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Questions and Answers
What jurisdiction does the federal government have according to the British North America Act 1867?
What jurisdiction does the federal government have according to the British North America Act 1867?
- Health services
- Criminal law (correct)
- Property rights
- Education
Which court hears appeals from the decisions made at the King's Bench in Alberta?
Which court hears appeals from the decisions made at the King's Bench in Alberta?
- Alberta Court of Justice
- Federal Court of Canada
- Alberta Court of Appeal (correct)
- Supreme Court of Canada
What is the primary function of the Supreme Court of Canada?
What is the primary function of the Supreme Court of Canada?
- To address significant legal matters (correct)
- To handle all criminal cases
- To oversee the administration of justice in provinces
- To deal with matters of lesser importance
Which area is NOT under the provincial jurisdiction according to the British North America Act 1867?
Which area is NOT under the provincial jurisdiction according to the British North America Act 1867?
Which statement is correct regarding the Alberta Court of Appeal?
Which statement is correct regarding the Alberta Court of Appeal?
What defines mass murder according to the context provided?
What defines mass murder according to the context provided?
What is a key difference between early societies and modern legal systems?
What is a key difference between early societies and modern legal systems?
Which societal development marked the beginning of formal laws according to Leansky's framework?
Which societal development marked the beginning of formal laws according to Leansky's framework?
What happens to someone suspected of terrorism as per the stated legal practices?
What happens to someone suspected of terrorism as per the stated legal practices?
What aspect of property ownership does the concept of 'Crown land' reflect?
What aspect of property ownership does the concept of 'Crown land' reflect?
During which stage of societal development did norms govern behavior without formal laws?
During which stage of societal development did norms govern behavior without formal laws?
What is a significant impact of the rise of industrial and cybernetic societies on the law?
What is a significant impact of the rise of industrial and cybernetic societies on the law?
Which historical statute is still in effect in Canada reflecting its legal roots?
Which historical statute is still in effect in Canada reflecting its legal roots?
What is the term used for actions that are prohibited by law and entail a penalty?
What is the term used for actions that are prohibited by law and entail a penalty?
Which type of crime typically results in a sentence of more than 2 years in prison?
Which type of crime typically results in a sentence of more than 2 years in prison?
Who has the authority to determine if a case is indictable or summary?
Who has the authority to determine if a case is indictable or summary?
What element of a crime refers to the physical act or conduct that took place?
What element of a crime refers to the physical act or conduct that took place?
Which of the following best describes hybrid crimes?
Which of the following best describes hybrid crimes?
What is the primary purpose of criminologists in the context of political polarization?
What is the primary purpose of criminologists in the context of political polarization?
What does the Charter primarily set out concerning the legal system?
What does the Charter primarily set out concerning the legal system?
At which point is the crown prosecutor's decision on the charge classification final?
At which point is the crown prosecutor's decision on the charge classification final?
What best describes how criminal cases are framed in common law?
What best describes how criminal cases are framed in common law?
Which historical shift significantly altered the power dynamics leading to parliamentary systems?
Which historical shift significantly altered the power dynamics leading to parliamentary systems?
How does the law typically regulate human affairs?
How does the law typically regulate human affairs?
What is a primary focus of traditional punitive justice?
What is a primary focus of traditional punitive justice?
Which legislative action significantly expanded capital offenses?
Which legislative action significantly expanded capital offenses?
What is highlighted as a significant societal issue related to white-collar crimes?
What is highlighted as a significant societal issue related to white-collar crimes?
Which statement best describes the role of moral entrepreneurs in legal changes?
Which statement best describes the role of moral entrepreneurs in legal changes?
In the context of the Ford Pinto case, what aspect is primarily illustrated?
In the context of the Ford Pinto case, what aspect is primarily illustrated?
What is the main purpose of counting crime statistics?
What is the main purpose of counting crime statistics?
Which factor is NOT considered a challenge in counting crime?
Which factor is NOT considered a challenge in counting crime?
What does the crime funnel illustrate?
What does the crime funnel illustrate?
Which step is NOT part of the methodology for counting crime?
Which step is NOT part of the methodology for counting crime?
Why is consensus on counting significant in crime statistics?
Why is consensus on counting significant in crime statistics?
Administrative records used for counting crime include all of the following except:
Administrative records used for counting crime include all of the following except:
Which factor contributes to the disconnect between public perception and empirical evidence?
Which factor contributes to the disconnect between public perception and empirical evidence?
What must be ensured for effective data collection in crime statistics?
What must be ensured for effective data collection in crime statistics?
Study Notes
The Origins and Role of Law in Canada
- The British North America Act of 1867 established Canada as a dominion and divided powers between the federal and provincial governments.
- Federal jurisdiction includes criminal law, taxation, and divorce.
- Provincial jurisdiction covers property rights, administration of justice, health, education, and highways.
Levels of Court in Canada
- The Supreme Court of Canada is the highest court, dealing with matters of significant importance.
- The Alberta Court of Appeal hears appeals from the lower courts.
- The King's Bench and Alberta Court of Justice are trial courts.
Terrorism Studies
- Terrorism is defined as waging war against the population to invoke fear.
- Mass murder involves killing four or more people, sometimes with a political or social motive.
- Under Canada's Anti-Terrorism Act, suspected terrorists can be detained without charge, access to a lawyer, or a court appearance.
The Social Context of Dispute Settlement and the Rise of Law
- Laws are established by governments.
- Early societies relied on norms and conflict resolution through kin or self-redress.
- Leansky's Framework outlines societal development stages:
- Hunter-gatherer: Norms governed behavior.
- Pastoral: Domestication of herds and mobility.
- Horticultural: Emergence of personal property.
- Agricultural: Surplus creation and the rise of formal laws.
- Industrial and Cybernetic: Industrialization and technology's impact on law.
Legal Evolution in England and Canada
- Canadian law originates from English law.
- Statute of Frauds (1535) remains in effect.
- Crown land concept signifies ultimate ownership by the Crown.
Common Law and Legal Proceedings
- Common law relies on judicial interpretation.
- Criminal cases are framed as "R (the Crown) versus offender."
Changes in Power Dynamics
- The Industrial Revolution shifted power from feudal lords to a merchant class, leading to parliamentary systems.
- Canada's Criminal Code (1894) created a comprehensive legal framework.
The Role of Law in Society
- Law regulates behavior by prohibiting, permitting, or requiring certain actions.
- Moral entrepreneurs advocate for legal changes based on perceived social harms.
Economic and Social Implications
- Wealth inequality exists, with a small percentage controlling a large portion of global wealth.
- White-collar crimes and corporate fraud are significant societal issues.
Restorative Justice vs. Deterrence
- Deterrence is a traditional approach, assuming people weigh costs and benefits of actions.
- Restorative justice seeks to heal harm caused by offenses.
Important Examples
- The Black Act expanded capital offenses.
- Ford Pinto Case illustrated product safety legal accountability and corporate responsibility.
Criminal Law
- Crime is an act prohibited by law with a penalty.
- Public evil is a threat to society.
Types of Crimes
- Indictable offenses (felonies): Sentence exceeding two years.
- Summary offenses (misdemeanors): Maximum sentence of less than two years.
- Hybrid offenses: Can be indictable or summary.
- The Crown prosecutor determines the type of offense.
Charter Impact on the Law
- The Canadian Charter of Rights and Freedoms establishes fundamental rights and freedoms.
Elements of a Crime
- Actus reus: Conduct or act.
Counting Crime: Methodology
- Administrative Records: Using police reports, court files, and corrections records.
- Steps:
- Unit of Count: What is being counted.
- Levels of Aggregation: Scope of data (e.g., city vs. province).
- Definitions: Ensuring consistency across jurisdictions.
- Data Elements: Categorization for information extraction.
- Consensus on Counting: Standardized reporting like Uniform Crime Reports (UCR).
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Description
Explore the origins and role of law in Canada, including the impact of the British North America Act of 1867 and the framework of federal and provincial jurisdiction. Additionally, delve into the structure of the court system, from the Supreme Court to lower courts, and gain insights on terrorism laws under Canada's Anti-Terrorism Act.
