Law and Courts in Canada

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Questions and Answers

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?

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?

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?

Taxation Signup and view all the answers

Which statement is correct regarding the Alberta Court of Appeal?

It has three judges for appeals. Signup and view all the answers

What defines mass murder according to the context provided?

The killing of 4 or more people Signup and view all the answers

What is a key difference between early societies and modern legal systems?

Formal laws did not exist in early hunter-gatherer societies Signup and view all the answers

Which societal development marked the beginning of formal laws according to Leansky's framework?

Agricultural Societies Signup and view all the answers

What happens to someone suspected of terrorism as per the stated legal practices?

They can be detained without charges and without a lawyer Signup and view all the answers

What aspect of property ownership does the concept of 'Crown land' reflect?

Government retains ultimate authority over land Signup and view all the answers

During which stage of societal development did norms govern behavior without formal laws?

Hunter/Gatherer Societies Signup and view all the answers

What is a significant impact of the rise of industrial and cybernetic societies on the law?

Focus on how technology impacts legal structures Signup and view all the answers

Which historical statute is still in effect in Canada reflecting its legal roots?

Statute of Frauds Signup and view all the answers

What is the term used for actions that are prohibited by law and entail a penalty?

Crime Signup and view all the answers

Which type of crime typically results in a sentence of more than 2 years in prison?

Indictable Signup and view all the answers

Who has the authority to determine if a case is indictable or summary?

Crown prosecutor Signup and view all the answers

What element of a crime refers to the physical act or conduct that took place?

Actus Reus Signup and view all the answers

Which of the following best describes hybrid crimes?

Crimes that can be either indictable or summary Signup and view all the answers

What is the primary purpose of criminologists in the context of political polarization?

To offer insights into crime and justice influenced by political views Signup and view all the answers

What does the Charter primarily set out concerning the legal system?

Fundamental rights and freedoms Signup and view all the answers

At which point is the crown prosecutor's decision on the charge classification final?

After the clerk of the court reads the charges Signup and view all the answers

What best describes how criminal cases are framed in common law?

Crimes are prosecuted as offenses against the state. Signup and view all the answers

Which historical shift significantly altered the power dynamics leading to parliamentary systems?

Rise of the merchant class during the Industrial Revolution. Signup and view all the answers

How does the law typically regulate human affairs?

By prohibiting, permitting, or requiring certain behaviors. Signup and view all the answers

What is a primary focus of traditional punitive justice?

Deterring future criminal behavior. Signup and view all the answers

Which legislative action significantly expanded capital offenses?

The Black Act. Signup and view all the answers

What is highlighted as a significant societal issue related to white-collar crimes?

The implications for sentencing based on community impact. Signup and view all the answers

Which statement best describes the role of moral entrepreneurs in legal changes?

They advocate for changes based on perceived social harms. Signup and view all the answers

In the context of the Ford Pinto case, what aspect is primarily illustrated?

Legal accountability regarding product safety. Signup and view all the answers

What is the main purpose of counting crime statistics?

To develop policies and understand the impacts of crime Signup and view all the answers

Which factor is NOT considered a challenge in counting crime?

Utilization of modern technology in data collection Signup and view all the answers

What does the crime funnel illustrate?

The decreasing number of crimes as they move through the justice system Signup and view all the answers

Which step is NOT part of the methodology for counting crime?

Determine public sentiments about crime Signup and view all the answers

Why is consensus on counting significant in crime statistics?

To ensure accurate and consistent police reporting Signup and view all the answers

Administrative records used for counting crime include all of the following except:

Public surveys Signup and view all the answers

Which factor contributes to the disconnect between public perception and empirical evidence?

Ideological beliefs that may not be based on evidence Signup and view all the answers

What must be ensured for effective data collection in crime statistics?

Consistent organization of data elements Signup and view all the answers

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.

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.

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.