DAY 74 - A Civil Action Film Project

Here is the Civil Action film project.

DAY 72 - TORTS and Negligence

Presentation -  Introduction to Torts and Negligence and below are the highlights:

TORTS/PERSONAL INJURY – OVERVIEW

The word “Tort” comes from the French world for “Wrong.”  The primary aim of tort law is to provide relief for damages incurred and deter others from committing the same harms.
 
Torts are civil wrongs that result in an injury or harm and constitute the basis for a claim and lawsuit by the injured party.
 
The types of damages the injured party may recover are:

• loss of earning capacity
• pain and suffering
• reasonable medical expenses

 
Specific torts include acts such as:

• Trespass
• Assault
• Battery
• Negligence
• Producing faulty products
• Intentional infliction of emotional distress
• Defamation of character

 
Tort law determines when the person who causes the harm must pay compensation to the person who suffers it.  Personal injury law encompasses all types of physical and psychological injuries such as injuries arising from:

• motor vehicle accidents
• occupier's liability claims
• public liability claims
• negligence of school boards
• product liability claims
• catastrophic loss claims such as accidents resulting in paraplegia.

 
The Tort of Negligence is when harm occurs as a result of an individual, who is under a duty, fails to meet a standard of care imposed by that duty through an act or omission.
 
In general terms, Intentional Torts are any intentional acts that are reasonably foreseeable to cause harm to an individual and do so.
 
 

ELEMENTS OF THE TORT OF NEGLIGENCE

 1. NEGLIGENCE

Insufficient care; what a reasonable person should have done to protect the plaintiff

2. CAUSATION

Negligence must in fact be a cause of the damages complained of

3. DAMAGES

Actual loss or damage of a type recognized by law (usually a monetary loss)

4. DUTY OF CARE

An obligation by defendant to exercise sufficient care towards the plaintiff

5. STANDARD OF CARE

It is appropriate to hold the defendant liable based upon their expected standard of care owed to the plaintiff

 

ELEMENTS OF AN INTENTIONAL TORT

 

1.  INTENTIONAL TORT

The action resulting in the harm was intentional or voluntary

2. INJURY

The action must have caused harm or injury to the plaintiff

3. CAUSATION

The Tort was in fact the cause of the harm or injury

4. DAMAGES

The injury caused harm that can be rectified by (usually) a monetary payment to return the plaintiff to their position before the injury.

DAY 67 Test Review

Your test on WEDNESDAY will be on Criminal Law and it will be similar to your last test (Criminal Law).

Chapter 4
Criminal Law deals with offenses against society.  That's why the charge will always be R. vs. Smith (e.g.), the "R." stands for "Regina", or "The Queen".

Criminal Law seeks to punish and rehabilitate offenders, keeps the peace, protects people and property.

Criminal Law is the federal government's responsibility.

Some activities, like drinking in public, traffic violations, etc. can be municipal or provincial matters but they are not criminalized.

Summary Conviction offenses are minor criminal offenses (called "misdemeanors in the USA).

Indictable offenses are the more serious offenses (called "felony" crimes in the USA).

Hybrid offenses can be charged as either summary or indictable.

The Crown must prove its case beyond a reasonable doubt.

Actus reus (the criminal action) and Mens Rea (the criminal intent, guilty mind) must BOTH be proven against an accused to get a conviction.

The Superior Court of each province has a trial division and appeal division for important criminal cases.  The courthouse in Toronto that we visited is the Superior Court of Ontario.

The Supreme Court of Canada hears appeals on points of law, whether our existing laws adhere to the Charter of Rights and Freedoms.  They will also have a final say on points of law from appeals courts from across the country.

Overall Main Points of Chapter 4:
1. What is a crime and how is it dealt with in Canadian Society?
A Crime is an action that:
   a. is considered against the values of Canadian Society.
   b. causes harm to people or property.
   c. the harm caused is serious in nature and degree.
   d. using the criminal justice system against the perpetrators will help deter them (and others) from repeating similar actions.

2. Explain the types of criminal offenses.

Summary, Indictable, Hybrid. please explain each.

3. Distinguish between actus reus and mens rea using examples.

You should have a look at the cases in the chapter and at the review (pp. 142-143) for some interesting ideas and cases.

Chapter 5

The Police are there to serve and protect the public by enforcing the law, especially the Criminal Code.

To arrest someone, the police must have reasonable and probable grounds.

The police can use as much force as is necessary to prevent an escape.

The police must advise those under arrest of their rights - listed in the Charter s. 11.  For example, you do not have the right to remain silent in Canada (you may have seen that on American crime shows).

Police must get a search warrant to search private residences.

The main points of Chapter 5 are:

1. What makes an arrest legal?

2. What are the legal rights of the person under arrest?

3. What are the powers of the police to perform legal searches?

Also check the review of the chapter (pp 178-179) and the cases in the chapter.

Chapter 6.

The adversarial system is our system of trial (means that there are two opposing sides, each having the opposite goal - to prove guilty or to prove innocent.

The Crown represents society and they must prove the accused guilty of the offense.

The jury's job is to convict or to acquit based on evidence presented in court.

Both the Crown and the Defense have the opportunity to present witnesses and to question the other side's witnesses.

The judge determines the admissibility of evidence.  The judge also ensures a fair trial for the accused.

The main points of this chapter include:

1. What types of evidence can be accepted in Canadian Courts?

2. Describe our jury selection process.

Also, check the review of the chapter (pp. 214 - 215) for other highlights, and check the chapter cases.

Chapter 7

Describe the various types of homicide in Canada. 

1st Degree, 2nd Degree, Manslaughter, Infanticide, Negligent Homicide (these are all "culpable" homicides, meaning that there is blame attached, they are not strictly accidents).

There are three categories of assault and sexual assault in Canada, depending upon the severity of the attack.

Arson is the intentional causing of damage by fire.

Identity theft is on the rise and harms thousands each year in Canada.

Fraud is intentionally misleading others for a financial gain.

Weapons are either non-restricted, restricted, or prohibited.

Prostitution is legal in Canada but soliciting and other activities surrounding prostitution are illegal.

Drug laws are in the Criminal Code in the Controlled Drugs and Substances Act.

Impaired Driving is the main criminal cause of death in Canada.

The main points of the chapter are:

1. What are some examples of crimes of violence (against people)?

2. What are some examples of crimes against property?

Check out the Apply Your Learning Section of the Chapter review (p. 260).

Also check the rest of the review and the chapter cases.

Chapter 8

Defenses are the accused's response to the criminal charge.

The Best Defense is an Alibi - proof that the accused was at a different location and could not possibly have committed the crime.

There is a long list of possible defenses to crimes - please review them.

The defense of self defense is acceptable in Canada - a person can use as much force as is necessary to stop the immediate threat against them.

Prolonged abuse is an acceptable defense in Canada.

Please check the chapter review and your notes for more examples of defenses and some good case examples.

Chapter 10 - Youth Criminal Justice Act

April, 2003 (YCJA) - it replaced the Young Offenders Act.

It's part of the criminal code and deals with how we handle youth from the ages of 12 - 17. 

A Child of 11 years or younger is considered too young to be dealt with in the criminal justice system.

The YCJA expands the role of rehabilitation services for youths.

Youths have the same rights as adults under the Charter.  Youths have additional rights under the YCJA. 

Programs of extrajudicial measures and sanctions are designed to deal with youth outside the court system. 

The Supreme Court decided that reasonable grounds must exist before using sniffer dogs in school searches. 

Youths age 14 and up will be tried as adults for serious crimes but they'll be tried in Youth Justice Court.

The names of youths are not to be published.  However, youths aged 14 - 17 who have already been convicted of a serious crime will have their names published.

Sentencing of youth to jail time is a last resort. 

Main points of the YCJA - 

Explain the legal rights of youths upon arrest.

Do you think extrajudicial sanctions and measure are effective?

Outline the sentencing options for judges . . . .

Also, please look at the cases in the chapter and the other review information, pp. 354-355.


Chapter 9 - From Sentencing to Release
Both the Crown and defense can make submissions for sentencing.

Judges use a wide variety of information about the criminal, the crime, and victims when sentencing.

The objectives of sentencing are:
  - hold offenders responsible
  - punish the offender
  - consider victims' needs and concerns
  - impose appropriate measures emphasizing rehabilitation of the criminal
  - protect society
  - to deter the criminal from re-offending  (specific deterrence)
  - to deter the general public from committing similar acts (general deterrence)

Please refer to the rest of the review, pp. 324-325 and refer to the cases in the chapter.

DAY 66 - Questions for Officer Mike for Monday

Questions for Community Officer Mike O’Halloran

1.    Have you ever been involved in a murder case and what was it like?  Does it resemble, in any ways, what we see on TV or in the movies.

2.    What are the most interesting motives for crimes that you’ve come across?

3.    How big a burden is it to appear in court for relatively minor traffic offenses that people try to fight?

4.    Have you ever had to pull your gun on anyone?  What about other people you work with?

5.    How do you handle deciding at what point you start using force?  Does negotiating work?

6.    Have you ever been tasered as part of training?  Tell us about tasers.

7.    Have you ever been injured on the job by interacting with the public?

8.    What is the most emotionally distressful case you’ve had?

9.    How stressful is your job and how do you cope with that stress?

10.  Have you ever committed a crime before?  And if someone has committed a crime, can they still become a police officer?

11.  Have you ever handled a case in a way that you regret?

12.  Please tell us about the level of intensity in the training to become a police officer?

13.  Please tell us about the rules of the road regarding cell phone use and how the police use the computer equipment in their cars?

14.  Why did you become a police officer?

15.  Do you ever work in undercover work?  What’s it like?

16.  Have you ever had to deal with a hate crime?

17.  Have you ever been in a life-threatening situation?

18.  How often do the police pull over another police officer, perhaps one who is off-duty?

19.  What’s the worst call you’ve ever had to respond to?

20.  Under what circumstances can you ask to look in our backpacks?

21.  How do people treat you differently because you are a law enforcement officer.

22.  What does it mean to be “on-call” in your line of work.  Do you work shifts?

23.  Does criminal activity follow any patterns in the seasons, holidays, days of the week etc.?

24.  Have you ever had your evidence thrown out thus destroying your case?

25.  What are the rules around using or pulling out your weapon?

26.  What's your role at Acton HS?

27.  If there was one law you could change, which one would it be?

28.  Are the police tested for drugs?

29.  Have you ever been involved in a chase, either on foot or in a car?

30.  Do you get asked for advice and opinions on peoples’ activities from friends and family?

31.  Please tell us about the circumstances surrounding the youngest person you have had to arrest.

32.  What is the career trajectory for joining: RCMP; CSIS; SWAT; Canine Unit, etc.

DAY 59 Driving Offences

Driving Offences under the Criminal Code

DAY 55 - Legal Brief Due and New - Crimes Around the World

How Countries Treat Crimes Around the World.

Crimes Around the World Marking Sheet.

DAY 51 - Legal Brief Criminal Law

Legal Brief Assignment

Here's the assignment, "Legal Brief".  And here's the Legal Brief Marking Scheme for it.

DAY 48 - Sentencing to Release in YCJA

Under the YCJA, there are many options for sentencing including:

Absolute Discharge - for minor crimes only, e.g. shoplifting - it means the youth is guilty but no formal conviction is entered in the record.

Fines - maximum is $1000, judges will always consider the youth's ability to pay.

Compensation - pay the victims for their losses.

Personal and Community Service - in place of money (fines), offenders may be required to "work back" damage, usually in property crimes, like graffiti repair.  This is not used often and cannot be more than 40 hours in a year.

Police and Community Based Programs - Generally in large cities (Toronto, Ottawa, Winnipeg for example) and they often involve police and fire dept. volunteers.

Probation - youths are free (not in jail) but their under the supervision of probation officers who ensure that the youth is following the rules of their probation, e.g. staying off drugs/alcohol, good attendance at school or work, not association with known criminals, follow a curfew, etc.

Jail (Custody) - as a last resort youths can spend time in a youth jail, usually only if their crime is a violent crime and they have failed to comply with earlier sentences.

Open Custody - youths have some access to the community and the youths will live in group homes, residential wilderness camps - youths continue to attend school.

Secure Custody - real jail time is for violent youths with long criminal records and that are still considered a threat to society.

For youth criminals, the important principles of sentencing are:
1. To hold offenders accountable
2. To consider the victims' needs
3. To impose appropriate punishments and to rehabilitate the youth and to protect society.



FROM SENTENCING TO RELEASE

Why Sentence?
Sentencing reflects societal values.

In Canada judges have a lot of leeway in imposing sentencing, i.e. they are able to consider many factors when sentencing - the past history of the criminal, the impact on victims, the Criminal Code, time already spent in jail awaiting trial, etc.

Purposes of Sentencing - appropriate sentencing promotes respect for the law and helps to maintain a just and peaceful society.  When sentencing, judges have to have one of these objectives:

1. Denounce Unlawful Conduct - the crime is condemned from society's point of view.
2. Specific Deterrence - prevent (deter) the criminal from repeating the crime.
3. General Deterrence - send the message to the general public that committing that crime is not acceptable (deter others from committing the crime).
4. Keeping the Offender from Society - to protect society, some criminals need to be kept out of public.
5. Rehabilitation - restoring a person to good mental and moral character.
6. Reparation - to repay in one form or another the harm done to victims.

DAY 46 Youth Criminal Justice Act

  

Legal Rights of Youths – pp. 334 - 341

1. Outline four choices police have when dealing with a youth who has committed a minor first-time offence.

2. What are extrajudicial sanctions, and when are they used?  What two conditions must be met before a youth offender can participate in an extrajudicial sanctions program?

3. Under the YCJA, what additional rights are available to youths who are arrested?

4. When may a young person be fingerprinted and photographed?

5. What rights and obligations do parents or guardians have when their child is arrested?

Trial Procedures pp. 341 - 345

1. Why do youth court cases usually take less time to try than adult court cases?

2. What is a presumptive offence? List four examples.

3. Why are the identities of youth criminals protected from media publication? Do you agree that this is a good idea?   Why or why not?

4. List three reasons why the YCJA eliminated the transfer of serious crimes to adult court.

5. Why was the case of R. v. D.B. such a significant judgment in the history of youth justice in Canada?

Sentencing of Youths  pp. 345 – 351

1. What are the three principles of youth sentencing?

2. What is the purpose of a pre-sentence report? What kind of information does it contain?

3. What is the most lenient sentence a youth can receive? Why is it the best option for most youths?

4. Using examples, distinguish between open and secure custody.

5. What is the difference between an appeal and a review? What are the purposes of each?

DAY 41 - A Close Look at the Criminal Code

Today we had some fun looking at the Criminal Code and the issue of Homicide, as covered in ss.222+ in the Criminal Code (CC).

All parts of the CC are structured the same way.  In the section on Homicide it starts with a definition of Homicide: s. 222  " . . . a person causes, directly or indirectly, by any means, the death of a human being."

This rules out, say, killing any other animal as homicide - it's not killing a person.  Although unlawfully killing an animal is a crime as well, just covered in another section of the CC.

It goes on to say the Homicide can be either culpable or non-culpable - culpability is guilt or criminal responsibility.  And remember, that Actus Reus and Mens Rea must be present for culpability in this case.

For our purposes we'll look at Murder now, s. 229.  Again, it starts with a definition:
'Culpable homicide is murder when you mean to cause another's death or mean to cause bodily harm to another that you know is likely to cause the death.'  There are more stipulations, but that's the jist of it.

You can also commit Murder (see it's definition in s. 229 above) is you kill someone while committing another serious offense.  This is in s. 230, "Murder in the Commission of Offences."   The list of other offenses includes:
 - Treason
 - Piracy
- Hijacking
 - Escaping prison
 - Assaulting a peace officer (e.g. police)
- Sexual Assault
-  Robbery
- Breaking & Entering
- Arson

Then they classify murder as either 1st or 2nd degree and define each:
1st Degree =
- Planned and Deliberate
- Contract for killing
- Murder of a peace officer (e.g. jail guard, police, etc.)
- Hijacking, Sexual Assault, Kidnapping
- Murder during terrorist activity
- Using explosives in association with a criminal gang

2nd Degree = if it's not on the list above (but still murder) then it's 2nd Degree Murder.

When does the CC reduce homicide from murder to Manslaughter?
Culpable homicide that would otherwise be murder is manslaughter if the person committing it did so in the heat of passion or by sudden provocation.

Of course the CC then provides definitions for "heat of passion" and "sudden provocation".

Infanticide (s. 233) - defined as ' . . . a female causes the death of her newborn baby - if she is not fully recovered from the effects of giving birth and therefore her mind is disturbed.'


Then the CC outlines the Punishments:
1st Degree = Life in Prison (no parole for 25 years)
2nd Degree = Life in Prison (judges will decide on years until parole eligibility, often parole can be in 10 years)
Manslaughter = Life in Prison (judges have great leeway in deciding upon eligibility for parole)
Infanticide = maximum five years on jail

Counselling or Aiding in Suicide = maximum 14 years in jail

Now it's your turn - go to the online Criminal Code of Canada.

Draw a table and describe what is found in each of these sections of the CC as explained in class:

Sections 1, 6, 12, 13, 14, 16, 17, 19, 21, 22, 24, 26, 27, 29, 31, 34, 35, 43, 45, 46, 47, 57, 59, 63, 64, 64, 71, 72, 73, 76, 77, 83, 83.01 - 83.04, 85, 90, 119, 120, 131, 132, 144, 150.1, 151, 152, 153, 155, 159, 160, 163.1, 210, 212, 213, 222, 223, 229, 230, 231, 232, 233, 234, 235, 236, 237, 241, 247, 252, 253, 255, 264, 265, 266, 267, 268, 271, 273, 287, 322, 334, 343, 344, 348, 433, 434, 437, 445.1, 

DAY 39 - Criminal Law and Politics

Link to Shared Political Parties and Crime Platforms

Day 35 (Oct 22) Introduction to Criminal Law Lecture

Today we spent some time looking at the CBC News In Review story about the natural gas explosion at the Mexican resort in 2008 in which seven people died, five of whom were Canadian.  Although a modern country, Mexico has a problem with corruption and it would appear that this was part of the cause of the explosion - building codes were not followed and a ruptured gas line, a gas line that was not authorized on the blueprints of the resort, leaked gas in the space below the building and finally ignited causing a major explosion.  This law minute of the day is a good way to introduce the idea that the general public needs to be protected from crimes, even crimes that are "hidden in the ground."

We spent the rest of the class looking at my lecture on an Introduction to Criminal Law.

In case you missed it or in if you would like further clarification on your notes, here are some main points from the lecture:

The Law exists to:      Protect society & individuals

                                    Establish rules of conduct

                                    Keep the peace

                                    Punish offenders

                                    Protect rights and freedoms

What is a Crime?

Parliament decides what is a crime and it passes laws accordingly. 

A action that we consider a crime reflects societal values, e.g. Marijuana reform.   

Because different people have different values and beliefs, we establish that these  

FOUR CONDITIONS must exist in order for an action or omission to be considered a crime:

1. The Action must harm other people or entities and the harm must be serious in nature and degree.
2. The action violates the basic values of society.
3. Using law to deal with the action must not violate the basic values of society.
4. Criminal law can make a significant contribution to resolving the problem.

Also, these TWO ELEMENTS must exist for an action to be a criminal offense: actus reus & mens rea.  Because the Charter sec 11(d) says that a person is considered innocent until proven guilty the Crown attorney must prove both of these beyond a reasonable doubt.

ELEMENTS of a Crime

1. Actus Reus:     wrongful action (committing the act of the crime)
2. Mens Rea:       wrongful mind (intention to commit the crime), or that the offense is committed with i.) intent or knowledge  or ii.) recklessness.
1. Intent or Knowledge: Intent is the true purpose of the action, or what a reasonable person would be thinking under the circumstances.
2. General Intent: the person has no other criminal purpose in mind, e.g. assault or trespass (it has to be shown only that the person did apply force or was on someone else’s property) no need to prove mens rea.
3. Knowledge: knowing certain facts can provide the necessary mens rea, e.g. using an expired credit card or someone else’s credit card.
4. Recklessness: careless disregard for the possible results of an action.  People who act recklessly do not necessarily intend to cause harm, no matter.

DAY 31 - Human Rights in Canada Wrap Up and Review for First Test

First you presented your Human Rights in Canada work.

Then we started test review as follows:

CLU3M    Intro to Law Test Review, the test will be on TUESDAY (changed from our initial date of Monday).

This test will encompass everything we have covered in the course so far.  No detailed information about the section on the history of law will be required on the test as this is being dealt with in your projects.  For study purposes in this or any other course, the most effective course of action is to review your class notes and textbook headings each day.  For final preparation for this test you should review the following topics in detail (Chapters 1-3):

1.  What is law?

2.  Why do we have laws?

3.  Explain the difference between rules and laws.

4.  Explain three main functions of what laws do for us.

5.  What is the “Rule of Law” and how does it function within society?  How does the rule of law ensure a just and fair system of law in Canada?

6.  Briefly, how are laws created in Canada (stages that a bill goes through).

7.  Using an example for each, explain the philosophies: positivism, realism, natural law.

8.  Hobbes said that without government, “Life would be cold, nasty, brutish, and short.”  Explain. 

9.  State whether or not you agree with this statement: People are basically bad so they need laws and punishments to control them.

10.      The American Declaration of Independence (1776) states that all men [people] “are endowed by their Creator with certain unalienable Rights . . . these are Life, Liberty, and the pursuit of Happiness.”  Why was such a statement so revolutionary?

11.      In simplest terms, what is the Canadian Charter of Rights and Freedoms?  What does it guarantee? (Main areas that it covers).

12.      Why is the Charter significant to Canada?

13.      What limitation on our rights and freedoms is stated in the Charter (Sec.1)?

14.      The Charter holds these fundamental freedoms:

·                    Conscience and religion

·                    Thought

·                    Belief

·                    Opinion

·                    Expression

·                    Peaceful assembly

·                    Association

15.      The Charter holds these fundamental rights:

·                    Democratic (governing voting and elections)

·                    Mobility (movement within and outside of Canada)

·                    Legal rights

·                    Equality rights

·                    Etc.

16.      Using information from the Charter, argue in favour or argue against this statement: Teenagers are victims of prejudice, stereotyping, and discrimination.  Their rights should be expanded to include cheaper car insurance rates and the right to vote and buy alcohol and cigarettes at age 16.

17.      Which groups of Canadians have experienced discrimination?

18.      What forms of discrimination still exist in Canada?  What is being done to eliminate them?

Please look at the following from the textbook:  The Review Sections at the end of each of Chapters 1, 2, 3 – you should be familiar with the issues, vocabulary and concepts dealt with there.

Be familiar with the Susan Rodriguez Case (in 1993, which upheld the Criminal Code section against assisting someone to commit suicide) and the current debate and Supreme Court Case on the same issue (case was heard on October 15, 2014 – see online CBC News for good coverage of it).  What in society has changed to reopen the debate on how Section 7 and 15 of the Charter should be interpreted when it comes to assisted suicide?