Canadian Law Study Notes
Unit 1 Overview
Introduction to Canadian Law
Law:
Defined as a rule or order (Includes Acts, bills, by-laws).
Originates from government bodies:
Federal Law: Applies to the entire country (e.g., criminal law).
Provincial Law: Applies to specific provinces (e.g., traffic acts).
Municipal Law: Applies at the city level (e.g., speed limits).
Rules:
Defined as an order or code of conduct outlining behavior expectations.
Created by individuals in authority (e.g., principals, teachers).
Enforcement: No involvement from the government; enforced by authority figures.
Why Laws Change:
Evolution of societal norms and culture lead to changes (e.g., policies on smoking, legalization of marijuana).
Changes can also arise from demographic shifts, such as evolving concepts of maternity leave.
Breathalyzer:
Device used by police to measure blood alcohol concentration via breath samples.
Mandatory for drivers pulled over by law enforcement; insurance and licensing are required by law.
Fairness in Law
Question of whether all laws are fair:
Laws are created by representatives in government and are meant to foster peace and order.
Acknowledgement that laws may unjustly affect groups of people.
Examples of perceived unfair laws include:
Self-defense: May lead to prosecution as assault, depending on circumstances.
Graduated licensing: Constraints and waiting periods that some may find unreasonable.
Marijuana Legislation: Transition from criminalization to legal sale and regulation.
Uniform Policies: Concerns about discomfort and cost.
Voting Age: Debate on maturity and responsibility of young voters.
Historical Context of Law
Early Law:
In early civilizations, laws were closely tied to religious beliefs, often seen as originating from divine authority.
Natural phenomena (e.g., weather, crop yields) were interpreted as signs of divine satisfaction or anger, leading to sacrificial or appeasement practices to please gods.
Early Codes of Law:
As societies evolved, law-making shifted to leaders (often kings), who were considered divinely inspired and not subject to their own laws.
Code of Hammurabi:
First written code of law, created by Babylon's King Hammurabi, believed to be received from the sun god.
Mosaic Code:
Laws received by Moses from the Judaic God, including the Ten Commandments.
Power Structure in England:
Kings: Ruled by divine right, established laws, and operated above them.
Nobles/Squires: Provided representation in parliament, resolved conflicts through combat.
Serfs/Commoners: Served as workers who resolved disputes through ordeal.
Categories of Law in Canada
Public Law:
Involves government vs. individual.
Prosecutor represents society (e.g., R (Regina) vs. Smith).
Purpose: Punitive measures against offenders.
Procedure: Charges must be proven beyond a reasonable doubt.
Findings: Guilt or innocence.
Private Law:
Involves individual vs. individual (e.g., Jones vs. Smith).
Purpose: Compensation for harm or damages.
Procedure: Onus on the plaintiff to prove claims on a balance of probabilities.
Findings: Responsibility can be complete or partial.
Categories of Offenses:
Criminal law includes summary, indictable, and hybrid offenses reflecting severity and procedures of the judicial process.
Examples of Law (Detailed Categorization)
Summary Offences:
Less serious crimes; e.g., minor theft, public intoxication.
Generally punishable by fines or community service.
Indictable Offences:
Serious crimes; e.g., murder, aggravated assault, robbery.
Subject to more complex court procedures and harsher penalties (e.g., life imprisonment without time limitation).
Hybrid Offences:
Could fall under summary or indictable categories; the crown determines the prosecution route based on case severity.
Understanding Criminal Behavior
Factors Contributing to Criminal Behavior:
Complex interplay of hereditary (genetic predispositions) and nurture (environmental influences).
Common correlates:
Higher incidence of male offenders (75% male, many under 25).
Social issues, such as poverty and abuse, influencing predisposition towards criminality.
Triggers of behavior include:
Greed, jealousy, anger, and desire for profit.
Concept of Actus Reus and Mens Rea in Criminal Law
Criminal Equation: For conviction, the prosecutor must establish:
Actus Reus: The guilty act;
Must be a voluntary action performed by the accused.
Mens Rea: The guilty mind;
Accused must have intended to commit the crime, aware of consequences, and be of sound mind.
Criteria for establishing responsibility include age (over 12) and mental competency.
Categorization of Murder
Murder Classification:
First-Degree Murder:
Requires intent, premeditation, or death occurring during other indictable offenses such as robbery.
Punishment: Life imprisonment, eligible for parole after 25 years.
Second-Degree Murder:
Not premeditated, but still intentional kills or conducted with reckless disregard for life.
Punishment: Life imprisonment, eligible for parole after 10 years.
Manslaughter:
Involves heat of passion, recklessness, or actions leading to unintended death.
Punishment varies; often less severe than murder directly.
Role of the RCMP and Legal Profession
RCMP History and Structure:
Established originally as Northwest Mounted Police, now the Royal Canadian Mounted Police (RCMP).
Responsibilities range from federal enforcement to community policing across Canada, including aboriginal relations.
Becoming a Lawyer:
Education pathway includes undergraduate degree, LSAT, law school, articling year, and bar examination to practice law.
Distinction between Crown attorneys and defense attorneys responsibilities, with Crown focusing on prosecution and legal representation for the state.
Trial Process Overview
Trial Steps:
Arraignment: Hearing where charges are presented.
Jury Selection: Choosing jurors with a variety of challenges based on bias considerations.
Opening Statements: Presentation of case theories by both sides.
Evidence Presentation and Witness Testimony: Crown and defense cases unfold with examinations and cross-examinations.
Closing Arguments and Jury Charge: Final comments made to jury members.
Deliberation: Jury discussions led to verdict announcements; can result in hung jury scenarios.
Jury and Legal Principles
Legal Terms Used During a Trial: Perjury, sidebar, voir dire among others.
Important Legal Principles: Ignorance of the law, relevance to case processing, and statutory interpretations may affect trial outcomes or jury composition.
Gerald Stanley Case Overview
Case Background: Killing of Colten Boushie by Gerald Stanley; trial raised significant concerns regarding jury representation and systemic racial bias in Canadian justice.
Jury Selection Issue: Peremptory challenges led to the exclusion of visible minorities, emphasizing the importance of diverse representation in jury panels for fair trials.
Outcome and Reform: Resulted in the abolition of certain jury selection practices aimed at preventing racial bias, showing the need for continuous legal reform to achieve equitable justice.
LAW TEST #1 REVIEW
What are the differences between laws and rules?
Laws refer to a rule or order–acts, bills, by-laws–made by governments: Federal (whole country, ex: criminal), provincial (province, ex: traffic acts), and municipal (city, ex: speed limits).
Rules refer to an order or code of conduct that was made by one in authority, enforced by an authority figure, and there is no government involvement. They are created by privat eauthories and are not enforceable by the province unless they break the law.
What is the Mosaic Code? What is the code of Hammurabi?
Mosaic code: Moses led the Jews from slavery out of egypt. He recieved his laws from the Judaic God. Moses original 10 commandments were given to him by God on Mount Sinai and written on stone tablets kept on the Ark of the Covenant.
Code of Hammurabi: First king of Babylon, received his laws from the sun God and wrote his laws on a stone pillar that he placed in the center of town. It is the first written code of laws.
Describe the Power Structure of England?
The power structure of england refers to the hierarchy that situates from Serfs and Commoners to Nobles and Squires to the King. The King is at the top, they are ruled by divine right, they write the law, and are above the law. The Nobles and Squires are landowners and wealthy people. They represent the people in the parliament. They settle disputes through trial by combat. Finally, the Serfs and Commoners are the workers, they settled disputes throguh trial by ordeal.
Describe the 2 categories of law.
The two categories of law are that of follows: public and private law. Public law deals with the relationship between the government and the individual, where the crown is usually present. The purpose of public law is for punishment due to a lawfully offense, in which the individual is testified and they are alleged until proven guilty. The government has an responsibility to prove why they deserve to be charged and guilty (onus), which is on the prosecutor, and they have to prove that they are guilty beyond a reasonable doubt. They are either guilty or not guilty in this situation: guilty or not guilty, and a sentence will be imposed based on that. Examples include Criminal law. It is written as R vs name. Meanwhile, private law deals with the relationship between an individual with another individual. In most cases, this is mainly Plaintiff vs Defendant. The purpose for this is for compensation (money, to fix an action), and the reason for this happening is because of the defendant had done something and was sued by the plaintiff, as they did something wrong in their eyes. In this case, the plaintiff sues the defendant (charge is for public law), and the plaintiff is in charge to prove that the defendant is guilty. Though, there is no decision of only guilty and not guilty, the defendant can be partially guilty, quarterly responsible, or not responsible at all. If they are responbilbe whole or partial, they will accordingly compensate the plaintif for the damages done instead of heading straight to jail with multiple sentences. Examples include Tort, contract, family law.
What makes a criminal?
There is no ‘one’ cause to become a criminal, there are many statistics of why people become criminals, sometimes it is due to mental illnesses, economic issues, social issues, and sometimes it is none of those reasons. Though, statistics show a relationship between crime, sex, and age; 75% of all arrestees are male, and most are under 25 years old–males are greater risk takers and will experiment with deviant conduct. Deviant conduct could also come from many teengagers as they do not reach the maturity level to perceive that what they are doing wrong, and so they have a tendency to make much more mistakes. If it is hereditary or nurtured, it depends. The hereditary factors are that if they have inherited their aggressive tendencies from their parents; destructive brain processes, extra y chromosome, attention deficit disorder, and hight testosterone levels. This also explains why more men are most likely to become a criminal; they have high testosterone levels especially when they work out, making them more likely to act in a heat of rage and perform criminal acts. Nurture factors include: lower socio economic status, abusive parents, emotional or physical defects, lack of education, and association with criminals. These factors are huge and many criminals can relate to these factors, especially with the young teenagers that dont develop enough maturity to know that they did wrong. With all these factors in mind, triggering criminal behaviour from them requires anger, greed, jealous, revenge, and profit.
Explain the criminal equation.
In order for a person to be convicted of committing a crime, the prosecutor/crown must prove that the accused formed the criminal equation: Actus Reus + Mens Rea = crime/Physical act+mental intent=crime. Actus Reus refers to the physical action of the crime, the accused performs the actions and is voluntary. It is the guilty act. Mens Rea refers to the mental intent to commit the crime; the accused has a guilty mind and wants to commit a crime. They have to be of sound mjind, over the age of 12, know the consequences of their actions, and guilty mind. If they are under 12 or mentally ill, then they are not criminally responsible. The reckless behaviour leads to Mens Rea. If they did the action but were mentally ill, under the age of 12, it is not a crime. If they were reckless and did the action, it can count as a crime, though subtly. If they were concious to know what they did and know the full intent with a guilty mind, it is a crime, such as choking someone.
Describe the 3 categories of seriousness for laws in Canada.
Summary offence: less serious crime, punishment i usually commmunity service fine or probation. There is a faster court process, tried in provinical court, shorter limiation period (ususally up to 12 months to lay charges). It is still a criminal record but the least severe category. Maximum 2 years less a day of conviction
Indictable offence: very serious crimes and punishment is usually a prison sentence. The most serious criminal offences equivilant to felonies in USA. It causes serious harm, more complex court procedure, no time limit for the police to charge someone with a serious crime. The accused has a right too have a trial by judge and jury (12 regular jury members, public to decide the verdict instead of one judge), or a preliminary inquiry (mini trial, judge checks if plice has enough evidence before full trial to filter out weak cases)
Hybrid offence: These crimes can either be summary or indictable, punishment varies as the crown decides which way to proceed. The crown prosecutor decides if the case is less serious, then it would be a summary offence. If its more serious it would be classified as indictment offense. It dependson the severity of harm, criminal record of accused, and public interest. The punishment is based on how the crown proceeds.
Distinguish between 1st degree, 2nd degree murder and manslaughter.
1st Degree: Planned and deliberate, considered but not impulsive, carried out by a third party for hire, carried against a police officer, cop, warden, prison employee while acting out their duties, and carried out during commision of a indictable offense
Accused must know they were a police officer (crime to kill them because its their job to protect people, and if killing the ones who restores order, then it is a serious crime)
Hostage, kidnapping, sexual assault, all first degree murder if the victim dies
They recieve an life imprisonment, eligibility for parole, criminal code for life, review of setnece after 15 years/25, dangerous offender application and imprisoned indefinetely
2nd Degree: Not within the classification of first degree murder or manslaughter but is still a murder. It is an intentional killing that is not planned or premediated, and often occured in the heat of the moment or a death caused by a reckless disregard for human life
They recieve imprisoment for life, parole eligibility after 10 years, and criminal record for life
Manslaughter: carried by someone who in the heat of passion/rage occasioned by the sudden provocation from the victim that was sufficient to cause a reasonable person to lose control and they acted before their passion cooled, carried out by someone through reckless behavior/negligence that causes death, carried out by someone intoxcated to the point that requisite intent cannot be formed, carried out by someone who through assault causes death though death was not intended
They recieve imprisoment for life, parole eligiblity set by judge, and criminal record for life
List the qualifications to become a police officer.
The qualifications to become a police officer is to have no criminal record, be physcially fit, have the certificate of CPR or first aid, have no degree of colorblindess, have the canadian citizenship, receive a highschool diploma, and have to be above the age of 18.
Describe the history of the RCMP.
The RCMP–royal canadian mounted police–were first conceived by prime minister John A Macdonald. They were originally called the north west mounted police and were head quartered in Manitoba. They bring law to west, established friendly relations with aboriginal people, protected indians from whiskey traders, prevented interverbal violence, supervised treaties between natives and the canadian government, eased hardships of immigrants, policed the yukon following the gold rush of the 1890s. They were originally called the NWMP, but in 1920, they were names the RCMP. They became responsible for provincial and federal law enforcmenets in the west when alberta and saksetchwean became provinces in 1905.
What is the RCMP responsible for?
The RCMP is responsible for law in the arctic, canadas security and intelligence in 1962, airport security, UIP protection, drug enforcement, economic crime, traffic enforment, interpal (international police organization) (extraditon), protective policing, aboriginal policing, marine services, counterfeiting, provinces with no police force.
What is the purpose of an arrest?
The purpose of an arrest is to lay a charge to preserve evidence to prevent the accused from committing a further offence.
When can the police use force? When can they use deadly force?
The police can user force if the accused resists arrest and/or attempts to escape from poolice. They can uuse as much force as is reasonably necessary and police officer is liable for the use of unnecessary force. If they use it wrongfully, they can possibly lose their badge or go to jail. They can also use deadly force if the behavior of the suspect poses a threat of serious harm or death to the police officers or others, the suspect flees in order to escape arrest, and when no other less violent means exist to prevent escape. They use deadly force to end the threat (shoot).
What are the 3 egos that police have to deal with? Explain.
The three egos that police have to deal with include the parent ego, child ego, and the adult ego. The parent ego are those who act with authority, scolds, and berates the police officer. The child ego acts with emotion, reacts with tears or anger and uses behaviour and language against the police officer. The adult ego is one who uses reason in a situation and controls their emotions and temper.
What are the steps involved in becoming a lawyer?
The steps in becoming a lawyer is: first attend a university for a degree in any field of study (UNDERGRAD) with high marks. Then, they have to take the LSAT which is a six hour test that measures writing, reading, and logic–costing over $400, and must receive a high mark. After they passed with a high mark, they must apply to law school affiliated with a university, and their acceptance is based on their LSAT and their GPA, and if they are accepted they must attend school for 3 years. In their final year, they narrow their course to the field they prefer. Moreover, they must go through an articling year where students article with a firm for a year, the university places them in the firm with a pay average about $40k for a 70-90 hour week. Finally, they must write a bar exam that is 6-8 hours long for their province, and are tested on all matters of law. Once passed, the graduate is called the the bar (represents the abr in court that seperates spectators from officrs of the court) the graduate is now a certificed lawyer and may begin to practice law.
What are the differences between a crown attorney and a defense lawyer?
The crown attorney works for the government and their duty is to make sure that the accused is guilty for justice. They are able to hire private detectives, ask police, and the government pays all of their investigation. They are paid by the government, represent the people of the province, has resources at their disposal, and they are supposed to present the case itself. They present the cacse to prove to the judge that accused is guilty beyond a reasonable doubt. They must convince all 12 jury members that the accused is guilty. They can offer the accused a plea bargain to avoid a long and costly trial (accused pleads guilty and recieves a lesser sentence)
The defense lawyer works for their client–the accused–and they are self employed or work in a firm. The clients bill their resources for investigation and also the resourcces of the firm. They do not have to prove anything in the court and they do not have to present a case. Their duty is to raise doubts about the crowns case and punch holes into their case. They seek acquittal or hung jury. They can seek, accept, or reject plea bargain, they are the only side that can call the accused to stand and testify.
What is the role of a judge in a trial? What is meant by “beyond reasonable doubt?
The role of a judge in a trial is that; they act like a referee, ensures lawyers act ethically, declares if questions objected to by lawyers should be sustained or overruled, rules on the admissibility of evidence, charges the jury on the matters of law (Teaching the jury law), renders the verdict if no jury, sentences or releases the accused
The term; beyond a reasonable doubt refers to if a juror is able to sleep at night, certain of an accused guilt to the point you can render a verdict that will put them in prison for years and you can live with that and sleep at night.
Proof that leaves the jury firmly convinced of guilt based on reason and common sense
What is the role of the jury in a trial? Who is not eligible to serve on a jury? Describe the trial in action
The jury is made up of 12 people who listens to testimony’s and weighs the evidence. They are sequestered during sensational trials, render a verdic, and deliberates following a judge’s charge. All jury members decisions must be unanimous, and if not, the trial results in a mistrial. They are released from duty following the verdict
Any canadian citizen who is 18 or older and has resided in the jury districts for at least 12 months, and is not in a legal occupation related to the case (Ex: parliament member, Court judges, Armed forces personnel on active service, Working lawyers, police officers, and doctors, Doctors sees a lot of victims and dont want to be part of more, Clergy). They also have no criminal record and they do not want to be exempt from the duty.
All textbook work!- P. 190-193, Questions #1-7.
ALREADY DONE
Gerald Stanley Trial/jury selection
Gerald Stanley was a farmer in Saskatchewan and In 2016, he shot and killed Colten Boushie, 22 year old Cree man. Boushie and his friends had driven onto Stanleys rural property. Stanley claimed the gun went off accidentally In 2018 staley was found not guilty of second degree murder, causing national outrage especialyl in indgenious communities The Gerald Stanley trial was the lack of indigenous representation on the jury, raising questions about fairness and racial bias in the Canadian justice system. Stanley, a whie farmer, was acquitted of second degree murder in the 2018 death of Colten Boushie–22 year old cree man from Red Pheasant First nation. This trtial drew public criticism because it resulted in an all white jury despite the surrounding community having a significant indigenous population and because several potential indigenous jurors were removed through perempptory challenges before those challenges were abolished in canada.
Part A → multiple choice/ trust false= 15 marks (10 then 5)
Part B → Murder cases 12 marks (4 cases+3 marks,
Part C→ Fill in the blanks = 8 marks
Part D→ short answer 10 marks
Jury taught law by the teachers
Part E → jury selection whats wrong with it 10 marks
I have my friends test but its not all the questions. she didnt write its just the answer of them:
Part C: case studies (15 marks)
1. manslaughter: death caused through assault even if it wasnt intended
2. second degree: not planned and carried out like first degree but not a good enough reason to be considred manslaughter (action commited in a rage, before cooling off) doesnt fit into either category
3. first degree: crime carried out by a third party
4: first degree: death caused while carrying out an indictible offence, in this case, a kidnapping even if death wasnt intended
5: manslaughter: through an act of self defense but with excessive force (not necessary)
Part d: SHORT ANSWER 12 MARKS COMMUNICATION
1. the steps to become a lawyer: under grad degree, take the lsat, law school, article year, bar exam
2. a police officer can use deadly force when there is a threat to his life or the publics lives for example in case of a situation where someone is threatning to kill a civilian they can also use deadly force if the suspect flees arrest and the offense justifies the use of force. this means that this is allowed if the suspect committed a great enough crime that is justified such as murder if the police officer believes that the suspect poses an immediate danger to others lives, he can use deadly force.
3. two people who cant serve on a jury are:
Police officers and doctors
4. the crime of first degree murder means that the murder was planned by someone who is mentally stable and can forma. mental intent. it can be also someone who pays a third party to commit the crime
Part e: long answer 10 marks
1. i think that it is very important for visible minorities to be included on the jury particularly when there are visbile minorities on trial so that there i sno bias and discrimination when deciding on a vredict. i believe that a strategy that can be implemented to change this is that of dividing groups for selection by race to ensure that the jury includes people of all races. it is good that canada is already advancing towards making jury selection more fair by getting rid of the rule that lawyers could reject jurors without explanation. this was changed after a revolutionary case that moved the country where this law was used to reject visibly indigenous jurors in a case that was believed to be racially motivated. by dividing groups for selection and picking a few people from each one, this ensures that people at all races are considered to be on the jury for all trials. another strategy that could be used is to make sure that there is always at least one juror of the same race as the accused on the jury to not only parole a diverse jury but also make visible minorities who are on trial feel safter in knowing that they will get a fair trials. This lets people know that the accused will be judged based on evidence and not based on their background. if at least one juror is of the same race, they can disagree with the decision of the rest of the jurors and hung jury may be declared, preventing an unjust verdict if that is the case. it is important to implement such rules so that justice is truly achieved free of bias like there nhave been in the past.
so the questions are from:
application to communication to thinking.
She didnt give me the knowledge page so i dont know whats on it
I dont know whatt these questions are but this is whatt she wrote
her marks:
15/15 application, 12/12 communication, 9/10 for thinking (marks off, when it said after a revolutionary case, he wanted the name of it, i think its on the last quesiton of the review package)
But he generally makes it all the same. i only have 2 of her tests and this is one of them.