend, it is very expensive. A lawyer cost between 100-1000 dollars an hour depending on the experence this lawyer has in court. This can be extremly hard for low income families trying to afford a lawyer. The high cost of these legal services can prevent people from accessing legal advice and representation, which can be detrimental to their rights and interests. Marginalized Communities often face systemic barriers that make it harder to access legal services
Furthermore, accessibility to justice. This includes, availability of legal aid, court services, and other resources necessary to navigate the legal system. people may not be able to access these types of things, meaning that they can't access justice
Rights and Freedoms
CCRF
protects those basic rights and freedoms of all Canadians that are considered essential to preserving Canada as a free and democratic country
Judicial Activism
Limitation of Parliamentary Sovereignty
Protection of Fundamental Rights
Protection of Minority Rights
Equality Rights
Constitutional Law
Supreme Court of Canada
the highest court in the judicial system of Canada
Final court of appeal
Influence on legal development
Legal expertise and diversity
Lack of Accountability
Unelected Judges
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary.
Protection of minority rights
Clarity and stability
Protection of individual rights and freedoms
Difficulty in amendment
Interpretation challenges
OHRC
The Code prohibits actions that discriminate against people based on a protected ground in a protected social area.
Enforcement challenges
Pros
Prohibition of Retaliation
Protection of Human Rights
Equality and Non-Discrimination
It takes time
Suit people with a low credit score or who would otherwise struggle to get a mortgage through traditional financing
A contract for a deed can be a friendlier
Between friends or family
the seller retains the legal title to the property until the payment plan is completed.
the buyer lacks security and rights to their home.
Helps to prevent future misunderstandings or disputes by making the agreement clear from the beginning.
Provides proof of what was agreed between you and the other party.
2nd type of contract law
Unilateral
In a Unlateral contract, one party is obligated to fulfill its obligation only if and when the other party completes a specified task.
Diffculties can arrise if the offeror decides revokes the reward before the terms are fulfilled
An offeror cannot generally sue for breach of contract.
Can enable the offeror to save time and money
Most efficent way to publicize a bussinesses activity
Bilateral
A promise from one party in exachange for a promise from the other party. It is a one to one contract.
Emlimitating trade taxes makes it harder to make money
Less successful compaines will tend to go out of bussiness because it is hard to keep their bussiness going
an expansion of the market for a country's goods through concerted negotiation between two countries.
Rule of law
The rule of law is a political ideal that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders.
lack of flexibility in law results in hardship and injustice to the people
provides a shield for individuals from arbitrary state action.
Private law
Family law exists to protect all members in domestic relationships, even when the relationship ends. Family law exists to protect all members in domestic relationships, even when the relationship ends.
Afforability of the homes after the spouces divorce
Family disputes
It also governs relationships between parents and children
It governs relationships between spouses
Employment Law
Types of employment Laws
Human Rights
Laws preventing discrimination and ensuring equal treatment in the workplace.
Hiring
Laws and regulations related to the recruitment, selection, and hiring process
Workplace regulations
Legislation addressing workplace safety, health, and standards.
Compensation
Laws governing wages, overtime pay, minimum wage, and vacation pay.
pros
Vacation pay
Benifits
Termination
Rules and requirements for ending the employment relationship
Subtopic
Employment law refers to the body of laws, regulations, and legal principles that govern the relationship between employers and employees in the workplace. Employment law attempts to ensure fair treatment, rights, and obligations for both employers and employees. Intended to both protect and balance the rights of business owners and employees
inflict additional costs and responsibilities on companies
Making contributions to someones pension
Employment contract
Employment Standard Act, 2000
Tort Law
A tort is a civil wrong that causes a person to suffer harm or loss, resulting in a legal liability for the person who commited the tortious act. The four elements of tort law are duty, breach of duty, caustion, and injury
It could stop a lawsuit before it even starts
It targets specific industries
It can result in more injuries and harm
it offers different methods of resolution
It limits attorney fees.
It maintains the ability to file a lawsuit
It allows juries to focus on the case instead of the reward
Human rights
This is done to ensure people are treated equally and fairly as human beings, regardless of the group to which they belong
Lack of Enforcement
Cultural Relativism
Peace and Stability
Freedom and Liberty
Dignity and Equality
1st type of contract law
Simple Contract
Simple contracts are imformal that may be made in any way. This includes: writting, orally or they may be implied by conduct
Contract of deed
A deed is a formal legal documennt signed, witnessed, and delivered to effect the conveyance or transfer of property pr a legal obligation
public Law
Criminal Law
Crown and defence
Crown, are lawyers employed by the Criminal Justice Branch of the Ministry of the Attorney General. defense lawyer, is an attorney representing a defendant in a lawsuit or criminal prosecution.
Jury
a group of people randomly selected to make decisions at a trial in a court of law
Judge
public official vested with the authority to hear, determine, and preside over legal matters brought in a court of law
Conspiracy
agreement between two or more people to commit a crime or to achieve something legal by doing something illegal
Attempt
intends to commit the crime, but fails,
Parts of Actus Reas
Due Diligence
defense used by the defendant, took care not to commit the offence or honestly believed in a mistaken set of facts.
Protects the people and risks that might occur
Limited by time and budget
Absoulute Liability
to prove the absolue liabilitly you only need to prove the actus reas. There is no possible defence and if the person committed actus reus, he or she is guilty, no matter what precautions were taken to avoid committing the offence, can’t use due diligence.
imposes liability on people who are not blame worthy
Strict Liability
when a defendant is liable for committing an action, regardless of what his/her intent or mental state was when committing the action
Easier enforcement
Deterrent
Promotion of care
Ineffectiveness
Injustice
Elements of Crime
Mens Rea
Carry less penalties
Don’t carry stigma associated with criminal convictions
describe the two basic elements the government needs to prove in order to convict a person of a crime.
What goes into the Mens Rea
Recklessness
Careless disregard for the possible result of an action
Knowledge
knowledge of facts that have happened
Motive
reason for committing an offence
Gulity act
Actus Reas
Wrongful deed. Actual physical act of the crime
None, helps promote a fair and just legal system
Determones wather the crime has actually been commited
Types of criminal offences
Hynrid Offences
Crown attorney has the right to proceed summarily and impose a less severe punishment, or to proceed by indictment.
Summary Conviction Offences
This Minor Conviction. Can be summoned to court without delay.
Indictable Offences
Serious crimes. Criminal Code, set up max penalties for each offence. Penalty decided by the trial judge
a system of law concerned with the punishment of those who commit crimes.
N/A
Protecting the public
Preventing crime
Criminal Code of canada
a federal law that includes definitions of most of the criminal offences that the Parliament of Canada has enacted
Consistency across the country
Protection of rights
Overcriminalization
Lack of Clarity
Complexity
Legal Principles
Hearbeas Corpus
The right a person has under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.
Slow process interms of passing legislation
protects against unlawful and indefinite imprisonment
The right to be pursumed innocent
A presumption of innocence means that any defendant in a criminal trial is assumed to be innocent until they have been proven guilty.
It can be abused
It can be difficult to prove guilt because the burden of proof is on the prosecution, it can be difficult to prove that a person is guilty beyond a reasonable doubt
safeguard the fundamental liberty and human dignity of every person
Impartiality
Equal treatment the accused and the dispuntants
Inflexibility in decision-making
Subjectivity and bias
Inequality and systemic biases
have an unprejudiced view of all parties and have no personal interest in the outcome of the dispute
Equality
the rights of all citizens to equal treatment under the law.
It doesn't bridge the gap between groups or individuals.
It does not prioritize personal needs.
Equality can reduce violence
Equality improves education
Equality is good for the economy
Equality reduces poverty
Roles and Resposibilities
educating and defending clients regarding their rights, communicating with courts and other lawyers, and managing their clients' legal proceedings.
Fairness and impartiality
Efficient case management
Specialization and expertise
Clarity and accountability
Ethical Dilemmas
Abuse their role
Heritage
French
French revolution
Feudalism
social system that existed in Europe during the Middle Ages in which people worked and fought for nobles who gave them protection and the use of land in return.
helped protect communities from the violence and warfare
the distribution of land and wealth
feudalism divided the society into two classes
It was hard to maintain a stable government
Equal rights to justice and protection under the law.
It brought the right to vote.
The French Revolution was a period of major social upheaval that began in 1787 and ended in 1799. It sought to completely change the relationship between the rulers and those they governed and to redefine the nature of political power
Civil law
Limited Precedent
provides clear guidelines for legal relationships
Family Law
Property Law
Contract Law
The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.
English
Presedence
Inflexibility
prevents laws from evolving
provides certainty in the law.
When something has been done that can later serve as an example or rule for how other things should be done
Common Law
Cons
Lack of Certainty
Its reliance on precedents can lead to uncertany
Pros
esponds rapidly to community expectation
faster
more flexible
A body of unwritten laws based on legal precidents established by courts. We use this Law in Ontario, it was originated in England , commencing in the 11th century and was eventually adopeted memebers into the Britsh Commonwealth
Legal Fundatations
Is our system fair and just
