Canadian & International Law (CLN 4U1-01) - Final Exam

What type of demographics create changes to laws?

Population, change in age, location, or workplaces

How does technology create changes to laws?

New inventions like the internet require lawmakers to create new/fix laws

How do values change laws?

Society’s changing values such as equality and safety drive legal changes

How do emergencies create law changes?

Crises like war or disasters force rapid legal changes for public safety

What is Henry Morgenteler known for in the world of law?

He stated that the ban of abortion violates women’s liberty and security under the Charter of Rights

What is Richard Sauve known for in the world of law?

He challenged the inmate voting ban

What is Sue Rodriguez known for in the world of law?

She argued that assisted dying bans infringed her rights, thus creating the legal change to allow euthanasia

What is the Royal Commission? What do they do?

They are government appointed groups that investigate major issues and offer solutions

What is a lobby group?

A number of people trying to influence legislators on behalf of a particular case or interest

What is international law? What does it deal with?

It deals with rules between countries such as treaties, agreements, etc.

What is domestic law?

Laws that apply within Canada ONLY and made by Canadian government

What is substantive law?

Laws that define rights and duties of people in society

What is procedural law?

Laws that outline steps for enforcing legal rights and obligations

What is the Supreme Court?

The highest and final appeal court for all Canadian cases

What is the Federal Court? What does it specialize in?

The court that deals with federal laws like immigration, maritime laws, etc → Specialized court for taxes

What does the Superior Court handle?

It handles cases such as divorce, murder, or large money

What is discrimination?

Treating a person differently or adversely for no valid reason

What does prejudice mean?

An opinion or judgement based on irrelevant considerations or inadequate knowledge

What does it mean to be stereotypical?

Judging one person of a group and applying that judgement to all group members

What are human rights?

The basic rights to which all people are entitled as human beings

What is undue hardship?

The result of a charge that would affect the economic viability of an employer or result in a huge health risk that far outweighs the benefit of accommodating someone

What is a bona fide occupational qualification? (BFOQ)

A standard or rule important for preforming a job, acting like a legal defence against discrimination cases that prove accommodating someone would cause “undue hardship”

What is affirmative actions?

Policies aiming at increasing opportunities for historically disadvantaged groups

What is one remedy for Human rights Violations related to compensation?

The employer can provide compensation for lost wages

What is one remedy for human rights violations related to dignity?

The employer can provide compensation for injury to dignity, feelings, and self-respect

What are “special damages” in the context of human rights violations?

Any damages that include medical expenses and therapy

What type of order can be issues to stop discriminatory behaviour?

Cease and refrain orders can be issued against discriminatory behaviour

What type of orders can be implemented to improve organizational behaviours regarding human rights?

Policy and training orders to employees

What is a remedy for human rights violations not involving money?

A simple, meaningful apology

Who came up with the idea of the ‘Classical Theory”?

Cesare Beccaria

What is the main cause of crime according to the Classical Theory?

Individual free will

What do people rationally choose according to the Classical Theory?

People choose actions that will bring them pleasure

What principle states that punishment should fit the crime according to the Classical Theory?

According to the Classical Theory, the principle of proportionality

What is the purpose of punishments in the Classical Theory?

The purpose is to stop people from committing crimes with severe punishments

According to the Classical Theory, how should punishments be determined?

The punishments should fit the CRIME, not criminal

Who formed the “Positive Theory”?

Cessare Lombroso

What determines the actions of people according to the Positive Theory?

Biological and psychological factors

What does the Positive Theory suggest about the origin of criminal behaviour?

Criminal behaviour stems from chromosomal abnormalities

According to the Positive Theory, are criminals born or made?

All criminals are born

How should punishment be determined according to the Positive Theory?

The punishment should fit the CRIMINAL, not the crime

Who came up with the “Social Conflict Theory”?

Karl Marx and Frederick Engels

What does the Social Conflict Theory suggest about the capitalist society?

It encourages crimes as people competed for resources and wealth

What is considered the best solutions according to the Social Conflict Theory?

The best solutions is to eliminate the capitalist system

Who came up with the ‘Sociological Theory’?

Emile Durkheim

What influences behaviour according to the Sociological Theory?

Social groups and structure affect criminal behaviour

What does the Sociological Theory reject regarding criminals?

It rejects the idea that criminals are born

What are the catalysts for social values according to the Sociological Theory?

Weak or broken bonds to family, school, and religion

What role do criminals play in society according to the Sociological Theory?

Criminals are needed for society to function

What are positive alternatives that can stop people from criminal activity according to the Sociological Theory?

Belonging, competence, empowerment

What type of solutions does the Sociological Theory suggest towards crime?

Social programs that change the culture and social conditions of society

What is actus reus?

The physical act or conduct that constitutes a criminal offence

What is an act in the context of the actus reus?

A voluntary action taken by the accused that is prohibited by the criminal law

What is an omission in the context of actus reus?

The failure to do something that the accused has a LEGAL duty to do

What does state of being refer to in actus reus?

Simply having or possessing something illegal

what is Mens Rea?

Refers to the guilty mind that is NEEDED to convict someone of a crime

What is a general intent in the context of mens rea?

The intent to commit the physical act itself without needing to prove a further criminal objective →When a person commits ONE crime

What is a specific intent in the context of mens rea?

The intent to commit the physical act PLUS the ulterior/specific goal of committing another, often more serious crime

What is criminal negligence mean in the context of mens rea?

An action (or failure to act) that shows a total, obvious, and reckless disregard for the lives and safety of others

What does recklessness mean in the context of mens rea?

The accused foresaw that their actions might cause the prohibited consequence (risk), but proceeded with the action regardless

What is wilful blindness in the context of mens rea?

The accused suspected a fact but chose not to inquire to avoid having certain knowledge

What does knowledge refer to in the context of mens rea?

The accused KNEW certain facts/circumstances were true but proceeded anyway

What is the definition of a motive?

The main reason as to why a person might commit a crime

What is the definition of an intent?

The conscience desire to commit an illegal act

What is due diligence?

When an individual has taken every reasonable precaution to avoid committing an offence

What is a latent fingerprint?

A fingerprint that deposited oil and perspiration onto another object, and is usually invisible and needs chemicals or lazer light

What is a visible fingerprint?

A fingerprint that has been in context with a surface where blood, dust, or grease has been, leaving an imprint

What is a plastic/molded fingerprint?

A fingerprint that leaves a visible impression in a soft substance (clay, wax, putty, etc)

What is luminol used for?

It is a chemical agent used when a person has attempted to clean up blood

What colour does luminol glow when it reacts with iron from blood?

Blue

What information can luminol provide at a crime scene?

it can provide info such as the point of attack or what type of weapon was used

What is a problem associated with using luminol at a crime scene?

The chemical reaction can destroy other evidence at the crime scene

What are the components of the Miranda Rights?

A person as the right to retain and instruct counsel without delay, the right to call any lawyer they wish, and the right to free advice from a legal aid lawyer

What is the Reid Technique of Interrogation?

It’s a method of Interrogation that involves a monologue by an interrogator rather than a question and answer format.

What is the first step of the Reid Technique?

Confrontation: The interrogator presents the facts of the case and informs the suspect of the evidence against them and implying their involvement

What is the second step of the Reid Technique?

Theme Development: The interrogator creates a story to justify the suspects actions, speaking in a soft and soothing voice

What is the third step of the Reid Technique?

Stopping Denials: The interrogator interrupts the suspects denial attempts to increase their confidence

What is the fourth step of the Reid Technique?

Overcoming Objections: The interrogator addresses logic-based objections from the suspects after a theme as been developed

What is the fifth step of the Reid Technique?

Getting the Suspects Attention: The interrogator builds insecurity in the suspect by pretending to be their ally

What is the sixth step of the Reid Technique?

Suspect Loses Resolve: The interrogator leads the suspect towards confession if their body language indicates surrender

What is the 7th step of the Reid Technique?

Alternatives: The interrogator presents two contrasting motives to the suspect (socially acceptable or morally repugnant), building up the contrast until the suspects indicates a choice

What is the 8th step of the Reid Technique?

Bringing the Suspect into the Conversation: The confession begins once the suspect choose an alternative

What is the 9th step of the Reid Technique?

The Confession: The final confession is obtained and recorded for evidence in trial

What is a confession?

A direct admission of guilt/involvement with the crime

What is a promise to appear?

An agreement by the accused to appear in court at a stated time and place

What is a recognizance?

A promise that the accused will pay a certain amount of money if he or she fails to appear in court

What is a surety?

Someone who is willing to pay a certain amount of money if the accused fails to appear in trial

What is an appearance notice?

A notice that informs the accused of the offence in which they have been charged, the date to appear for fingerprinting, and when to attend court

What is a preliminary hearing?

A hearing held to determine whether sufficient evidence exists to put an accused person on trial

What is a bail? When what time frame does a bail hearing must be held?

For people charged with more serious offences are held in custody to await a judicial interim release or bail hearing, which must be held within 24 hours of arrest

What is the first step in a criminal court proceeding?

The judge explains to the jury about their role and communicates with the foreperson to lead the jury during the trial

What is the second step in a criminal court proceeding?

The Crown will identify the offence committed, summarize the evidence, and outlines how they will present their case → Opening Statement

What is the third step in a criminal court proceeding

The Crown will do a direct examination with their own witnesses, then the defence will have the chance to cross examine as well

What is the fourth step in a criminal court proceeding?

There will be a request by the Defence to dismiss charges against the accused

What is the fifth step in a criminal court proceeding?

The defence will do an opening statement - similar to the Crowns opening statement

What is the sixth step in a criminal court proceeding?

The defence will call their witnesses and the Crown will have the chance to do a cross examination

What is the 7th step in a criminal court proceeding?

The Crown will have a chance to contradict any new evidence presented by the defence - rebuttal

What is the 8th step in a criminal court proceeding?

The defence can reply to the Crowns rebuttal - Surrebuttal

What is the 9th step in a criminal court proceeding?

The closing statements - Defence goes first if they called witnesses, Crown goes first if they DIDN’T call any witnesses

What is the 10th step in a criminal court proceeding?

The judge will give a charge to the jury - how the law applies to the case, how to consider the verdict, and how to return the verdict

What is the 11th step in a criminal court proceeding?

The jury will be taken to a different room to deliberate - If they believe the accused or have reasonable doubt regarding the defendants guilty, they must aquit