Canadian Employment Equity and Indigenous Rights

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What does the term 'Actus Reus' refer to in criminal law?

The intention to commit a crime

The guilty act or commission identified by law (correct)

The mental state of the defendant

The defense strategy used in court

Which of the following is necessary for establishing 'Actus Reus' in a crime?

The act must be carried out in self-defense

The act must be witnessed by law enforcement

The act must involve malicious intent

The act must be committed by a conscious operating mind (correct)

How does 'Mens Rea' differ from 'Actus Reus'?

'Mens Rea' concerns the physical action of committing a crime

'Mens Rea' is the law that defines criminal conduct

'Mens Rea' refers to the guilty mind or mental state (correct)

'Mens Rea' is focused on the voluntary nature of the act

Which statement regarding 'Mens Rea' is correct?

Moral guilt is required for the establishment of 'Mens Rea' Signup and view all the answers

What must be true for individuals not to be held criminally responsible?

They must not have acted voluntarily or had control over their actions Signup and view all the answers

What is a negativing defence primarily concerned with?

Raising a reasonable doubt about the accused's actus reus or mens rea. Signup and view all the answers

Which of the following would NOT be considered a negativing defence?

Self-defense Signup and view all the answers

In the context of possession of property obtained by crime, what is necessary for the mens rea?

The accused must have known the property was obtained by crime. Signup and view all the answers

What happens if an accused person is found to be NOT criminally responsible due to a mental disorder?

A verdict of NCR is imposed. Signup and view all the answers

Which of the following scenarios is most likely to involve a mistake of fact defence?

An individual believes they are legally allowed to possess a certain item. Signup and view all the answers

What type of fingerprint is formed by natural oils and perspiration and is not visible to the naked eye?

Latent fingerprints Signup and view all the answers

What are class characteristics in impression evidence?

Traits that can be shared by many items Signup and view all the answers

How can gloves potentially lead to the identification of a suspect?

Gloves can leave unique impressions. Signup and view all the answers

What bodily elements may be transferred in crimes against people?

Blood, semen, and mucus Signup and view all the answers

What is the stability advantage of DNA testing in forensic investigations?

DNA molecules are stable and can be preserved for decades. Signup and view all the answers

What defines individual characteristics in impression evidence?

Specific traits unique to a particular item Signup and view all the answers

What are visible impressions in forensic science?

Visible due to blood, dust, or grease deposits Signup and view all the answers

What is the primary component of DNA?

Deoxyribonucleic acid Signup and view all the answers

What is the primary purpose of international law regarding domestic legislation?

To prevent domestic actions from infringing on another state's sovereignty Signup and view all the answers

What is defined as the formal procedure for one country to request the return of a criminal from another country?

Extradition Signup and view all the answers

What does the Vienna Convention regulate regarding treaties?

The processes for negotiation and implementation of treaties Signup and view all the answers

Which international organization was created to maintain peace through collective security?

The League of Nations Signup and view all the answers

What were the '4 Policemen' according to Roosevelt?

The four leading military powers responsible for world peace Signup and view all the answers

What is the typical nature of titles for international treaties?

Voluntary Signup and view all the answers

What issue did the League of Nations struggle to address effectively?

Major global conflicts, notably World War II Signup and view all the answers

When did the United Nations officially come into existence?

October 24, 1945 Signup and view all the answers

Which of the following serves as a key purpose of DNA analysis in criminal investigations?

To establish a connection between individuals and a crime Signup and view all the answers

What is a significant indicator derived from analyzing blood at a crime scene?

The height from which a victim fell Signup and view all the answers

Which of the following best describes gunshot residue (GSR)?

Materials expelled from the gun during firing Signup and view all the answers

What is the primary benefit of plea bargaining in the criminal justice system?

It helps dispose of over 80% of criminal charges effectively Signup and view all the answers

Which of the following components is NOT a focus of sentencing in Canada?

Financial restitution Signup and view all the answers

What does the concept of 'rehabilitation' aim to achieve in the context of sentencing?

Restoration of offenders' morals and mental health Signup and view all the answers

Which of the following accurately defines the term 'denunciation' in the context of sentencing?

Labeling and condemning unacceptable behavior Signup and view all the answers

Which of the following is a major concern of Canada's criminal justice system?

Procedural fairness during legal proceedings Signup and view all the answers

What was a major consequence proposed by the 1969 White Paper regarding Indigenous rights?

It suggested Indigenous peoples would lose federal responsibility. Signup and view all the answers

What are the two types of land claims that can be brought before Canadian courts?

Comprehensive and specific land claims. Signup and view all the answers

Which section of the Constitution Act recognizes Indigenous rights in Canada?

Section 25. Signup and view all the answers

What is NOT one of the four conditions that must exist for an act to be considered a crime in Canada?

The action must be viewed as ethical by society. Signup and view all the answers

What principle justifies the use of criminal law to prevent harm to oneself?

Legal paternalism. Signup and view all the answers

Which aspect of the Criminal Code of Canada is true?

It outlines actions considered crimes. Signup and view all the answers

In the case of R v Cuerrier, what was the primary legal issue regarding Cuerrier's actions?

He did not inform his partners about his HIV status. Signup and view all the answers

What is a key characteristic of the trial system in Canada?

It is based on an adversarial system. Signup and view all the answers

What role does the crown play in the Canadian criminal justice system?

Holds the burden of proof. Signup and view all the answers

Which of the following best describes the goal of retribution within the criminal justice system?

Public denouncement and punishment of wrongful behavior. Signup and view all the answers

What is true regarding the definitions of crime as set by judges in Canada?

Judges may extend the ambit of the offense based on precedents. Signup and view all the answers

Which characteristic best describes comprehensive land claims?

They involve Indigenous groups that have never signed treaties. Signup and view all the answers

Which of the following is NOT recognized as a principle of justification for criminal law?

Prevention of contractual violations. Signup and view all the answers

Study Notes

Why is the Act Necessary?

In Ontario, female workers earn 16.1% less than male workers in 2022.
The act aims to reduce gender discrimination in pay.

Counter Argument to Employment Equity

Reverse discrimination is the practice of advancing one group's interests by unfairly treating others.
Critics argue that rectifying historical inequalities contradicts free enterprise and democracy.
They claim that those receiving preferential treatment aren't necessarily those who were originally discriminated against.

Indigenous Rights

Indigenous peoples in Canada have rights stemming from ancestral land use.
These rights vary based on unique cultures, customs, and traditions.

Brief History of Indigenous Peoples

The Royal Proclamation of 1763 recognized Indigenous peoples as autonomous nations.
It established a framework for treaties.
Indigenous peoples were entitled to their land, unless it was sold or traded.

Indian Act (1876)

Before the Act, Indigenous bands governed themselves.
The Act defined who was considered "Indigenous" and significantly changed how Indigenous chiefs and councils were elected and operated.
The Act "protected" Indigenous lands by appointing non-Indigenous agents to manage them.

This Act Gave Federal Authority

The Act gave the federal government power over health care, social services, and education for Indigenous peoples.
Indigenous people were not allowed to manufacture, possess, or sell liquor.
Indigenous women who married non-Indigenous men lost their status.

1960 White Paper

The government proposed abolishing the Indian Act and the distinction between Indigenous and other Canadians.
This would remove federal responsibilities, end compensation for land surrender, and integrate Indigenous people into mainstream society.
Indigenous leaders fiercely opposed this proposal.

Indigenous Land Claims

Indigenous land claims are a major source of dispute with both levels of government.
'Specific' claims are made by Indigenous groups who have signed treaties but feel their obligations are not being fulfilled.
'Comprehensive' claims are made by groups who have never signed treaties and have lost access to ancestral lands.

What Is Crime?

Crime is whatever Parliament defines as a crime.
It should reflect what Canadians want regarding how crimes should be treated.
The law reform act of Canada states that for an act to be considered a crime, actions must be immoral, harmful, and serious, demanding punishment from the justice system.

Criminal Code of Canada

Outlines which acts are considered crimes, how often offences are prosecuted, and imposed penalties.
Constantly amended to account for changing social values.

Types of Offences

Summary offences are less serious and less complex with a maximum of 2 years and a $5,000 fine.
Hybrid offences can be dealt with as either summary conviction or indicatable offences at the Crown’s discretion.
Indictable offences are the most serious with more complex procedures and potential penalties of up to 10 years.

Trial Methods

Summary conviction offences and hybrid offences (when dealt with summarily) are handled by a judge.

More serious indictable offences are tried by a judge with a possible jury trial.

Actus Reus and Mens Rea

Actus reus, in Latin for "guilty act", is the physical act a person performs.
Mens rea, in Latin for "guilty mind", Is the intent or state of mind with which the act was done.

Subjective Intent

Direct intent involves knowledge of all actions.
Recklessness is where a person understands and accepts the risk of harm, even if they do not intend to cause it.
Wilful blindness occurs if the accused suspects consequences to have occurred but avoids the truth.

Criminal Law Principles

The Rule of Law is fundamental, meaning laws are made public and citizens are treated equally under them.
Accused people have the right to a clear explanation of charges, a case must be made against them, and the presumption of innocence.
Principle that justice should not only be done but also be seen to be done.
Independent and unbiased judges are crucial to the integrity of trials.

Types of Principles in International Law

Territorial principle: Every state exercises jurisdiction over crimes committed within its territory.
Nationality principle: A nation can prosecute its citizens for crimes wherever they occur.

Passive nationality principle: A state can prosecute foreigners who commit crimes abroad affecting its citizens.

Protective principle: A state can prosecute if a crime harms its security.
Universality principle: Every state can prosecute certain serious crimes.

Criminal Trial Procedure

The judge has complete control over courtroom activities.
The Crown is responsible for proving guilt "beyond a reasonable doubt".
The accused must be provided with all evidence presented by the Crown.
Accused is given the opportunity to question Crown’s witnesses. A court clerk is responsible for various administrative functions, including documenting proceedings, and paper records that are very important to appeal process.

Sentencing

The sentencing commission defines sentencing as the legal judicial determination.

Sentencing in Canada follows four key principles. - Denunciation: Labelling unacceptable behaviour. - Deterrence: preventing future crimes. - Separation: isolating offenders to protect the public. - Rehabilitation: reforming offenders to reintegrate into society.

Wrongful Convictions

Can result from flawed procedures, disrespecting the rights of the accused.
Accurate procedure ensures fairness.

Negating Defences

Raises doubts as to the accused’s act or intent.
Includes Mistake of Fact, Mental disorder or intoxication..

Mens Rea Offences

Crimes require proof of intent, categorized as strict liability, absolute liability, or mens rea offences

Accused is responsible for actions in specific intent offences

Mental Disorders

Criminal law acknowledges that a mental disorder can prevent an accused person from understanding their actions and the consequences.

Automatism

Automatism is a condition in which an individual's actions are not under voluntary control.
It may be caused by certain circumstances.

Intoxication

Intoxication isn't usually a defense for crimes.
There are differences in rules regarding degrees of intoxication and their effect on criminal culpability.

Self Defense

Society acknowledges that self-defence may justify using force in some situations.
This defense involves considering whether force was reasonable in response to threat.

Compulsion

Compulsion is a defense used when an accused person is forced to commit a crime, such as through threats.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

Explore the complexities of employment equity in Canada, focusing on gender pay gaps and the counter-arguments surrounding reverse discrimination. Additionally, learn about the history and rights of Indigenous peoples, including significant legislation like the Indian Act of 1876. This quiz delves into the socio-economic landscape of Canada and the ongoing struggle for equality.