Law/Society Final Exam - Complete

In the case of R. v. Krajnc, ONCJ 281, the defence argued that pigs are persons, not property, under the law; that eating them is unhealthy; and that factory farming is a form of torture. What did the judge rule with respect to these arguments ?

She gave the pigs water, not an unknown liquid

She did not stop the truck, it was stopped at a red light

So she did not interfere with the pigs

There was no evidence she was trying to prevent the pigs from being received by the slaughterhouse

The crown failed to prove willfulness

The charge was dismissed, since Krajnc had not

willfully obstructed, interrupted or interfered with the lawful use, enjoyment or operation of property

According to Chapter 8 of the text "Law, Homophobia and Violence: Legislating Against Hate" police warn communities when known pedophiles arrive, but:

• not people who discriminate against gays

According to Chapter 8 of the text "Law, Homophobia and Violence: Legislating Against Hate":

• There is a downplaying of homophobic violence in the

media and by police

• Double standard of witnesses: female victims have limits on the questions related to their sexual history

• Anal sex is illegal if <18 years, or more than 2 persons ; three+ person sex is allowed if no anal sex

• Age difference has been struck down in some provinces

• Age of consent for heterosexual sex is 16 years (was 14)

• Indecent acts not defined

• Linked to "community standards of tolerance"

Which of the following is true about hate crimes, according to Chapter 8 of the text "Law, Homphobia and Violence: Legislating Against Hate" and Statistics Canada reports reviewed in class?

Race or ethnicity hate crimes are most common, most often against blacks, Jewish.

Thunder Bay is the worst city for hate crime

In the case of Klippert v the Queen (1967), George Klippert was charged because:

Imprisoned for crime of homosexuality

In the case of Klippert v the Queen (1967), George Klippert was sentenced to:

- Charged with gross indecency.

- Deemed a sex offender and sentenced to indefinite sentence (no end)

After homosexuality between two consenting adults in private was no longer criminal what happened to Mr. Klippert?

posthumously pardoned in 2006

In the case of R v Cuerrier (1998), the Supreme Court of Canada ruled:

Failure to disclose is assault (HIV), aggravated due to the severe

consequences of the disease

The case of R v Cuerrier (1998) contains elements similar to which other Supreme Court of Canada decision?

R v. Mabior

In the case of R v Mabior (2012), the Supreme Court of Canada ruled:

both low viral load and condom

needed to avoid disclosure

In the case of R v Mabior (2012):

Accused was a heterosexual male

• Nine counts, none contracted HIV

• Convicted of 6 counts at trial

• Ontario Court of Appeal reduced it to two counts

• Ruled that either low viral load or condom OK

• Supreme Court ruled both low viral load and condom

needed to avoid disclosure

An offender convicted of aggravated sexual assault is liable to a penalty of:

• Indictable offence

• first offence: 5 years

• second offence/ Subsequent offence: 7 years

• everyone who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years

In the case of R v DC [2012] the supreme court ruled:

• DC was convicted of aggravated assault and sexual assault

• The requirement of a significant risk of serious bodily harm was not met, given the absence of detectable HIV copies in D.C.'s blood.

• The speculative edifice the trial judge built on a single hearsay note made seven years before the trial does not constitute evidence that no condom was used

. The SCC follows, on the trial judge's analysis that the prosecution failed to prove D.C's guilt accordingly, the verdict must be set aside

• She was acquitted

In the case of R v. Aziga [2011] OJ No. 3525, there were 11 complainants, 2 of whom died from the most serius charge he was found guilty of?

• Convicted of first-degree murder in the deaths of two of his sex partners through HIV transmission has been declared a dangerous offender.

• First person to be charged and convicted of first-degree murder in Canada for spreading HIV. He was diagnosed with HIV in 1996 and had unprotected sex with 11 women without telling them he was HIV-positive.

• First-degree murder (life imprisonment with no possibility of parole for 25 years)

The case of Andrews v. Law Society of British Columbia (1989) is important to the law dealing with sexual orientation because:

• Established the ground rules for future equality decisions by the courts

• The court outlined a test, sometimes called the "Andrews test", to determine if there has been a violation of equality rights. This case expanded the application of section 15 of the Charter by adding analogous grounds for discrimination to the extent enumerated grounds.

• By holding the phrase "in particular" in section 15 made the listed grounds non-exhaustive and recognizing citizenship as an analogous ground, the Court opened the door to include other historically marginalized groups that were not explicitly protected under that section such as members of Canada's LGBT community.

Which of the following is not a criticism of the court's policy on HIV and sexual assault?

What is a "realistic possibility" of infection?

Other STD's ; The court confined its analysis to HIV, leaving individuals with gonorrhea, syphilis and herpes in legal darkness

Other sex practices

The Broken Condom

Consent

An important intervenor in the case Andrews v. Law Society BC [1989] was:

• The Women's Legal Education and Action Fund (LEAF)

• The Coalition of Provincial Organizations of the Handicapped

• The Canadian Association of University Teachers

• The Ontario Confederation of University Faculty Associations

sexual assault laws in Canada:

• Like a ping pong effect between parliament and SCC

• Everyone who commits a sexual assault is guilty of

o (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for one year

o (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years, less a day and to a minimum punishment of imprisonment for a term of six months

the so- called rape shield provision of the criminal code include:

• No corroboration required (complainants words alone can be basis for conviction

• No rule of recent evidence

• Previous consensual activity is not a defense and does not affect credibility of complainant

The trial of Jian Ghomeshi was widely reported in the Canadian media. Before the trial there was widespread perception that he would be found guilty. why?

other woman came forward claiming he sexually assaulted them

Before charges were laid against him, Jian Ghomeshi disclosed that he was into "rough sex", which he claimed was entirely consensual. The activities of "rough sex" were popularized by a series of erotic romance novels beginning with "50 Shades of Grey". Which of the following is true about the books?

Series of erotic romance novels featuring Bondage/

Discipline, Dominance/Submission and Sadism/

Masochism (BDSM)

● Began as fan fiction of the Twilight series

● Surprising grassroots hit

● Became fastest selling novel in UK history

● Sold millions of books

● Mainly purchased by women

● Popularized BDSM ("rough") sex

The activities of "rough sex" were further popularized by a series of three movies based on the books. Which of the following is true about these movies?

The film series based on the books has grossed more than $1 billion worldwide despite being panned by critics

A Supreme Court precedent, R v J.A. (2011), featured, perhaps, sexual activities similar to those in "rough sex". Which of the following activities that occurred in the incident did the complainant claim were non-consensual?

accused had inserted a dildo in her anus while she was

unconscious without her consent

In the R v J.A. case, the complainant tried to withdraw the charges of sexual assault against her former partner. Why?

she only complained because the accused

might seek custody of their child

● The crown refused to drop the charges

Jian Ghomeshi was eventually tried on 5 charges, including sexual assault. involving 3 different complainants. What was the verdict?

acquitted of all charges.

In the Ghomeshi case, the crown presented similar fact evidence, that is, it argued that several independent accounts presented similar behaviour. What evidence at trail challenged this argument?

"Each complainant was confronted with a volume of

evidence that was contrary to their prior sworn

statements and their evidence-in-chief. Each

complainant demonstrated, to some degree, a

willingness to to ignore their oath to tell the truth on

more than one occasion."

".The quality of the evidence in this case is incapable

of displacing the presumption of innocence. The

evidence fails to prove the allegations beyond a

reasonable doubt."

In the judgement of the Ghomeshi case, what did the judge cite as reasons for his decision?

●"SD" and DeCoutere exchanged about 5,000 messages

discussing how they were a team that was going to

bring down Ghomeshi

● "SD" had a subsequent voluntary sexual encounter

with Ghomeshi after the alleged offence which she at

first did not disclose. Later she invited him out for a

drink

● She testified that she tried keep her distance after the

alleged assault.

In 2018, the Government of Canada enacted several changes to the criminal code relating to sexual assault. These changes were widely perceived as being prompted by the acquittal of Mr. Ghomeshi. Which of the following was part of these changes to the criminal code?

● 2018: Bill C-51

● Implements Supreme Court Precedents & Clarifies Consent Rules

The recent amendments to the criminal code related to sexual assault enacted in 2018 include consequences of court decision(s) in:

the meaning of consent and whether there was consent

The police in the United Kingdom have developed a policy known as "Clare's Law" which being is considered for implementation in some Canadian jurisdictions. This policy enables police to release information to intimate partners about the violent history of their significant other. Which of the following would be the most controversial aspect of this policy?

Defamation

● Harming a person's reputation

● Alleging criminal conduct of a person is considered

defamation "per se"

● i.e. the harm need not be proved

What is "raw milk"?

milk that is not pasteurized, nor

homogenized

What is the law in Ontario related to the sale and distribution of raw milk?

prohibits the sale of raw milk

• The Milk Act R.S.O. 1990, CHAPTER M.12

• However you can drink the raw milk from your own

cow(s)

Is there an exception for the consumption of raw milk? If so, what is it?

you can drink the raw milk from your own cow(s)

In the raw milk case, a "cow-share" arrangement was made with those wanting to obtain raw milk. What was this "cow-share" arrangement?

People wanting raw milk were required to buy a one quarter share of a cow ($300)

benefits might arise from the formation of a corporation, instead of the cows being directly owned by the farmer and/or the people involved? Which of the following benefits was most likely main reason for incorporating in this way?

The ongoing production costs, upkeep of the cows, etc. was covered by a fee for the milk

What does "judgement proof" refer to?

person who does not have enough assets for a creditor to seize when a court order requires debt repayment.

In the raw milk case in 2006, the government ruled that there had been a violation of the Ontario Milk Act and issued a fine. This ruling was appealed in 2010. This appeal took please in a hearing presided over by a justice of the peace. What is this venue called?

"cow share"

What type of law is involved with the raw milk case?

Milk Act and the Health Protection and

Promotion Act ?

Regulatory Law

NATIONAL DAIRY CODE ?

In the case of R v. Krajnc, 2017 ONCJ 281, Anita Krajnc was charged with mischief. Which of the following best characterized the offence of mischief?

Everyone commits mischief who wilfully:

- destroys or damages property

- renders property dangerous, useless, inoperative or ineffective.

- obstructs, interferes with he lawful use, enjoyment or operation of property.

- obstructs any person in lawful use of property

What are the issues being balanced by the government in the policy related to raw milk?

whether or not the government should provide a regulation under which the production of raw milk is allowed

What is the maximum carceral penalty for mischief, assuming the crown proceeds by way of indictment?

imprisonment for life

What is the maximum carceral penalty for mischief, assuming the crown proceeds summarily?

.$5000 fine

In the case of R. v. Krajnc, ONCJ 281, Anita Krajnc and members of a small group called "The Toronto Pig Save", were holding a protest/vigil at a place where trucks containing pigs waited at a stoplight to turn towards a slaughterhouse. What did the complainants in the case allege ?

Interfere with the operation, enjoyment or use of the pigs

The crown argued that the "unknown liquid" might cause the pigs to be refused by the slaughterhouse

In the case of R. v. Krajnc, ONCJ 281, what did the judge cite as the most ironic aspect of the case ?

It is legal for farmers to raise pigs and transport them to

slaughterhouses

• It is legal for slaughterhouses to slaughter pigs

• It is legal to protest and try to convince people not to eat

pigs

• However there is no right to break the law in so doing

According to chapter 14 of the text "keeping up with the neighbors? Canadian response to 9/11 in historical and comparative context" Igor Gouzenko:

•The fist important soviet defector ; Russian spy, defected to Canada

•Exposed a spy ring operated by Canada's ostensible wartime ally , the USSR exploiting the willingness of Canadians sympathetic to communism to betray their own country on behalf of higher loyalty to the motherland

•With his information Canada started the firm smack of Russian command

•Revealed that many Canadians were more sympathetic to Russia & communism than to Canada

• Mackenzie king government passed a secret order council under the war measures act to create commission of Inquiry

According to chapter 14 of the text "keeping up with the neighbors? Canadian response to 9/11 in historical and comparative context" in response to concerns about Russian espionage:

• North communist aligned with Russia

• Russia supplied North Korea

• RCMP raids

• Proxy war - UN sanctioned it,

• The cold war

According to chapter 14 of the text "keeping up with the neighbors? Canadian response to 9/11 in historical and comparative context" in response to concerns about communist espionage:

• Proxy war

• Questioned by royal commission of inquiry

According to chapter 14 of the text "keeping up with the neighbors? Canadian response to 9/11 in historical and comparative context": the main reason the government seriously violated democratic norms during the cold war was:

•War measures act, only known to three cabinet minsters.

o allowed for the government to act against suspected spies with no regard of civil liberties.

o gov took it's time, consulted its allies, studies evidence, watched suspects; then struck

•Government wished to maintain maximum control over the story (internal and external), frame it as most appropriate manner.

•Wanted to manage and retain control of the spin

o for international relations

o for domestic reasons ( establishing limits of political discourse) to limit use of communist threat for political use

•Not as bad as war time violations (Japanese Canadians, interment camps)

•Canada found itself highly exposed position vis-a-sis the spy affair

•Wanted no part in international situation

•Domestic, government highlighted role of commission in subverting the loyalties of Canada

•Detention/ interrogation

According to chapter 14 of the text "keeping up with the neighbors? Canadian response to 9/11 in historical and comparative context": Cold war security policy:

• Emphasized strict control by the executive branch of the federal government within Canada, and the zeal with which the federal government guarded its prerogatives

• Essentially made in Canada

• Not very different from American

According to chapter 14 of the text "keeping up with the neighbors? Canadian response to 9/11 in historical and comparative context": Cold War security policy emphasized the criterion of

• Emphasized strict control by the executive branch of the federal government within Canada, and the zeal with which the federal government guarded its prerogatives

• Criterion was risk not loyalty

• 35 NFB employees purged

• Risk not loyalty

According to chapter 14 of the text "keeping up with the neighbors? Canadian response to 9/11 in historical and comparative context": the MacDonald Commission found that the RCMP had secret security files on about 4% of Canadian citizens

• RCMP kept files on 800,000 people or organizations

•Ordered CSIS closed and sent to national archives

• Harsh criticism of this by the government of Brian Mulroney

•True

According to chapter 14 of the text "keeping up with the neighbors? Canadian response to 9/11 in historical and comparative context": the October crisis of 1970 involved:

•Le Front de Libération du Qubec (FLQ)

•British Trade Commission, James Cross (kidnapped)

• Quebec minister of Labour, Pierre Laporte (killed)

• 5 people were charged with the anti terrorism

•Terrorist attacks within Canada

According to chapter 14 of the text "keeping up with the neighbors? Canadian response to 9/11 in historical and comparative context": the FLQ used tactics that included:

•Kid napping, murder

•FLQ declared banned organization

•Tried to force political change through violence

•Kidnapped the British Trade Commission, James cross

• Kidnapped & murdered the Quebec minister of labour, Pierre Laporte

According to chapter 14 of the text "keeping up with the neighbors? Canadian response to 9/11 in historical and comparative context": the government's response to the October crisis of 1970:

• Trudeau's address to the nation: invoked the war measures act Invoked war measures act ; responded forcefully

•Power to detain and interrogate without charge, counsel, no habeas corpus rights

•Media censored

• FLQ declared banned organization (any association with them is criminal)

According to chapter 14 of the text "keeping up with the neighbors? Canadian response to 9/11 in historical and comparative context": the October crisis of 1970:

• " See Previous "

• Resulted in the FLQ and terrorism in Quebec separatism, crushed

According to chapter 14 of the text "keeping up with the neighbors? Canadian response to 9/11 in historical and comparative context": the main target of the 9/11 attack was:

•Directed at civilian population

o not military targets or government officials or company

• Spread fear through all levels of American life

• Targets been publicly designated in Al-Qaeda pronouncements as any and all Americans, not limited to state officials, military/ security

According to chapter 14 of the text "keeping up with the neighbors? Canadian response to 9/11 in historical and comparative context": the main goal of the Canadian policy regarding the "war on terror" were:

• Fulfilling its obligations in the coalition fighting terrorism

• Limiting damage to Canadian interests caused by the US response to 9/11

• Border security that harms trade (bigger effect on Canada)

• Forced Canada to pursue north american security approach

•Adopting american approach, leaving behind the "made in Canada" approach

According to chapter 14 of the text "keeping up with the neighbors? Canadian response to 9/11 in historical and comparative context": Canada's approach to security after 9/11 :

•They wanted to keep up with the neighbors

•Anti Terrorism Act

o gave a definition to terrorism

o stepped up electronic surveillance powers

o the anger terrorism act is silent except for an accompanying promise that Canada would develop legislation in conforming with European convection on cyber crime

o public safety act

•Greater US/Canada economic integration

•Increase militarism

• Adopt American standards, abandoning "made in Canada" approach

According to chapter 14 of the text "keeping up with the neighbors? Canadian response to 9/11 in historical and comparative context": ethnic profiling:

• Canada does practice it but not as much as US

•Less public unlike america

• Muslim

• Canada does practice it, but in a less public manner than US

The first part of the Anti Terrorism Legislation of 2015, the Security of Canada Information Sharing Act, under Section 9, restricts the liability for sharing false and harmful information, so as long as it is done in good faith, to :

• Can't sue government

•Sharing between certain governments

The second part of the Anti- Terrorism Legislation of 2015, the Secure Air Travel Act, enables adding a person to a "no fly" list of people barred from flying in Canada, if the Minister has ___________ That the person may threaten transportation security:

•Reasonable grounds to suspect

The second part of the Anti Terrorism Legislation of 2015, the Secure air travel act, enables person to appeal their presence to a "no fly" list of people barred from flying in Canada, in a hearing that has which of the following unusual characteristics:

•Must be secret if government wants it

•Appellant is provided censored information during the proceeding

• Judge cannot disclose confidential information to appellant if it might affect national security

: The third part of the Anti terrorism legislation of 2015, amendments to the criminal code, adds ____________ to the definition of "justice system participant"

• CSIS (Canadian Security Intelligence Service) & other intelligence personal

The third part of the Anti Terrorism Legislation of 2015, amendments to the criminal code, creates a new offence for:

• Indictable offence about promoting terrorism in general

The third part of the Anti Terrorism Legislation of 2015, amendments to the criminal code, creates a new offence that allows the seizure of books, magazines or newspapers if:

• Allows for seizures if on reasonable grounds are believed to be propaganda

•Requires the consent of the attorney general

The third part of the Anti Terrorism Legislation of 2015, amendments to the criminal code, allows the house arrest of anyone without a warrant if :

The officer suspects, on reasonable grounds that detention is likely to prevent terrorism

The third part of the Anti Terrorism Legislation of 2015, amendments to the criminal code allow the ordering of house arrest, electronic monitoring, abstaining from intoxication and compulsory treatment of a person:

True ; The provincial court judge may add any reasonable condition to the recognizance (type of restraining order) that the judge considers desirable to secure the good conduct of the defendant

Q 57 states restrictions of geography, firearms & passport surrender

The third part of the Anti Terrorism Legislation of 2015, amendments to the criminal code, enables a prison sentence for breaching the terms of an order described in the previous question for up to:

The judge may commit the defendant to prison for a term of not more than 12 months if the defendant fails or refuses to enter into the recognizance

• Up to 4 years (indictable)

The third part of the Anti Terrorism Legislation of 2015, amendments to the criminal code, requires judges to give reasons for:

If they do not restrict the person by geography, firearms & passport surrender judge must explain why

: The third part of the Anti Terrorism Legislation of 2015, amendments to the criminal code, enables which of the following situations, normally considered an important aspect of procedural justice :

• Defendant can appear by video at the governments request

•Police can request bodily substance at any time

The fourth part of the Anti terrorism legislation of 2015, amendments to the Canadian Security Intelligence service (CSIS) act, enables CSIS personnel to break the law and violate the constitution if:

• Can break into any place, take anything, do anything else

• Reduce a threat

• Warrant granted first

• Cannot kill, rape or cause "bodily harm"

The fourth part of the Anti terrorism legislation of 2015, amendments to the Canadian Security Intelligence service (CSIS) act, prohibits CSIS officers from doing all of the following, except:

Can break into any place, take anything, do anything else

• Reduce a threat

• Warrant granted first

• Cannot kill, rape or cause "bodily harm"

: The fourth part of the Anti terrorism legislation of 2015, amendments to the Canadian Security Intelligence service (CSIS) act, prohibits CSIS agents from causing bodily harm, as defined by the criminal code. Which of the following cause bodily harm?

Any injury to a person that "interferes with the health or comfort of the person and that is more than merely transient or trifling in nature."

• Hooding

• Drugging

• Enhanced interrogation techniques

The fifth part of the Anti terrorism legislation of 2015, amendments to the Immigration and Refugee Protection Act allows:

• Minister to withhold information from defendants

• Minister to appeal rulings requiring disclosure of information to defendants

The Judge Advocate General reports to :

responsive to the chain of command in providing legal services but responsible to the Minister of National Defense

The Judge Advocate General's responsibilities include :

She superintends the administration of military justice in the Canadian Armed Forces

A legal advisory to the Governor General, the Minister, the Department and the Canadian Armed Forces in matters relating to military law

A military lawyer within The Judge Advocate General begins his or her career at the rank of :

Ranging in rank from Captain/Lieutenant (Navy) to Major-General/Rear admiral.