Today is a review day - here are some of the highlights . . . your test is on Monday and it will consist of one case study in which you will need to examine BOTH sides of the issue. To do so you must quote the Charter of Rights and the Criminal Code (I'll give you both and the Criminal Code sections that I give you will be very short). I'll also add a couple of general questions re: human rights.
Chapter 1 - see the review on pp. 34 - 35.
Current Law is often based on older laws, e.g. Hammurabi, Mosaic, Napoleonic Code, etc.
Precedents are when a judge refers to an earlier case and then he/she must decide the current case in a similar way (when similar facts are presented).
Civil Rights are your rights when dealing with the government.
Please see the rest of the review section - you don't need to write down answers for the questions but certainly review them.
Chapter 2 - see the review on pp. 68 - 69
The rights and freedoms in the Charter are not unlimited or absolute - they are subject to limitations that must be reasonable and justifiable in a free and democratic country like Canada. This is s. 1 of the Charter, known as the "limitations clause".
Although our elected officials in Ottawa write and rewrite laws, it is the Supreme Court of Canada that interprets the rights and freedoms as outlined in the Charter.
You should be generally familiar with the freedoms and rights in the Charter, e.g.:
Conscience
Religion
Thought
Belief
Opinion
Expression
The Press and other Media of Communication
Democratic Rights
Mobility Rights
Legal Rights are spelled out clearly too:
Life, Liberty and Security of the Person
To be secure against unreasonable search and seizure
Not to be detained or held in jail without just cause
Upon arrest - to be informed of the reason, to get a lawyer, to see a judge to ensure that the arrest is legal (habeas corpus)
If charged with an offense you have a long list of rights (s.11) - note that one of them is the right to be presumed innocent until proven guilty.
You have the right to NOT be subjected to cruel and unusual punishment or treatment (s.12)
Equality Rights - specifically you cannot be discriminated against because of . . . .:
Race
National or Ethnic Origin
Colour
Religion
Sex
Age
Mental or Physical Disability
One of the remedies that the Charter provides includes striking down a law that violates the Charter.
You should be able to explain the importance and function of the "limitations clause" (s.1).
Again, please review the questions on pp. 68-69 but don't necessarily answer each one in writing.
Chapter 3 Review, pp. 108-109.
Anything that prevents you from participating fully in society is a barrier - and we have laws, including the Charter, that aim to prevent this from happening.
The Persons Case (1929) established that women were legal persons in Canada.
Women continue to fight for equal pay and equal opportunity in the workforce.
Same-sex couples are now allowed to marry and enjoy all of the benefits of marriage including adopting
Sue Rodriguez - wanted to commit suicide but was physically unable. She need the help of someone to end her own life. This is illegal in Canada (suicide is not, however). This raised the issue freedom of choice, cruel and unusual treatment.
In addition, we looked at the R. v. Ford Case - the father stole insulin to save his daughter - he had no other way to get it. Our treatment of this highlighted three interpretations of law:
1. Positivist = interpreting the law based on the "letter of the law", seeing it in "black and white terms" without regard to outside circumstances.
2. Natural Law = people who follow a religion will consider these beliefs as part of the natural world, or the natural order of things much the same as nature will take it's course and you'll die if you are deprived of oxygen (remember the three guys stuck in a cave?).
3. Realism = judges will consider circumstances when judging a case, for example if someone was in economic straits, or if someone was in mental turmoil, etc.
Again, please look at the review section for Chapter 3, pp 108-109.
Also, you should be reviewing or skimming through your entire notebook a few times a week, including this weekend of course, so that you're familiar with everything we've covered thus far.
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