Welcome to Canadian Law: LAWR4S
This optional Specialized (S) level course studies Canadian Law as it relates to investigation, criminal law, law suits, forensics, human rights, family law, etc. A field trip to observe the courts in action, guest speakers, movies, case studies, project work and group work are included in the course. Law 40S is now a Senate approved course which can be used to calculate the admission and entrance scholarship averages at the University of Winnipeg.
This optional Specialized (S) level course studies Canadian Law as it relates to investigation, criminal law, law suits, forensics, human rights, family law, etc. A field trip to observe the courts in action, guest speakers, movies, case studies, project work and group work are included in the course. Law 40S is now a Senate approved course which can be used to calculate the admission and entrance scholarship averages at the University of Winnipeg.
Course Outline LAWR4S
Click on the link below to access the current LAWR4S outline.
dmci_grade_12_law_course_outline_2022-2023.pdf | |
File Size: | 257 kb |
File Type: |
Let's Connect on Social Media
Instagram: @msadennis
Twitter: @msadenniswpg
Hashtag: #dmcilaw
There are many great law related organizations on twitter. Follow them to keep on top of current topics and find out how you can learn about cases and projects that you are passionate about. Remember that you are now a #lawstudent
Twitter: @msadenniswpg
Hashtag: #dmcilaw
There are many great law related organizations on twitter. Follow them to keep on top of current topics and find out how you can learn about cases and projects that you are passionate about. Remember that you are now a #lawstudent
Youth Parliament of Manitoba
Youth Parliament of Manitoba (YPM) is one of the longest-running model parliament organizations in the world, having held sessions continuously since 1922.
If you are interested in more information or would like to register, click on the link below. Please note that financial aid is available for students who may require it in order to attend.
http://www.ypmanitoba.ca/
Shania Pruden, a fellow Manitoba youth, attended Youth Parliament and wrote about the experience in the following blog. Check it out!
https://shaniapruden.wordpress.com/2017/01/06/youth-parliament-of-manitoba/
- Improve your public speaking skills!
- Speak out on important issues!
- Make new friends! Meet politicians!
- Build your resume
- Learn about current issues
If you are interested in more information or would like to register, click on the link below. Please note that financial aid is available for students who may require it in order to attend.
http://www.ypmanitoba.ca/
Shania Pruden, a fellow Manitoba youth, attended Youth Parliament and wrote about the experience in the following blog. Check it out!
https://shaniapruden.wordpress.com/2017/01/06/youth-parliament-of-manitoba/
Law Day
Each year, during the month of April, the anniversary of Parliament’s passing of the Canadian Charter of Rights and Freedoms is commemorated through the celebration of Law Day. The purpose of the Law Day Open House is to educate the members of the public about the legal system in Manitoba. Every year the public is invited to tour the Courts and attend a number of free events. As always, Law Day features mock trials, Citizenship Court, legal information sessions and, debates.
Should you wish to attend Law Day this year, please note the following information:
When: Sunday, April 15th from 12:00pm - 3:30pm
Where: Winnipeg Law Courts Building at 408 York Avenue
What: Some of the events that are scheduled include Mock Trials put on by various high school classes, Information Kiosks, Information Sessions as follows 12:15 – 1:15pm - Family Law/Courtroom 114; 12:15 – 1:15pm - Law as a Career/Courtroom 115; 2:30 – 3:30 – Frauds & Scams – Courtroom 115
Note: There will be free admission and refreshments and you will be allowed into Courtroom 210, the only courtroom constructed of marble.
http://www.manitoba-eh.ca/Sp-38-Court-Queens-Bench.htm
Forum for Young Canadians Program in Ottawa
Be a voice! Be part of democracy!
Each year, a limited number of spaces are available for students aged 15-19 to spend a week in Ottawa. During that time they will gain a better understanding of the national decision-making process in Canada.
Visit the website below for more information and to apply.
http://forum.ca/the-program/for-students/?lang=en
Each year, a limited number of spaces are available for students aged 15-19 to spend a week in Ottawa. During that time they will gain a better understanding of the national decision-making process in Canada.
Visit the website below for more information and to apply.
http://forum.ca/the-program/for-students/?lang=en
Self Quiz - Test Reviews
Throughout the course, I may add a link to a self check quiz related to our unit of study. There is no guarantee that all of these questions will be on the test, however it is an opportunity to test your understanding of that particular area of law. You will need to add your name prior to checking your answers.
Chapter 1: Introduction to Law Review
take.quiz-maker.com/Q8QGDEYJ8
Chapter 2: Charter Rights Review
take.quiz-maker.com/Q8QXDR4J8
Chapter 3: Human Rights Review
take.quiz-maker.com/Q4TEMF6Q6
Chapter 4: Introduction to Criminal Law Review
take.quiz-maker.com/QCZ9LLX8P
Chapter 5: The Police Investigation, Arrest and Going to Trial Review
take.quiz-maker.com/QQ524NSM4
Chapter 6: Review - Trial Procedures
take.quiz-maker.com/QV3BCWV5F
Chapter 7: Review - Criminal Code Offences: (it says chapter 5 but this is the correct review for Chapter 7)
http://www.nelson.com/business/0176201483/quizzes/chapter_5_self-quiz.htm
Chapter 10 Youth Justice System Review
http://www.nelson.com/business/0176201483/quizzes/chapter_10_self-quiz.htm
Gang Review - you may need to copy and paste this link: OPTIONAL UNIT - not always covered
http://highered.mheducation.com/sites/0028009088/student_view0/chapter16/multiple_choice_quiz.html
Chapter 1: Introduction to Law Review
take.quiz-maker.com/Q8QGDEYJ8
Chapter 2: Charter Rights Review
take.quiz-maker.com/Q8QXDR4J8
Chapter 3: Human Rights Review
take.quiz-maker.com/Q4TEMF6Q6
Chapter 4: Introduction to Criminal Law Review
take.quiz-maker.com/QCZ9LLX8P
Chapter 5: The Police Investigation, Arrest and Going to Trial Review
take.quiz-maker.com/QQ524NSM4
Chapter 6: Review - Trial Procedures
take.quiz-maker.com/QV3BCWV5F
Chapter 7: Review - Criminal Code Offences: (it says chapter 5 but this is the correct review for Chapter 7)
http://www.nelson.com/business/0176201483/quizzes/chapter_5_self-quiz.htm
Chapter 10 Youth Justice System Review
http://www.nelson.com/business/0176201483/quizzes/chapter_10_self-quiz.htm
Gang Review - you may need to copy and paste this link: OPTIONAL UNIT - not always covered
http://highered.mheducation.com/sites/0028009088/student_view0/chapter16/multiple_choice_quiz.html
What is Law?
Laws are essentially a set of rules, but there are 3 main characteristics that make laws different from simple rules:
1. Laws are a set of rules established and enforced by government.
2. Laws are mandatory.
3. Laws involve consequences
1. Laws are a set of rules established and enforced by government.
2. Laws are mandatory.
3. Laws involve consequences
Why People Have Laws
Hammurabi's Code of Laws: History of Law
Magna Carta and the Study of Law
The Magna Carta and its companion document, the Charter of the Forest, set the groundwork for many concepts that continue to define democratic life today. As symbols of justice, they also act as powerful reminders that those who govern do so only by the consent of the people.
Some key principles:
The companion document of the Magna Carta, the Charter of the Forest, was originally issued in 1217. Canada will receive the 1300 exemplification.
Source: http://www.magnacartacanada.ca/
The Canadian Museum of Human Rights (CMHR) celebrates the 800th anniversary of the historic document that set the groundwork for many concepts that continue to define democratic life. The exhibit runs until September 18, 2015.
Some key principles:
- Nobody is above the law of the land: The basis of equal justice at all levels of society.
- Habeas Corpus: Freedom from unlawful detention without cause or evidence.
- Trial by jury: Rules to settle disputes between barons and the Crown established trial by a jury of one’s peers.
- Women's rights: A widow could not be forced to marry and give up her property – a major first step in women's rights.
The companion document of the Magna Carta, the Charter of the Forest, was originally issued in 1217. Canada will receive the 1300 exemplification.
- Universal human rights: Key rights and protections for the common man.
- Protection of the commons: Sets clear limits to privatization and the importance of stewardship for share
Source: http://www.magnacartacanada.ca/
The Canadian Museum of Human Rights (CMHR) celebrates the 800th anniversary of the historic document that set the groundwork for many concepts that continue to define democratic life. The exhibit runs until September 18, 2015.
The Feudal System and Common Law
The Feudal System
In 1066, King William of England introduced a feudal system. Under this system, the king owned all of the land and divided most of it among his lords or noblemen. The Lords had their own servants, or vassals. If a vassal broke the law, their Lord could punish them however they saw fit. Punishments were inconsistent and unfair.
Common Law
King William appointed judges to travel throughout England and decide cases. Cases with similar facts were decided in the same way. If a judge issued a verdict in a new case, that decision became the standard for similar future cases - precedent. The system of law based on past legal decisions is known as common law or case law.
Key Vocabulary
Case Law: recorded written decisions of judges, also known as common law.
Common Law: a system of law based on past legal decisions; also known as case law.
Precedent: a legal decision that serves as an example and authority in subsequent cases.
Appeal: referring a case to a higher court to reconsider the lower court's decision.
In 1066, King William of England introduced a feudal system. Under this system, the king owned all of the land and divided most of it among his lords or noblemen. The Lords had their own servants, or vassals. If a vassal broke the law, their Lord could punish them however they saw fit. Punishments were inconsistent and unfair.
Common Law
King William appointed judges to travel throughout England and decide cases. Cases with similar facts were decided in the same way. If a judge issued a verdict in a new case, that decision became the standard for similar future cases - precedent. The system of law based on past legal decisions is known as common law or case law.
Key Vocabulary
Case Law: recorded written decisions of judges, also known as common law.
Common Law: a system of law based on past legal decisions; also known as case law.
Precedent: a legal decision that serves as an example and authority in subsequent cases.
Appeal: referring a case to a higher court to reconsider the lower court's decision.
Trial by Ordeal
Trial by ordeal was an ancient judicial practice by which the guilt or innocence of the accused was determined by subjecting them to an unpleasant, usually dangerous experience.
Divisions of Power: Federal, Provincial, and Municipal
The Canadian Parliament includes the Sovereign, Senate, and House of Commons. The Canadian Judiciary system consists of the supreme court, Federal court, and Provincial courts.
Please click on the link to the following video to see how the Canadian government system works.
https://www.youtube.com/watch?v=x_Vm7oaoOuU
Please click on the link to the following video to see how the Canadian government system works.
https://www.youtube.com/watch?v=x_Vm7oaoOuU
divisions_of_law_federal_provincial_municipal_chart.pdf | |
File Size: | 203 kb |
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How a Law is Made
Although the following video focuses specifically on how a law is made in Ontario, the main points focus on how bills become laws in provinces and territories throughout Canada.
Adapted from The Federal Legislative Process in Canada (CA1 J 87F24 Documents). To become law, a bill must first be introduced in either the Senate or the House of Commons. It must then pass through various stages in each House: first, second and third reading. Then it must receive Royal Assent. Source: Queens University
Adapted from The Federal Legislative Process in Canada (CA1 J 87F24 Documents). To become law, a bill must first be introduced in either the Senate or the House of Commons. It must then pass through various stages in each House: first, second and third reading. Then it must receive Royal Assent. Source: Queens University
Discover how Canadians govern themselves by using the interactive tool below that was created by the Government of Canada.
http://www.parl.gc.ca/About/Parliament/SenatorEugeneForsey/inside_view/follow_bill-e.html
http://www.parl.gc.ca/About/Parliament/SenatorEugeneForsey/inside_view/follow_bill-e.html
Chapter 1 Test Review Info
Given that the link to the Chapter 1 Self Quiz questions is currently down, please click on the PDF below to see the multiple choice questions (and their responses) that you will find on the Chapter 1 Quiz.
all_about_law_chapter_1_self_quiz_practice.pdf | |
File Size: | 228 kb |
File Type: |
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
what-is-the-difference-between-a-right-and-a-freedom.pdf | |
File Size: | 20 kb |
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ccrh_pdf_version.pdf | |
File Size: | 112 kb |
File Type: |
canadian_charter_of_rights_and_freedoms.pdf | |
File Size: | 80 kb |
File Type: |
Making Changes to the Constitution
The Amending Formula 1982
The amending formula is the set of conditions required to make changes to the Canadian Constitution. In the Constitution Act of 1982 it states that a constitutional change can be made only if seven out of ten provinces (2/3) representing at least 50 percent of the population of Canada agree with the proposed change.
If a province votes against the proposed change it can opt out, but if it later decides to join the majority and accept the constitutional amendment, it cannot change its mind again.
Source: Canada History Project
The amending formula is the set of conditions required to make changes to the Canadian Constitution. In the Constitution Act of 1982 it states that a constitutional change can be made only if seven out of ten provinces (2/3) representing at least 50 percent of the population of Canada agree with the proposed change.
If a province votes against the proposed change it can opt out, but if it later decides to join the majority and accept the constitutional amendment, it cannot change its mind again.
Source: Canada History Project
Principle of Equity
Equity – the legal principle that requires all cases to be decided fairly; it balances the inflexible application of the law.
Advantages:
-Law is administered fairly
-Law considers all of the factors in a case
Disadvantages:
-each new decision could create a new law
-different judges could interpret law differently
Advantages:
-Law is administered fairly
-Law considers all of the factors in a case
Disadvantages:
-each new decision could create a new law
-different judges could interpret law differently
Legal Citation
The Importance of Legal Citation
Legal research relies very heavily on citation. In the first year of law school, citation focuses primarily on cases, statutes, articles and book citation. Case citation serves two major functions: first, a complete citation allows the reader to find the decision; second, it should convey valuable information about the case, including the year it was handed down, court level, jurisdiction and case history (if included). Accurate citation provides a road map that directs the reader to where to locate the law. As with an actual road map, users of citations depend on their accuracy. (Source: Queen's University Library)
Legal research relies very heavily on citation. In the first year of law school, citation focuses primarily on cases, statutes, articles and book citation. Case citation serves two major functions: first, a complete citation allows the reader to find the decision; second, it should convey valuable information about the case, including the year it was handed down, court level, jurisdiction and case history (if included). Accurate citation provides a road map that directs the reader to where to locate the law. As with an actual road map, users of citations depend on their accuracy. (Source: Queen's University Library)
Right to Die Cases and Legislation in Manitoba
April 5, 2016: The first patient in Manitoba granted physician-assisted death died peacefully according to family.
READ MORE: First Manitoba patient granted doctor-assisted death died peacefully: family
March 15, 2016: A Manitoba judge grants a a terminally ill patient the right-to-die by doctor-assisted death. Justice Glenn Joyal made the ruling, a first of its kind in Manitoba. Joyal also said the patients name, age, gender and illness cannot be disclosed to the public, as well as names of doctors and healthcare providers who will assist in the lethal injection.
READ MORE: First assisted death application in Manitoba heard Tuesday
March 3, 2016: An 89-year-old Winnipeg woman dies after choosing to stop taking her medications, including insulin, to end her life. Jess Bowness’ obituary asks the public to write politicians to show support for the broadly defined right-to-die legislation, and to urge legislators to act soon.
March 2014: Former Manitoba Tory MP Steven Fletcher introduces two private members bills: One to allow doctors to help people end their lives under certain circumstances, and another to establish a commission to monitor the system and make recommendations for improvement.
READ MORE: Manitoba Conservative MP Fletcher plans right-to-die bill
April 2013: Winnipegger Susan Griffiths, who suffered from a rare degenerative neurological disorder, travelled to Switzerland to take advantage of the country’s assisted-suicide law. Griffiths had urged the Canadian government to reopen the debate on doctor-assisted suicide. Her family members and friends continued to lobby on her behalf after she died.
October 1998: This case challenged the boundaries of the ‘do not resuscitate’ (DNR) orders. Andrew Sawatzky, 79, was admitted to the Riverview Health Centre in Winnipeg, suffering from Parkinson’s disease. His doctors decided to place a DNR order on his chart, but his wife Helene objected. When she could not get them to remove it, she took the health centre to court. She was given a temporary court order removing the DNR decision. Sawatzky died before a full hearing could be held.
November 1997: Winnipeg police find the body of Susan Doerksen in a garage in Southdale. Her husband, Bert Doerksen, was suspected of helping her die with carbon monoxide. Family members said Susan suffered from cancer, osteoarthritis and heart disease, was in constant pain and had expressed a desire to die. Bert Doerksen, 79, was charged with assisting his wife to take her own life. The trial was to be the first of its kind on Manitoba, as Doerksen faced a maximum penalty of 14 years in prison. However, the charges against him were later dropped as he had terminal cancer.
Source: Global News Winnipeg/Shaw Media
READ MORE: First Manitoba patient granted doctor-assisted death died peacefully: family
March 15, 2016: A Manitoba judge grants a a terminally ill patient the right-to-die by doctor-assisted death. Justice Glenn Joyal made the ruling, a first of its kind in Manitoba. Joyal also said the patients name, age, gender and illness cannot be disclosed to the public, as well as names of doctors and healthcare providers who will assist in the lethal injection.
READ MORE: First assisted death application in Manitoba heard Tuesday
March 3, 2016: An 89-year-old Winnipeg woman dies after choosing to stop taking her medications, including insulin, to end her life. Jess Bowness’ obituary asks the public to write politicians to show support for the broadly defined right-to-die legislation, and to urge legislators to act soon.
March 2014: Former Manitoba Tory MP Steven Fletcher introduces two private members bills: One to allow doctors to help people end their lives under certain circumstances, and another to establish a commission to monitor the system and make recommendations for improvement.
READ MORE: Manitoba Conservative MP Fletcher plans right-to-die bill
April 2013: Winnipegger Susan Griffiths, who suffered from a rare degenerative neurological disorder, travelled to Switzerland to take advantage of the country’s assisted-suicide law. Griffiths had urged the Canadian government to reopen the debate on doctor-assisted suicide. Her family members and friends continued to lobby on her behalf after she died.
October 1998: This case challenged the boundaries of the ‘do not resuscitate’ (DNR) orders. Andrew Sawatzky, 79, was admitted to the Riverview Health Centre in Winnipeg, suffering from Parkinson’s disease. His doctors decided to place a DNR order on his chart, but his wife Helene objected. When she could not get them to remove it, she took the health centre to court. She was given a temporary court order removing the DNR decision. Sawatzky died before a full hearing could be held.
November 1997: Winnipeg police find the body of Susan Doerksen in a garage in Southdale. Her husband, Bert Doerksen, was suspected of helping her die with carbon monoxide. Family members said Susan suffered from cancer, osteoarthritis and heart disease, was in constant pain and had expressed a desire to die. Bert Doerksen, 79, was charged with assisting his wife to take her own life. The trial was to be the first of its kind on Manitoba, as Doerksen faced a maximum penalty of 14 years in prison. However, the charges against him were later dropped as he had terminal cancer.
Source: Global News Winnipeg/Shaw Media
Aboriginal Issues in Canada
Aboriginal rights, like treaty rights, are recognized and affirmed by Section 35 of the Constitution Act, 1982. The Supreme Court of Canada has held that this provision protects a spectrum of different kinds of rights, including legal recognition of customary practices such as marriage and adoption, the site-specific exercise of food harvesting and other rights that don’t involve claims to the land itself, and assertions of an Aboriginal title to traditional lands.
Source: Canadian Encyclopedia
Landmark Ruling on Native Rights
http://www.cbc.ca/news/canada/6-landmark-rulings-on-native-rights-1.1316961
Source: Canadian Encyclopedia
Landmark Ruling on Native Rights
http://www.cbc.ca/news/canada/6-landmark-rulings-on-native-rights-1.1316961
Human Rights in Canada
Since signing the Universal Declaration of Human Rights in 1948, the Canadian government has attempted to make universal human rights a part of Canadian law. There are currently four key mechanisms in Canada to protect human rights: the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, the Canadian Human Rights Commission, and provincial human rights laws and commissions.
Source: https://en.wikipedia.org/wiki/Human_rights_in_Canada
Source: https://en.wikipedia.org/wiki/Human_rights_in_Canada
The Women's Movement in Canada
Since the end of the 19th century, Canadian women have been organizing to redefine their place in society, demanding equality and justice. The following video outlines the work of Nellie McClung and other suffragettes who paved the way for women's rights in Manitoba and other provinces in Canada.
Indigenous Rights in Canada
Throughout this section we will be exploring both historic and current indigenous issues here in Canada. We will also be watching several news clips and documentaries pertaining to inequitable education funding in First Nations communities. Please find two of the video links below.
Failing Canada’s Children: 16x9
https://www.youtube.com/watch?v=xhEh-D7IRQc
Cold Reality Of Canada’s Northern Communities
https://www.youtube.com/watch?v=bq4dgVmtyMo
CBC's The Fifth Estate Cross Lake: This is Where I Live
http://www.cbc.ca/fifth/episodes/2016-2017/cross-lake-this-is-where-i-live
Failing Canada’s Children: 16x9
https://www.youtube.com/watch?v=xhEh-D7IRQc
Cold Reality Of Canada’s Northern Communities
https://www.youtube.com/watch?v=bq4dgVmtyMo
CBC's The Fifth Estate Cross Lake: This is Where I Live
http://www.cbc.ca/fifth/episodes/2016-2017/cross-lake-this-is-where-i-live
Failing Canada's Children Exit Slip
1. What are some of the barriers/walls facing First Nations children living in their home communities? Explain.
2. What are some of the struggles that First Nations students face when they need to attend high school off reserve and leave their family? Explain using evidence from the class notes and/or videos.
3. In your opinion, what can we, as Canadians, do to help First Nations children lead better lives? What can the government do?
1. What are some of the barriers/walls facing First Nations children living in their home communities? Explain.
2. What are some of the struggles that First Nations students face when they need to attend high school off reserve and leave their family? Explain using evidence from the class notes and/or videos.
3. In your opinion, what can we, as Canadians, do to help First Nations children lead better lives? What can the government do?
Same Sex Rights in Canada
Same-sex rights in Canada have come a long way since 1965. That year, the Supreme Court of Canada upheld a ruling that labelled Everett Klippert a "dangerous sexual offender" and threw him in prison for admitting he was gay and that he had sex with other men.
Today, homosexual Canadians enjoy much more freedom and societal acceptance. Here's a look at some of the changes that have occurred since Klippert was sent behind bars.
www.cbc.ca/news/canada/timeline-same-sex-rights-in-canada-1.1147516
Today, homosexual Canadians enjoy much more freedom and societal acceptance. Here's a look at some of the changes that have occurred since Klippert was sent behind bars.
www.cbc.ca/news/canada/timeline-same-sex-rights-in-canada-1.1147516
Jim Egan: Heritage Minute
Jim Egan was a pioneering gay activist who publicly challenged and fought against a culture of rampant homophobia in the press starting in the late 1940s, this was at a time when it was dangerous to speak out. In the late 1980s, Jim Egan challenged the Government of Canada to receive spousal benefits for his life partner, Jack Nesbit. Their Canadian Supreme Court Case case would ensure that sexual orientation is protected under the Charter of Rights and Freedoms. This is why it became a landmark victory for the LGBTQ2 community.
Murder in the Village: Bruce McArthur and the Mysterious Deaths
Murder in the Village Exit Slip Questions:
1.What was the main idea behind this Fifth Estate program? What were the producers trying to tell us as viewers?
2. Why is the Toronto police force being criticized? What are the prevailing thoughts among the LGBTQ community about the police?
3. What previous Canadian investigation cases were discussed in this CBC program? Be as specific as you can about them.
4. In your opinion, how can police investigative techniques improve to better serve the needs of the LGBTQ communities in our country?
Additional Viewing Resources:
https://toronto.citynews.ca/2019/01/29/timeline-bruce-mcarthur/
https://globalnews.ca/news/4923175/bruce-mcarthur-statement-of-facts-police-investigation/
https://globalnews.ca/news/4937703/bruce-mcarthur-sentence-parole/
https://www.cbc.ca/radio/thecurrent/no-body-no-crime-prevailing-wisdom-stops-police-catching-killers-says-former-detective-1.4572562
Civil vs. Criminal Law in Canada
A civil case is a private case where someone sues someone else. This is also known as a suit or action. In a criminal case, the Crown prosecutes an accused under a public-law statute such as the Criminal Code or the Controlled Drugs and Substances Act.
Civil Cases:
A civil action or suit starts when individuals or corporations disagree on a legal matter, such as the terms of a contract or the ownership of a piece of property. A civil suit can also result if someone is injured or property is damaged. For example, someone who breaks a leg when he or she slips on an icy stairwell may sue for compensation. The person who sues is called the plaintiff. The person being sued is called the defendant.
Civil cases are complex. A suit goes through several stages: pleadings, discovery, and the trial itself.
Criminal Cases:
A crime is considered to be an offense against society as a whole, so it is usually the state that starts a criminal prosecution.
Criminal offenses are set out in the Criminal Code or in other federal laws. There are two types:
Source: http://www.justice.gc.ca/eng/csj-sjc/just/08.html
Civil Cases:
A civil action or suit starts when individuals or corporations disagree on a legal matter, such as the terms of a contract or the ownership of a piece of property. A civil suit can also result if someone is injured or property is damaged. For example, someone who breaks a leg when he or she slips on an icy stairwell may sue for compensation. The person who sues is called the plaintiff. The person being sued is called the defendant.
Civil cases are complex. A suit goes through several stages: pleadings, discovery, and the trial itself.
Criminal Cases:
A crime is considered to be an offense against society as a whole, so it is usually the state that starts a criminal prosecution.
Criminal offenses are set out in the Criminal Code or in other federal laws. There are two types:
- Summary conviction offenses, which are the most minor cases, for example causing a disturbance; and
- Indictable offenses, which are more serious and include theft, break and enter, and murder.
Source: http://www.justice.gc.ca/eng/csj-sjc/just/08.html
Criminal Law
Criminal law is concerned with acts or omissions deemed illegal by legislature. Criminal law offences range from crimes such as murder, assault, robbery and theft to driving with a blood alcohol level over the legal limit.
In Canada, criminal law is enacted by the Federal Parliament. Criminal procedure in Canada is concerned with:
Types of Offences
Offences are set out in the The Canadian Criminal Code
and are divided into two broad types: "summary" and "indictable". Summary offences tend to be less serious ones, indictable more serious.
Source: http://www.canadianlawsite.ca/criminal.htm
In Canada, criminal law is enacted by the Federal Parliament. Criminal procedure in Canada is concerned with:
- criminal proceedings in the criminal courts:
- conduct within the courtroom,
- competency of witnesses,
- oaths
- affirmations,
- presentation of evidence.
- pleading,
- evidence, and practice,
- rules in the Criminal Code which deal with police powers,
- right to counsel,
- search warrants,
- interim release, and
- witnesses, etc.
Types of Offences
Offences are set out in the The Canadian Criminal Code
and are divided into two broad types: "summary" and "indictable". Summary offences tend to be less serious ones, indictable more serious.
Source: http://www.canadianlawsite.ca/criminal.htm
Amanda Todd Case
We will be studying the Amanda Todd Sextortion Case in class. Once you have had an opportunity to learn about the case, charges, and subsequent trials, please answer the following exit slip questions:
1. What was the key/main idea of The Sextortion of Amanda Todd? What do you think the program was trying to teach us? Explain your reasoning.
2. How does illegal online activity impact aspects of criminal law (investigations/laying charges/international jurisdiction) compared to other criminal offences? How does illegal online activity impact the victims of cyber-crimes?
3. In your opinion, how should law enforcement/the court system/the public deal with illegal online activities? What can be done to improve the way things are handled now?
4. What did you learn or what will you remember most about this CBC program?
1. What was the key/main idea of The Sextortion of Amanda Todd? What do you think the program was trying to teach us? Explain your reasoning.
2. How does illegal online activity impact aspects of criminal law (investigations/laying charges/international jurisdiction) compared to other criminal offences? How does illegal online activity impact the victims of cyber-crimes?
3. In your opinion, how should law enforcement/the court system/the public deal with illegal online activities? What can be done to improve the way things are handled now?
4. What did you learn or what will you remember most about this CBC program?
Citations
A Legal citation is the practice of crediting and referring to authoritative documents and sources. The most common sources of authority cited are court decisions (cases), statutes, regulations, government documents, treaties, and scholarly writing.
Here is an example of the elements of a citation:
Here is an example of the elements of a citation:
Negotiation, Mediation, and Arbitration
Alternative Dispute Resolution ("ADR") refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration.
Negotiation is the mutual discussion and arrangement of the terms of a transaction or agreement
Conciliation is where things are agreed upon or reconciled.
Mediation is an attempt to find a peaceful settlement between parties.
Arbitration is the hearing and determining of a dispute or the settling of differences between parties by a person or persons chosen or agreed to by them
Negotiation is the mutual discussion and arrangement of the terms of a transaction or agreement
Conciliation is where things are agreed upon or reconciled.
Mediation is an attempt to find a peaceful settlement between parties.
Arbitration is the hearing and determining of a dispute or the settling of differences between parties by a person or persons chosen or agreed to by them
Source: WIPO Arbitration and Mediation Center, International Survey on Dispute Resolution in Technology Transactions
Law Courts Field Trip
This year's Law Courts Tour and Courtroom Observation dates are:
Semester 1: Tuesday, November 26, 2019 (9:00-3:00)
NOTE: Changes due to construction at 408 York Ave.
If you are arriving to the Law Courts by bus, look below for a link to the Winnipeg Transit Trip Planner. If you type in your origin (the address you're leaving from) and your destination, along with the time you need to arrive, you will see several transit route options.
There is also a map that will show you the Law Courts Building at 408 York Avenue as well as the CURRENT ENTRANCE POINT at
405 Broadway Ave. (it is down the street from the main Law Courts Building and entrance) and the neighbouring streets. Please see me if you have any concerns with your travel options.
You need to be at 405 Broadway Ave. at 9:00 a.m. sharp. We will meet just inside the main door. I'm guessing we will need to pass through security on the main level prior to taking the stairs or elevator to the second floor and to the overpass/walkway into the Law Courts Building. Please read the list of dos and don'ts PRIOR to attending the trip. It is sure to be a fascinating experience.
You need to be at the Law Courts Building at 9:00 a.m. sharp. We will meet just inside the main door, on the right side of security.
Please read the list of dos and don'ts PRIOR to attending the trip. It is sure to be a fascinating experience.
http://winnipegtransit.com/en/navigo
The Dos and Don'ts of our Law Courts Field Trip
Do:
Don't:
Semester 1: Tuesday, November 26, 2019 (9:00-3:00)
NOTE: Changes due to construction at 408 York Ave.
If you are arriving to the Law Courts by bus, look below for a link to the Winnipeg Transit Trip Planner. If you type in your origin (the address you're leaving from) and your destination, along with the time you need to arrive, you will see several transit route options.
There is also a map that will show you the Law Courts Building at 408 York Avenue as well as the CURRENT ENTRANCE POINT at
405 Broadway Ave. (it is down the street from the main Law Courts Building and entrance) and the neighbouring streets. Please see me if you have any concerns with your travel options.
You need to be at 405 Broadway Ave. at 9:00 a.m. sharp. We will meet just inside the main door. I'm guessing we will need to pass through security on the main level prior to taking the stairs or elevator to the second floor and to the overpass/walkway into the Law Courts Building. Please read the list of dos and don'ts PRIOR to attending the trip. It is sure to be a fascinating experience.
You need to be at the Law Courts Building at 9:00 a.m. sharp. We will meet just inside the main door, on the right side of security.
Please read the list of dos and don'ts PRIOR to attending the trip. It is sure to be a fascinating experience.
http://winnipegtransit.com/en/navigo
The Dos and Don'ts of our Law Courts Field Trip
Do:
- Please be on time. We will be meeting just past security at 9:00 a.m. and will examine the docket sheet to see which trials you will sit in on in the morning. After lunch we will meet with a Law courts tour guide at 12:30 p.m. (please don't be late) who will give us a tour of the Law Courts. You will go through security and meet me on the other side.
- Bring a pen and small notebook to take notes. You will need to complete an assignment based on this experience. See PDF file below.
- Remember that you must be quiet in the court room. Make sure there are no pagers, cell phones or watch alarms going off or in use in the court room. Turn off all devices!
- Bring a lunch or money to purchase a lunch. We will be at the Law courts all day so please either bring a lunch or money to purchase lunch. We will likely walk across the street to the Norquay Building and eat in their cafeteria. In the Spring, we may even be able to grab a bite at the food trucks on Broadway.
- Do enjoy yourself!
Don't:
- Do not bring any unnecessary items to the courts. You may be searched.
- Do not bring a bulky back pack or wear a hat.
- Do not talk after the judge has entered the courtroom.
Law Courts Journal Response
The following assignment is due 2-3 days after you return from the Law Courts Field Trip. It is expected to be typed and well-thought out. It will also be worth marks.
law_courts_field_trip_journal_response_student_copy.pdf | |
File Size: | 272 kb |
File Type: |
Manitoba Court of Queen's Bench - Recent Judgements
The following link takes you to the Manitoba Court of Queen's Bench recent judgements. It's usually updated approximately 3 weeks after cases are decided upon.
It might also help you if you were wonderfing about some of the verdicts in cases you observed during the field trip.
http://www.manitobacourts.mb.ca/court-of-queens-bench/recent-judgments/
The following link takes you to the Manitoba Court of Queen's Bench recent judgements. It's usually updated approximately 3 weeks after cases are decided upon.
It might also help you if you were wonderfing about some of the verdicts in cases you observed during the field trip.
http://www.manitobacourts.mb.ca/court-of-queens-bench/recent-judgments/
What to Expect When Attending Court
Please view the short video below to see what you can expect when visiting the Manitoba Law Courts Building.
http://www.manitobacourts.mb.ca/video-library/#Attending_Court
http://www.manitobacourts.mb.ca/video-library/#Attending_Court
Gangs 101
Although the legal definition of gangs in Canada is, at times, unclear, our country is facing an increase in criminal gang activity. The most prevalent gangs in Canada include:
- Street gangs
- Outlaw Motorcycle Gangs
- Mafias and Organized crime groups, including Aboriginal Based Organized Crime, Punjabi organized crime, and East Asian organized crime
- Drug cartels
According to a 2004 police report, "The Hells Angels remain some of the largest and most powerful motorcycle gangs in the country, with growing influence in British Columbia and Ontario. Its presence has declined in other provinces due to police efforts, internal conflict and increased competition from other crime groups."
The same report stated that Aboriginal street gangs are not as highly organized as other criminal organizations in Canada, but are amongst the most violent. Aboriginal people also constitute a significant portion of prison populations throughout Canada, and the number of First Nation inmates continues to rise at a considerable rate. As of 2005 it is believed over 1000 Aboriginal youths were members of street gangs.
Source: Wikipedia
Levels of Involvement in Gangs Handout
levels_of_involvement_in_gangs.docx | |
File Size: | 16 kb |
File Type: | docx |
In the video clip below, CBC's Wab Kinew interviews Winnipeg's Most in a documentary entitled Indigenous in the City.
CBC Doc Zone produced a comprehensive documentary on gang life in Canada entitled The Gangster Next Door. Click on the link below to view it online.
http://www.cbc.ca/doczone/episodes/the-gangster-next-door
The Police Investigation, Arrest, and Going to Trial
Law Enforcement in Canada:
Key areas of focus for this chapter include:
- What is a proper and lawful arrest in criminal law?
- What are the legal rights of a person accused of committing a crime?
- What procedures do police follow int he investigation of a suspect?
- What are the various pre-trial legal procedures?
In addition, we will look at "hot topics" such as the legalization of marijuana and taser usage.
In order to prepare for the final chapter quiz, try taking the self quiz associated with this chapter. Click on the following link to access it.
http://www.nelson.com/business/0176201483/quizzes/chapter_7_self_quiz.htm
The following website The Police Insider is a good resource for up to date Winnipeg police news, both here in Winnipeg as well as national stories. As their website states:
The Police Insider (TPI) is an independent news source designed to provide readers with an “inside” look at law enforcement, crime & justice issues and breaking news stories in the violent crime and murder capital of Canada.
http://thepoliceinsider.com/about/
Mr. Big Stings
This is a controversial undercover operation which has a history of many successful confessions. However in a recent Supreme Court Ruling, there have been strict guidelines placed on officers wanting to use this practice of garnering a confession. What is a Mr. Big Sting? Click on C.BC's The Fifth Estate video below to find out more.
http://www.cbc.ca/fifth/episodes/2014-2015/mrbig
This is a controversial undercover operation which has a history of many successful confessions. However in a recent Supreme Court Ruling, there have been strict guidelines placed on officers wanting to use this practice of garnering a confession. What is a Mr. Big Sting? Click on C.BC's The Fifth Estate video below to find out more.
http://www.cbc.ca/fifth/episodes/2014-2015/mrbig
Mr. Big Sting Exit Slip Questions:
1. What was the key/main ideas of Mr. Big Sting: Cops, Criminals and Confessions? What do you think the program was trying to teach us? Use examples from the film.
2. How do confessions and witness statements impact other aspects of the law? Think broadly and narrowly.
3. What will you remember most about this CBC Fifth Estate program? Be specific.
Updates:
https://www.cbc.ca/news/canada/british-columbia/rafay-burns-innocence-projects-1.3414729
https://www.seattleweekly.com/news/king-county-prosecutor-dan-satterberg-says-the-show-is-bunk-the-creators-disagree/
1. What was the key/main ideas of Mr. Big Sting: Cops, Criminals and Confessions? What do you think the program was trying to teach us? Use examples from the film.
2. How do confessions and witness statements impact other aspects of the law? Think broadly and narrowly.
3. What will you remember most about this CBC Fifth Estate program? Be specific.
Updates:
https://www.cbc.ca/news/canada/british-columbia/rafay-burns-innocence-projects-1.3414729
https://www.seattleweekly.com/news/king-county-prosecutor-dan-satterberg-says-the-show-is-bunk-the-creators-disagree/
Trial Procedures
After a crime is committed, leads are followed, evidence is gathered, and a suspect is charged with the offence. The criminal legal process begins.
The following link takes you step-by-step through a Canadian criminal case. It explains the process clearly and simply to help you to understand, in a general way, how a Canadian criminal prosecution works.
https://www.gov.mb.ca/justice/prosecutions/stepbystep.html
The following link takes you step-by-step through a Canadian criminal case. It explains the process clearly and simply to help you to understand, in a general way, how a Canadian criminal prosecution works.
https://www.gov.mb.ca/justice/prosecutions/stepbystep.html
Criminal Code Offences
The Criminal Code is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law" (R.S.C. 1985, c. C-46, as amended).
The Criminal Code contains some defenses, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the code include the Firearms Act, the Controlled Drugs and Substances Act, the Canada Evidence Act, the Food and Drugs Act, the Youth Criminal Justice Act and the Contraventions Act.
One of the conveniences of the criminal code was that it constituted the principle that no person would be able to be convicted of a crime unless otherwise specifically outlined and stated in a statute. This legal document has played a major part in Canada's history and has also helped form other legal acts and laws, For example the Controlled Drugs and Substances Act. Source: wikipedia
Use the link below to access the Government of Canada's Department of Justice online code directory.
http://laws-lois.justice.gc.ca/eng/acts/C-46/
Consent
•Consent can be defined as freely and voluntarily agreeing to a sexual act.
•Central to most sexual assault cases.
•Supreme Court has rejected the defense of "implied consent" (e.g. flirting).
•"NO means NO" and "YES means YES".
N/B The age of consent was 14 years in 1892 and was changed to 16 years in 2008
Still confused? Watch the video below....
•Central to most sexual assault cases.
•Supreme Court has rejected the defense of "implied consent" (e.g. flirting).
•"NO means NO" and "YES means YES".
N/B The age of consent was 14 years in 1892 and was changed to 16 years in 2008
Still confused? Watch the video below....
Youth Criminal Justice System
The Youth Criminal Justice Act is the legal foundation upon which Canada's youth criminal justice system is built. Across the country, governments, police, lawyers, judges and others are working in close partnership with communities and families to prevent youth crime and to ensure a fair and effective youth justice system.
Under Canada's Constitution, the federal government is responsible for the criminal law, including youth justice legislation, while the provinces and territories are responsible for the administration of the criminal justice system.
Source: Government of Canada, Department of Justice
The following videos give us a look at Canada's Justice Act in action.
Under Canada's Constitution, the federal government is responsible for the criminal law, including youth justice legislation, while the provinces and territories are responsible for the administration of the criminal justice system.
Source: Government of Canada, Department of Justice
The following videos give us a look at Canada's Justice Act in action.
In order to help you prepare for the Youth Criminal Justice System test, click on the following link:
http://www.nelson.com/business/0176201483/quizzes/chapter_10_self-quiz.htm
Final Exam Information
As indicated in the LAWR4S course outline, students who earn a 90% or higher on term work, and have submitted ALL required assignments and who have NO MORE than 6 absences in the course, will be granted for an exam exemption.
For those students who are writing the final exam, it will take place over the following days and will be in two different parts. The first part will be an Objective exam. This will be based on your previous tests/quizzes and will be made up of multiple choice, true and false and matching questions.
The Objective (multiple choice, matching, true/false, fill in the blank) test will take place in class on Tuesday, June 9, 2020
The Process/Long Answer portion will be in class on the following days: Wednesday, June 10, 2020 - Thursday, June 11, 2020
You will be required to attend each day of the exam and will need to be bring 2 pens and 1 pencil with you to class. NO PENCILED RESPONSES ALLOWED in the booklet however you WILL need it for the Scantron sheets. You can prepare the exam by reviewing your unit tests and reading the section assessments or checking for understanding portions (at the end of each section) of the textbook. You will also need to remember some basic information about some of the videos we viewed in class.
If you have any further questions about the exam - please see me sooner, rather than later. Good luck on the final!
Please see below for a Powerpoint copy of the Exam Review that we went over in class.
For those students who are writing the final exam, it will take place over the following days and will be in two different parts. The first part will be an Objective exam. This will be based on your previous tests/quizzes and will be made up of multiple choice, true and false and matching questions.
The Objective (multiple choice, matching, true/false, fill in the blank) test will take place in class on Tuesday, June 9, 2020
The Process/Long Answer portion will be in class on the following days: Wednesday, June 10, 2020 - Thursday, June 11, 2020
You will be required to attend each day of the exam and will need to be bring 2 pens and 1 pencil with you to class. NO PENCILED RESPONSES ALLOWED in the booklet however you WILL need it for the Scantron sheets. You can prepare the exam by reviewing your unit tests and reading the section assessments or checking for understanding portions (at the end of each section) of the textbook. You will also need to remember some basic information about some of the videos we viewed in class.
If you have any further questions about the exam - please see me sooner, rather than later. Good luck on the final!
Please see below for a Powerpoint copy of the Exam Review that we went over in class.
lawr4s_exam_review_revised.pptx | |
File Size: | 430 kb |
File Type: | pptx |
lawr4s_exam_study_hints_and_review_june_2018.pdf | |
File Size: | 470 kb |
File Type: |