Migration Theories to the Americas

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Questions and Answers

What fundamental belief regarding the natural world is central to many Aboriginal cultures?

  • Humans are the dominant species and should control nature.
  • Only select animals have a spiritual connection to the earth.
  • All natural elements possess a living spirit or life force. (correct)
  • Nature is solely a resource for human use.

According to Aboriginal traditions, how is land typically viewed?

  • As a communal resource held in trust for future generations. (correct)
  • As territory to be owned by powerful leaders.
  • As a commodity to be bought and sold.
  • As a resource to be exploited for profit.

Which of the following was NOT a primary justification for European colonization?

  • The desire to spread Christianity.
  • The pursuit of wealth through resource extraction.
  • The establishment of democratic governments. (correct)
  • The competition for national power and territorial expansion.

What was a significant change to the European diet resulting from contact with other cultures?

<p>The consumption of coffee, potatoes, peppers and sugar. (A)</p> Signup and view all the answers

How did contact with Aboriginal societies affect European medical knowledge?

<p>Europeans learned native cures, including those for scurvy. (D)</p> Signup and view all the answers

What is one consequence faced by the Aboriginal population due to contact with Europeans?

<p>Devastating exposure to European diseases such as smallpox and measles. (A)</p> Signup and view all the answers

What is the meaning of 'Gospel' in the context of the reasons for colonization?

<p>The mission to spread Christianity. (C)</p> Signup and view all the answers

How did European governments adapt after some contact with Aboriginal governments?

<p>They borrowed some governing principles, while simultaneously disregarding aboriginal land rights. (C)</p> Signup and view all the answers

What is a key characteristic of traditional Aboriginal governance structures?

<p>Elders guide the community based on cultural laws and customs. (D)</p> Signup and view all the answers

How did the governmental structures of France and England differ before the colonial conflict?

<p>France was an absolute monarchy, while England was a constitutional monarchy. (A)</p> Signup and view all the answers

Which of the following is a primary function of modern Aboriginal governance structures?

<p>Managing local education, healthcare, and housing within national frameworks. (B)</p> Signup and view all the answers

According to some beliefs, how can wealth and power potentially impact the principle of ‘equality under the law’?

<p>Wealth and power may create avenues for unfair treatment and advantage. (C)</p> Signup and view all the answers

What is the purpose of sentencing circles in some Indigenous legal systems?

<p>To focus on community involvement and restoring harmony through healing. (A)</p> Signup and view all the answers

Which legal influence is NOT mentioned to have contributed to Canada’s legal system?

<p>Japanese legal traditions. (C)</p> Signup and view all the answers

What is a key guarantee provided by the Canadian Charter of Rights and Freedoms?

<p>The protection of fundamental rights and freedoms for all Canadians. (B)</p> Signup and view all the answers

Which of these statements correctly describes the concept of the ‘rule of law’?

<p>Everyone should be treated equally by the law. (D)</p> Signup and view all the answers

According to the case studies, what is the first step after an arrest when a person isn't released by the police?

<p>The accused must appear before a judge or justice of the peace for a bail hearing. (B)</p> Signup and view all the answers

Under the Canadian Charter of Rights and Freedoms, which of the following is true regarding freedom of expression?

<p>It allows individuals to express their ideas without government interference or censorship. (B)</p> Signup and view all the answers

What is the general guideline for the timeline considered unreasonable for a trial delay in Canadian superior court?

<p>30 months (B)</p> Signup and view all the answers

Which option is NOT explicitly mentioned as a right within the Canadian Charter of Rights and Freedoms?

<p>Right to bear arms (A)</p> Signup and view all the answers

What is the main consideration of a judge when deciding whether or not to release an accused during a bail hearing?

<p>Public safety and whether the person will attend court. (B)</p> Signup and view all the answers

If a trial delay exceeds the limits without exceptional circumstances, what may happen?

<p>Charges may be dismissed to protect the accused's rights. (B)</p> Signup and view all the answers

What is the primary goal of labor justice?

<p>To ensure fair treatment of workers, including their rights, wages, and working conditions. (D)</p> Signup and view all the answers

What does the Canadian Charter ensure alongside upholding individual rights?

<p>Balancing rights with public interest and democratic principles. (D)</p> Signup and view all the answers

What rights, mentioned in the case studies, must the arrested person be informed of?

<p>Right to remain silent and the right to speak with a lawyer. (A)</p> Signup and view all the answers

What is the main function of trade unions?

<p>To negotiate and advocate collectively for improved worker conditions and wages. (A)</p> Signup and view all the answers

How did trade unions contribute to the improvement of workers’ rights?

<p>By establishing labor standards, safe working conditions, and protection against unjust dismissal. (C)</p> Signup and view all the answers

Which Canadian province was the last to grant women the right to vote in provincial elections?

<p>Quebec (D)</p> Signup and view all the answers

What did the Persons Case of 1929, in which Nellie McClung was a key figure, achieve?

<p>It recognized women as 'persons' under the law, enabling them to be appointed to the Senate. (D)</p> Signup and view all the answers

According to the provided text, what is the age range of a 'youth criminal'?

<p>12 to 17 years old (D)</p> Signup and view all the answers

What is the key difference between a 'youth criminal' and a 'young offender'?

<p>A 'youth criminal' is charged under the current act, whereas a 'young offender' was charged under a previous one. (B)</p> Signup and view all the answers

What was the primary goal of the Provincial Franchise Committee?

<p>To advocate for women's suffrage in Quebec through petitions, speeches, and media campaigns. (C)</p> Signup and view all the answers

Which of the following is NOT a typical condition of probation for a young offender?

<p>Maintaining employment at a set workplace. (C)</p> Signup and view all the answers

According to the provided content, what is a key difference emphasized when arresting a youth as opposed to an adult?

<p>The focus is on ensuring the youth understands the legal process and their rights. (C)</p> Signup and view all the answers

Under what conditions can a school official search a student?

<p>If there is reasonable suspicion based on credible information or observations. (D)</p> Signup and view all the answers

If a young offender is granted bail, which of the following is the most likely scenario?

<p>They are supervised by a surety and may have conditions like curfews. (B)</p> Signup and view all the answers

Why is the publication of a young offender's name generally avoided in trial procedures?

<p>To promote privacy and protect the youth’s future by avoiding associated stigma. (C)</p> Signup and view all the answers

Which of the following is the LEAST relevant principle in sentencing a youth?

<p>Focusing solely on punishment to deter crime. (A)</p> Signup and view all the answers

What is the primary difference between open custody and secure custody for young offenders?

<p>Open custody offers rehabilitation in a community setting, while secure custody is in a highly controlled environment. (B)</p> Signup and view all the answers

What is the maximum sentence a young offender can receive, based on the provided information?

<p>10 years (D)</p> Signup and view all the answers

What was the primary focus of the Juvenile Delinquents Act (1908) in Canada?

<p>Rehabilitation and welfare of young offenders through institutions (A)</p> Signup and view all the answers

Which of the following was a significant criticism of the Young Offenders Act (1984)?

<p>It was criticized for being too lenient, especially for serious and violent offences (B)</p> Signup and view all the answers

What is the main goal of the Youth Criminal Justice Act (2003) in relation to youth offenses?

<p>To create a system that balances rehabilitation with accountability (A)</p> Signup and view all the answers

Under the Youth Criminal Justice Act, at what age can a young person potentially be tried as an adult for serious crimes?

<p>14 years and older (B)</p> Signup and view all the answers

What was a key change introduced by the Youth Criminal Justice Act regarding sentencing for young offenders?

<p>A greater emphasis on alternative sentencing options for minor offenses (D)</p> Signup and view all the answers

Which of the following is an example of a diversion program under the Youth Criminal Justice Act?

<p>Extrajudicial measures, such as community programs, for first time, nonviolent offenders (A)</p> Signup and view all the answers

What is the maximum potential sentence a young offender can receive for a serious crime like murder under the Youth Criminal Justice Act?

<p>10 years (B)</p> Signup and view all the answers

Which of the following is an alternative to custody that a judge might give to a young offender?

<p>Probation (C)</p> Signup and view all the answers

Flashcards

Animism

The belief that all elements of nature, like plants, water, and rocks, have a spirit or life force.

Connection to Nature

A strong and deep connection with the land, viewed as a living entity.

No Ownership of Land

The belief that land is a shared resource for all generations, not owned by individuals.

Gospel

The spread of Christianity as a motivation for colonization.

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Gold

The search for wealth and resources as a driving force for colonization.

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Glory

The desire for national power and territorial expansion as a motivation for colonization.

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Diseases

The devastating impact of European diseases on Aboriginal populations, who had no immunity.

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New Medical Knowledge

The transfer of knowledge from Aboriginal people to Europeans, including cures for diseases like scurvy.

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Absolute Monarchy

A form of government where a king or queen holds absolute power with minimal limitations.

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Constitutional Monarchy

A form of government where the monarch's power is limited by a constitution and parliament.

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Traditional Aboriginal Governance

The traditional governance of Aboriginal peoples based on cultural laws, customs, and the guidance of elders.

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Modern Aboriginal Governance

Modern Aboriginal governance involving elected leaders or councils who manage local issues within national legal frameworks.

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Rule of Law

The principle that everyone should be treated equally by the law, regardless of their status.

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Canada's Legal System

A system of laws that combines British common law and French civil law, influenced by the Napoleonic Code and Roman law.

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Criminal Law

Deals with crimes that affect society, such as murder, theft, and assault.

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Civil Law

Deals with personal disagreements between individuals, such as contract disputes or property damage.

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What is labor justice?

A system ensuring fairness in the workplace by protecting workers' rights, promoting fair wages and safe working conditions.

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What are trade unions?

Organizations made by workers to collectively negotiate better wages, benefits, and working conditions with their employers.

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How have trade unions impacted workplaces?

Trade unions have secured fair wages and better working conditions through collective bargaining.

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Who is a youth criminal?

A person aged 12 to 17 charged with an offense under the current youth criminal justice act.

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Who is a young offender?

A person aged 12 to 17 charged with an offense under the previous young offenders act.

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When did women in Quebec gain voting rights?

Quebec was the last Canadian province to grant women voting rights in provincial elections.

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Who is Nellie McClung?

A Canadian writer, politician, and activist crucial in the fight for women's suffrage and the legal recognition of women as 'persons'.

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What is the Persons Case?

The legal case that recognized women as 'persons' in Canada, allowing them to be appointed to the Senate.

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Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms guarantees fundamental rights for all Canadians, including freedom of expression, equality under the law, and protection against discrimination. It strikes a balance between individual rights and the public interest.

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Freedom of Expression

Individuals have the right to express their opinions and ideas without government interference or censorship.

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Right to Vote

Citizens are given the right to participate in elections and have a say in government decisions.

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Equality Rights

Ensures all people are treated fairly and equally, regardless of race, gender, or other characteristics.

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Freedom of Religion

Individuals have the right to practice any religion or none at all without government interference.

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Legal Rights

Protects individuals' fair treatment under the law, including the right to a fair trial and protection from unfair detention.

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Arrest Process in Canada

The police can arrest someone if they have reasonable grounds to believe the person committed a crime or under a warrant issued by a judge.

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Timely Trial

The right to a timely trial is guaranteed under the Charter, ensuring cases are resolved without unreasonable delays.

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Juvenile Delinquent

A youth (aged 7 or older) charged with an offense under the historic Juvenile Delinquents Act.

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Juvenile Delinquents Act (1908)

Canada's first law specifically addressing youth crime, focusing on welfare through institutions like reformatories.

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Young Offenders Act (1984)

Replaced the Juvenile Delinquents Act in 1984, introducing a more structured legal framework for youth offenders.

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Youth Criminal Justice Act (2003)

The current law governing youth crime in Canada, balancing rehabilitation with accountability.

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Diversion Program

A measure that aims to prevent a young offender from going to court by diverting them to community programs or sanctions.

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Probation

A non-custodial sentence that includes conditions to be followed by the young offender.

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Restorative Justice

Community-based punishments that address the harm caused by the offense and focus on restoration and rehabilitation.

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Maximum Sentence for a Young Offender

The maximum sentence a young offender can receive for a serious crime, with different lengths for lesser offenses.

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Probation for Youth Offenders

A court sentence allowing a young offender to remain in their community under supervision, focusing on rehabilitation with conditions like regular reporting, no victim contact, and program attendance.

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Youth Rights During Arrest

Legal protections afforded to youths under the Charter, giving them specific rights during arrest, including understanding their rights, having a lawyer present, and having a parent or guardian present during questioning.

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Searches of Youth

Police officers can search a youth if they reasonably suspect the presence of drugs, alcohol, or weapons during an arrest. School officials can also search students with probable cause, like credible information or observations.

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Bail for Youth Offenders

Similar to adults, young offenders have bail rights but with stricter conditions, such as curfews, adult supervision, and no contact with victims or specific peers. Surety bonds may be posted by adults to ensure a youth's appearance in court.

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Trial Procedure for Youth Offenders

When a young offender faces trial, their names are kept private to protect their privacy and future prospects. Unlike adults, young offenders are judged under the Youth Criminal Justice Act, prioritizing rehabilitation over punishment.

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Youth Sentencing Principles

The goal of youth sentencing is to hold youth accountable for their actions while addressing their needs and the impact on victims. It focuses on rehabilitation and reintegration into society while protecting the public.

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Types of Custody for Youth Offenders

Open custody is for less dangerous youth, allowing them to participate in rehabilitation programs in community facilities with more freedom. Secure custody is for more dangerous youth, requiring stricter supervision within a detention center environment.

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Custody as a Last Resort

The Youth Criminal Justice Act emphasizes that custody should be the last resort for young offenders, only used for serious offenses or when community-based options are inadequate.

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Study Notes

Migration Theories to the Americas

  • Bering Land Bridge Theory: During the last ice age, a land connection (Beringia) formed between Asia and North America due to lower sea levels. Early humans crossed this bridge. Evidence includes archeological sites (Clovis spear points, human remains) and genetic similarities between Native Americans and ancient Siberian populations. Challenges to this theory include archeological findings suggesting earlier arrival times than the land bridge's existence.

Coastal Migration Theory

  • This theory suggests early humans traveled along the coasts in boats. Evidence includes archeological sites (like Monte Verde in Chile) and geological data demonstrating potential coastal routes during the ice age. However, genetic evidence suggests diverse origins, not a single coastal route.

Pacific Route Theory

  • Early humans may have migrated to the Americas using canoes across the Pacific. Evidence includes archeological findings of coastal sites in the Pacific exhibiting early human activity and possible techniques for long-distance travel. However, this theory struggles with timeline issues, not aligning with the Bering Land Bridge theory, and the significant oceanic challenges implied for such a vast and dangerous journey.

Aboriginal Societies Before Contact

  • Animism: Many cultures held spiritual beliefs about the interconnectedness of nature.
  • Nature Connection: The land was viewed as a living entity.
  • No Ownership: Land was a shared resource, not an object of individual ownership.

Colonization: Three Reasons

  • Gospel: European powers aimed to convert indigenous peoples to Christianity.
  • Gold: Desire for wealth, resources and trade drove colonization.
  • Glory: Acquisition of land and power enhanced the status of European nations.

Contact Effects on Europeans

  • New Foods: Increased food choices with indigenous products like coffee, potatoes, peppers, and sugar.
  • Medical Knowledge: Europeans learned new remedies native to indigenous cultures.
  • Government Structures: Europeans borrowed ideas from indigenous governing systems, but often disregarding aboriginal land rights.

Contact Effects on Aboriginal Peoples

  • Disease: Europeans introduced deadly diseases like smallpox and measles.
  • Dependence: Indigenous peoples became reliant on European goods
  • Loss of Culture: Europeans imposed their culture and language causing loss of traditional ways.
  • Improved Agriculture: Introduction of horses and livestock.

WWI Effects on Canada

  • Relationship with Britain: Canada gained more independence.
  • World Status: Canada earned greater international respect.
  • Women's Rights: Wartime roles led to advancements in women's rights.
  • Canadian Identity: The war shaped a stronger national identity separate from Britain.

Slavery and the Atlantic Slave Trade

  • Millions of Africans were forcibly transported to the Americas as slaves over 15th and 19th centuries.
  • Enslaved people were used for labor in colonies.

Types of Sovereignty

  • Legal sovereignty: a state's ability to make and enforce laws.
  • Constitutional sovereignty: Authority of a state based on a constitution.
  • Territorial sovereignty: A state's control over its territory.
  • Popular sovereignty: Government authority derived from the consent of the governed.

Russia's Motives for Invading Ukraine

  • Strategic Influence: Boosting its reach in Eastern Europe and countering NATO expansion.
  • Economic Resources: Accessing Ukraine's valuable resources.
  • Political Power: Maintaining influence over former Soviet territories.

Parallel Troubles in Ireland and Ukraine

  • Identity Issues: Both involved conflicts due to distinct national identities.
  • Violence: Both countries experienced violent conflict over self governance.
  • Community Divisions: Both involved conflicts stemming from different communities.

Sovereignty Challenges in Canada

  • Indigenous Groups: Demand greater control over land and self-governance.
  • Quebec: Challenges over self determination and national unity.
  • Economic Tensions: Resource management and dispute between provinces.

Sovereignty in Palestine and India

  • Colonial Rule: Both regions had periods of colonial rule that exacerbated existing tensions.
  • National Identity: Strong national identities emerged in India and Palestine during British colonization.
  • Violence and Displacement: Both regions saw significant violence, displacement, and civil unrest over control of territory.

Governance in the American Revolution (1775–1783)

  • Taxation without Representation: Colonists opposed taxes imposed by Britain without representation.
  • Disputes about Colonial Affairs: Britain's interference in colonial administration.
  • Desire for Independence: Colonists sought to control their own laws and governance.

Rights Apart of the Charter

  • Freedom of Expression: Individuals can express opinions without limitations by the government.
  • Right to Vote: Citizens can participate in elections to express their democratic views.
  • Equality Rights: Guarantees equal treatment based on characteristics like gender or race.
  • Freedom of Religion: Citizens can practice any religion or none.
  • Legal Rights: Ensures fair treatment under the law.

Oakes Test for Charter Infringement

  • The government can infringe on charter rights if it can show the infringement to be reasonable and justified. Courts need to make sure the government's infringement actions are minimal.

Issues in the Charter of Rights and Freedoms

  • The government needs a reasonable justification for limiting rights. There needs to be an important public interest to limit those rights.

Labour Justice and Trade Unions

  • Fair Wages and Conditions: Advocates for fair wages, safe working environments, and benefits for workers.
  • Representing Workers: Negotiates with companies on behalf of workers.
  • Collective Bargaining: Trade unions negotiate with employers over wages and other working factors.

Women's Rights

  • Gradual progression to gain political rights (including voting rights)
  • Significant historical figures like Nellie McClung.

YCJA and Young Offenders

  • Youth Criminal Justice Act: Aimed to balance youth rehabilitation with accountability.
  • Replaced the Young Offenders Act, focusing on rehabilitation, justice, and restoration.

Diversion Programs

  • Extrajudicial Measures: Community service, counseling, or other measures for first-time, minor offenders.
  • Avoiding a Criminal Record: Avoiding arrest or conviction.

###Custody and Bail

  • Stricter conditions: Curfews, supervision by adults, or restrictions on contact.
  • Consideration of dangerousness: Foster care or supervised homes may be considered for those with higher risk factors.

Environmental Racism

  • Communities are unfairly exposed to environmental hazards because of discriminatory policies or practices(such as industrial waste).

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