Law Exam Notes

Chapter 1: Changes to the Law

Factors Driving Changes

• Demographic Changes: Influenced by birth/death rates, immigration trends, education, and employment shifts.

• Technology: Laws must adapt to innovations (e.g., telephone, internet) and clarify governmental jurisdiction.

• Changes in Values: Evolving societal norms make previously tolerated behaviours unacceptable, necessitating new laws (e.g., drunk driving).

• National Emergencies: Instances where civil liberties are suspended for security (e.g., War Measures Act).

The Rule of Law

• Formulated by the Magna Carta.

• Key Aspects:

  • Law maintains order in society.

  • Law applies equally to all.

  • Legal rights cannot be taken away except under lawful circumstances.

Chapter 2: Collective Action to Change the Law

Sources of Law

1. Lobby Groups: Organized efforts to influence legislation (e.g., MADD).

2. Civil Disobedience: Peaceful protests and political demonstrations.

3. Royal Commissions: Government-appointed boards for special investigations (e.g., Status of Women).

4. Legal Scholarship: Academic contributions influencing law through articles and journals.

Historical Influences of Canadian Law

• Religion and Morality: Influence from Judeo-Christian, Indigenous values, and moral philosophy affecting law.

• Historical Precedents: Customs and conventions establishing unwritten rules.

• Social Movements: Influences from events like the U.S. civil rights movement affecting Canada.

Chapter 5: The Charter Overview

Key Components

1. Reasonable Limits Clause: Identifies permissible restrictions on rights.

2. Fundamental Freedoms: Rights such as religious practice and freedom of expression.

3. Democratic Rights: Entitlement to participate in elections every five years.

4. Mobility Rights: Freedom to move and reside within Canada and between provinces.

5. Legal Rights: Protection in the justice system (e.g., fair trial rights).

6. Equality Rights: Including protection from discrimination.

7. Language Rights: Bilingualism in government affairs.

Enforcement Mechanisms

• Individuals can seek remedies for infringements of rights.

Chapter 6: Human Rights in Canada

Fundamental Concepts

• Human Rights: Basic entitlements essential for living in a society.

• Discrimination: Inequitable treatment based on personal attributes.

• Historical Background: Development seen from the Magna Carta to modern human rights agreements.

Mechanisms for Protection

1. Charter of Rights and Freedoms: Core document protecting rights.

2. Canadian Human Rights Acts: Legislative measures from 1977 to combat discrimination.

3. Provincial Legislation: Variations like Ontario Human Rights Code.

4. Human Rights Commissions: Bodies that investigate and resolve discrimination complaints.

Chapter 8: Crime and Criminal Law

Theoretical Framework

• Criminology: Study of crime causes and consequences.

• Criminal Code: Document defining criminal acts, their prosecution, and sanctions.

Purposes of Criminal Law

1. Retribution: Society's response to wrongdoing.

2. Protection of Society: Preventing harm to individuals and public interest.

Components of an Offense

• Mens Rea (guilty mind) and Actus Reus (guilty act).

Types of Offenses

1. Indictable Offense: Serious crimes with harsher penalties.

2. Summary Offense: Less severe, shorter maximum sentences.

3. Hybrid Offense: Can be treated as either, depending on circumstances.

4. Regulatory Offense: Violations of specific regulations (e.g., traffic laws).

5. Absolute Liability Offense: No need to prove intention.

6. Strict Liability Offense: No need to prove intention, but defendants can argue due diligence.

Chapter 9: Criminal Procedure

Arrest and Charges

• Arrest Procedures: Officers must inform accused of charges and rights.

• Search Laws: Govern lawful searches of individuals and properties.

• Court Appearance Mechanisms:

  • Appearance Notice, Summons, Promise to Appear, Recognizance.

Awaiting Trial

• Disclosure: Crown must share evidence with defense.

• Preliminary Hearing: Determines if there's enough evidence for trial.

• Resolution Discussions: Plea negotiations can settle cases without going to trial.

Chapter 16: Principles of International Law

Sources of International Law

1. International Conventions: Binding agreements between countries.

2. Customs: Practices accepted as legal norms.

3. Judicial Decisions: Guidance rather than binding law.

4. Juristic Works: Expert writings on law.

Key Concepts

• State Sovereignty: Control within a country's territory.

• Diplomatic Immunity: Protection of diplomats from legal processes.

• Reparations: Compensation for harm during conflicts.

International Organizations

• United Nations: Formed to maintain peace, promote human rights, and foster international cooperation.

• Objectives of the UN: Include upholding rights and ensuring peace.

Chapter 25: Human Rights Treaties

Development and Impact

• Universal Declaration of Human Rights (UDHR): Establishes civil rights and freedoms.

• Human Rights Treaties: Divide rights into civil/political and economic/social categories, facilitating a comprehensive approach to human rights advocacy.