Global Ed Test

Early History of Law

The code of Hammurabi - famous king that ruled babylonia (Iraq) in Mesopotamia

• created 300 laws

• earliest set of laws

Code - a written collection of a countries laws arranged so it can be enforced & understood

Mosaic Law

• whoever strikes his father or mother shall be put to death

• an eye for an eye, a tooth for a tooth

Roman Law - Justinian I (5th century)

• code remained in France until 1800s

• Napoleon’s iteration still used in Quebec courts today

R. v Keegstra

• dealt with the issue of freedom of expression in the context of hate speech. James Keegstra, a high school teacher in Alberta, was charged under section 319(2) of the Criminal Code for promoting hatred against an identifiable group, specifically Jews, in his teachings.

• Keegstra had taught his students that Jews were responsible for various conspiracies and were an inferior race. He was convicted at trial, but the conviction was overturned on appeal. The case ultimately went to the Supreme Court of Canada, which upheld the constitutionality of the hate speech provision and Keegstra's conviction.

• The Court ruled that the hate speech provision was a reasonable limit on freedom of expression, as it was aimed at protecting vulnerable groups from the harm caused by hate propaganda. The Court held that the purpose of the provision was to prevent the promotion of hatred against identifiable groups, rather than to suppress unpopular or controversial ideas.

House of Shafia

• The House of Shafia case involved the murder of four female family members by Mohammad Shafia, his wife Tooba Yahya, and their son Hamed Shafia. The victims were the defendants' teenage daughters, Zainab, Sahar, and Geeti, as well as their other wife, Rona Amir Mohammad.

• At trial, the Crown argued that the accused had committed the murders because they believed the victims had brought dishonour on the family by engaging in behaviour they deemed to be immoral. The jury found all three accused guilty of four counts of first-degree murder.

• In this case, the accused were found to have violated several Charter rights of the victims, including the right to life, liberty and security of the person under section 7 of the Canadian Charter of Rights and Freedoms. The accused had deprived the victims of their fundamental rights by murdering them in the name of so-called family honour.

• The accused's actions also violated the victims' right to equality under section 15 of the Charter, as they were targeted and killed based on their gender and perceived behaviour.

Criminal Code - Violent Crimes

Canadian Criminal code - a federal statute that reflects the social values of Canadians

• is the main body of criminal law

• over 80% of all criminal offences committed in 1 year are criminal code offences

Homicide - killing another human being directly or indirectly

• is a criminal offence if culpable (deserving blame) murder, manslaughter, infanticide

• non culpable homicide is not criminal & occurs when death is caused by a complete accident or is self defense

Murder - most serious violent crime one person can commit sec. 229 of Criminal Code

2 classes - first degree murder & second degree murder

First degree murder - murder is planned & deliberate - consequences have been weighed

• victim is a law enforcement agent (cop or prison guard)

• death occurs while another offensive crime is being committed (rape, kidnapping)

• murder was caused while committing an offence related to criminal harassment

• murder was committed while using explosives to commit an offence in association with a criminal organization

• murder was committed while committing an indictable offence that could also be considered a terrorist activity

Second degree murder - murder that does NOT fit into any of the previous categories but is still intentional

causation - the cause of death usually an issue in murder trials

Manslaughter - causing the death of a human directly or indirectly by means of an unlawful act

• not murder - only requires general intent

• mens rea for manslaughter is that a reasonable person would recognize that the unlawful act could physically harm/kill the victim

• people charged with murder can be convicted of manslaughter

the 2 defenses

• provocation - death must be in the heat of passion & it must be wrongful act or insult that would cause an ordinary person to lose control

• intoxication - being drunk or high can affect a person’s ability to predict the consequences of his/her actions

Infanticide - the killing of a newborn by his/her mother

• charge means the accused has not yet recovered from the effects of childbirth and is suffering from depression or mental disturbance

• max punishment is 5 years in jail

Summary conviction offences

• minor offences

• cause disturbance - harassing telephone calls

• you cannot be fingerprinted

Indictable offences

• more serious than summary conviction offence

• exposes you to greater penalties

• if prosecuted by indictment you are entitled to a jury

Hybrid offences

• by summary conviction offence or indictment

• crown chooses/elects the mode of prosecution

• includes impaired driving, assault & theft under $5000

Robert Pickton case

• high-profile criminal case in Canada that involved the murder of numerous women in British Columbia. Robert Pickton, a pig farmer, was accused of killing at least 26 women, many of whom were sex workers and drug addicts from Vancouver's Downtown Eastside.

• The investigation into Pickton's crimes lasted for several years, and involved the search of his property, where the remains of some of the victims were found. In 2007, Pickton was convicted of six counts of second-degree murder and sentenced to life in prison without the possibility of parole for 25 years.

• The case drew attention to issues surrounding the treatment of marginalized individuals, particularly sex workers and Indigenous women, who were disproportionately impacted by the murders. It also highlighted shortcomings in the police investigation and the criminal justice system's response to missing and murdered women in Canada.

Guy Paul Morin case

• raised important questions about the protection of Charter rights in the Canadian justice system.

• One of the key violations was the use of unreliable and uncorroborated eyewitness testimony, which was a significant factor in Morin's conviction. The Supreme Court of Canada later ruled that eyewitness testimony alone is often insufficient evidence to establish guilt beyond a reasonable doubt.

• Morin was also denied access to important information that could have helped to establish his innocence. The Crown failed to disclose evidence that was potentially exculpatory, which is a violation of the accused's right to disclosure under section 7 of the Canadian Charter of Rights and Freedoms.

• In addition, Morin's right to a fair trial under section 11(d) of the Charter was compromised by the use of prejudicial evidence and the failure of the prosecution to disclose important information.

Morality - the differentiation of intentions, decisions, and actions between those that are good or right & those that are bad or wrong

Immorality - the active opposition to morality (ie opposition to what is good or right)

Amorality - variously defined as an unawareness of indifference towards or disbelief in any set of moral standards or principles

Ethics(moral philosophy) - the branch of philosophy which addresses questions of morality - ethics is commonly interchanged with morality & sometimes is used more narrowly to mean the moral principles of a particular tradition group or individual

Law - a binding custom or practice of a community: a rule of conduct or act prescribed or formally recognized as binding or enforced by a controlling authority

American revolution in 1775 made great strides for getting power to americans - his & the declaration of independence brought instantaneous changes

In 1789 French rage against their monarchy rulers & gain independence

Slavery was abolished in the 1860s - all races theoretically had freedom

UN was formed in 1945 after WW2 - was created to guarantee rights & freedoms to all people

Dec 10 1948 - Universal declaration of human rights was adopted by the UN - marked the first time that a majority of nations signed a formal agreement

• Article 2 - all human beings are born free and equal in dignity & right

• Article 4 - everyone has a right to life, liberty, security of person

In 1960 Bill of Rights was passed under PM John Diefenbaker

In 1982 Pierre Trudeau strengthened the Bill to make it the charter of rights and freedom

• it is covered by all levels of government

Section 1 of the charter has a reasonable limits clause that can limit your rights if it is justified in a free & democratic society

• charter does not cover private legal matters

The Notwithstanding Clause

• fear that the federal government would have too much power over the provinces

• section 33 of the charter allows provinces to enact legislation (notwithstanding) that may violate the charter

• In Ford v Quebec in 1988 - clause was used to ensure the french only sign law to continue to be in effect

Ultra-vires- outside the authority of the government to legislate

Intra-vires - with the authority of the government to legislate

Criminal Law - deals with offences committed against society ex breaking and entering

Civil Law - deals with offences committed against individuals ex defamation

Why do we have criminal law?

• helps keep order in society

• penalties for crimes to deter people from committing crimes

criminal law emphasizes prevention & penalties

The Criminal Code

• code reflects the values of society by declaring actions to be criminal

• reform to the code reflects a shift in values due to public pressure (decriminalization of weed)

• represents main source of criminal law in Canada

• describes 2 aspects 1. the offence 2. the punishment

• other offences are listed in statutes & are passed by parliament (Controlled Drugs & Substances Act)

• the judiciary interprets the code & applies it to individual cases

• if a law tresspasses on a citzen’s charter rights then it can be ruled unconstitutional

Law commission of Canada Suggestions - certain conditions must exist for an act to be subject to certain penalties

• the action must not harm other people

• the action must not violate basic values of society

• using the law to deal with the action must not violate the basic values of society

• criminal law can make a significant contribution to resolving the problem

In 1867 (Canadian Independence) provinces gave jurisdiction over criminal law to the federal government

• if you commit a crime in PEI you would get same punishment in Saskatchewan

Quasi Criminal Law

• Provinces & Municipalities can pass some laws that resemble criminal law but are not actual crimes

  • ex traffic violations - Highway traffic act