I'm away until Friday so please follow instructions here on the blog.
From Text:
Three cases:
R. v. Oakes, Page 39
Multani v. Commission scolaire Marguerite-Bourgeoys, Page 41-42
Canada v. JTI-McDonald Corp., Page 44
Please read the cases and answer the questions that follow.
Tuesday, March 18
Today we're looking at three different philosophies of law as follows:
Positivism - the way of looking at a legal idea that considers FACTS, technical information, literal interpretation of law, "letter of the law". What this school of thought does not consider is any other legal philosophy. This school of thought is not interested in "extenuating" circumstances.
Natural Law - the way of looking at a legal idea that considers the "will of god", the compassionate nature of the god or the wrathful nature of the god. This school of thought is often guided by religious principles that establish what the "natural order" of existence should be. For some people nature is ruled by God.
Realism - this way of looking at a legal idea does not direct it in any way. Realists acknowledge that many different factors influence legal ideas. For example, psychological, social, cultural, religious, economic, experiential, etc. factors can influence how we should examine a legal principle. A true realist judge would try to gather as much information from many aspects of a case to render a good judgment (background of the offender, religious beliefs, motivations of people, etc.).
Here's the handout on Three Legal Philosophies (see R v. Ford below).
On the back of this sheet is the R. v. Ford Case in which I ask everyone to make a legal judgment on a case, your first case! When you are done reading then answer the CASE QUESTION at the bottom of the case - this is formal and you need to write your case in full paragraphs.
Everyone should list the factors that are most important in deciding this case.
Positivism - the way of looking at a legal idea that considers FACTS, technical information, literal interpretation of law, "letter of the law". What this school of thought does not consider is any other legal philosophy. This school of thought is not interested in "extenuating" circumstances.
Natural Law - the way of looking at a legal idea that considers the "will of god", the compassionate nature of the god or the wrathful nature of the god. This school of thought is often guided by religious principles that establish what the "natural order" of existence should be. For some people nature is ruled by God.
Realism - this way of looking at a legal idea does not direct it in any way. Realists acknowledge that many different factors influence legal ideas. For example, psychological, social, cultural, religious, economic, experiential, etc. factors can influence how we should examine a legal principle. A true realist judge would try to gather as much information from many aspects of a case to render a good judgment (background of the offender, religious beliefs, motivations of people, etc.).
Here's the handout on Three Legal Philosophies (see R v. Ford below).
On the back of this sheet is the R. v. Ford Case in which I ask everyone to make a legal judgment on a case, your first case! When you are done reading then answer the CASE QUESTION at the bottom of the case - this is formal and you need to write your case in full paragraphs.
Everyone should list the factors that are most important in deciding this case.
For Example:
1. Ford was charged with theft of narcotics (insulin).
2. He stole the insulin for his daughter (diabetic)
3. Dyslexia prevents him from getting a job despite his efforts to find one.
4. Freeland is deeply religious.
5. That religion required Ford to provide insulin for his daughter.
6. He could not afford it so he had to steal it.
7. Ford has been unemployed for eight months.
8. Social assistance was not available to Ford because he was not disabled "enough".
9. Mandatory penalty of 15 yrs. in jail for narcotics theft (insulin is considered a narcotic in Freeland).
10. Daughter's health was deteriorating because of lack of insulin (three weeks).
1. Ford was charged with theft of narcotics (insulin).
2. He stole the insulin for his daughter (diabetic)
3. Dyslexia prevents him from getting a job despite his efforts to find one.
4. Freeland is deeply religious.
5. That religion required Ford to provide insulin for his daughter.
6. He could not afford it so he had to steal it.
7. Ford has been unemployed for eight months.
8. Social assistance was not available to Ford because he was not disabled "enough".
9. Mandatory penalty of 15 yrs. in jail for narcotics theft (insulin is considered a narcotic in Freeland).
10. Daughter's health was deteriorating because of lack of insulin (three weeks).
Wednesday, March 19
See the Search and Seizure in a School Setting sheet which covers various aspects of your rights in a school setting, in particular your rights regarding your lockers.
I have asked, on the handout, that you create a four paragraph response explaining how you see the information on Locker Searches connecting with the Charter of Rights. You must be specific (i.e. cite the sections of the Charter) when you refer to the Charter and in each case explain the significance of the Charter in ensuring an effective justice system in Canada. Use your text to look up relevant information - Index, Chapters 1-3.
Points to Consider in Locker Searches:
1. Privacy.
2. Who owns the locker?
3. School-wide security.
4. What constitutes "reasonable suspicion"?
5. Who are the witnesses?
6. What about shared lockers?
7. Seriousness of the suspected offense.
8. What about lockers that are not locked?
9. Prior offenses of the suspects?
10. Should all lockers be searched?
I have asked, on the handout, that you create a four paragraph response explaining how you see the information on Locker Searches connecting with the Charter of Rights. You must be specific (i.e. cite the sections of the Charter) when you refer to the Charter and in each case explain the significance of the Charter in ensuring an effective justice system in Canada. Use your text to look up relevant information - Index, Chapters 1-3.
Points to Consider in Locker Searches:
1. Privacy.
2. Who owns the locker?
3. School-wide security.
4. What constitutes "reasonable suspicion"?
5. Who are the witnesses?
6. What about shared lockers?
7. Seriousness of the suspected offense.
8. What about lockers that are not locked?
9. Prior offenses of the suspects?
10. Should all lockers be searched?
Thursday, March 20
Criminal Law - Introduction
Please go through Chapter 4, Intro to Criminal Law taking notes on subheadings and answering all questions that you encounter.
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