Law Exam Notes PDF

Unit #1 Rule of Law -​ That law is needed -​ That it is enforced by those in a legal position to do so and -​ That everyone is equal under the law -​ No one is above the law -​ This concept was reinforced by the supreme court in 1959 in roncarelli v. duplessis Principle that laws...

Unit #1 Rule of Law -​ That law is needed -​ That it is enforced by those in a legal position to do so and -​ That everyone is equal under the law -​ No one is above the law -​ This concept was reinforced by the supreme court in 1959 in roncarelli v. duplessis Principle that laws apply equally to everyone, regardless of status or position, and no one is above the law. Natural Law -​ Based on a higher, divine power -​ Believed that an ideal set of rules governing conduct originated from the divine power -​ Law and morality are interconnected (vs Positive Law, where they are separate) -​ Tend to consider the specific circumstances of an event -​ Aristotle was the founder of Natural Law Roncarelli v. Duplessis Landmark Canadian case (1959) establishing that government officials cannot exercise power arbitrarily, reinforcing the rule of law. Background on Maurice Duplessis Known as the father of Quebec Was elected as Premier in 1944 At the time of the case was the Attorney General of Quebec Background on Frank Roncarelli Owned a family restaurant in Montreal Was a Jehovah's witness Was a respected businessman and often posted bail for other Jehovah's witnesses who were arrested. Dispute Duplessis suspended Roncarelli liquor licence on December 4, 1946 because he disliked the fact that Roncarelli posted bail for Jehovah’s witnesses.This caused a large loss of business for Roncarelli, who ended up sueing Duplessis for financial losses. First trial Roncarelli won but he felt what he was awarded wasn’t what he deserved. So eventually he took this to the Supreme Court of Canada where they increased the amount of damages won to $33000 Positive Law -​ Believed that laws should originate from political authority -​ May be described as a human-made law -​ Purpose is to maintain social order  -​ Law and morality are two separate and distinct ideas (vs Natural Law, where they are interconnected) -​ Tends to focus on written laws as opposed to specific circumstances Legal philosophy emphasizing laws created by legitimate authorities, focusing on written rules rather than moral considerations. Justice The concept of fairness and moral rightness, ensuring equality and impartiality in the application of laws. Socrates(470-399 BCE) -​ Developed the process of the dialectic (questions to answers to further questions) -​ Spoke about justice, knowledge, love, and virtue - and how all of these function in a person’s quest for “true happiness” -​ From the Stoics, who said that law is determined by how people who seek true happiness would act -​ Argued that moral goodness was more a matter of divine gift than parental or societal nurture (your born good) Greek philosopher who emphasized moral reasoning and the pursuit of truth, laying the groundwork for Western philosophy and justice. Moral Rightness The ethical quality of actions or laws aligning with principles of fairness and virtue. Plato (428-348 BCE) -​ Believed there were absolute truths that the law should reflect -​ Believed that laws based on absolute truths are not subservient to government -​ Law-makers seek to understand absolute truth and justice - humans were not capable of finding/understanding true justice -​ Believed that all people are born “good” Greek philosopher and student of Socrates, who emphasized justice as harmony within society and the soul, detailed in The Republic. Jurisprudence The study and theory of law, examining its principles, application, and societal impact. Aristotle (384-322 BCE) -​ Considered the founder of natural law -​ Believed that the origin of law is in nature, and when humans understand nature they understand law -​ The true meaning of law could be revealed through human reason -​ Disagreed with Plato… people are not born “good”, rather they need laws to promote good behavior throughout society Greek philosopher who viewed justice as giving each their due and emphasized the role of law in achieving societal harmony. Equality The principle that all individuals are treated equally under the law, without discrimination. Equity A branch of law focusing on fairness and justice, often addressing gaps in statutory law. St. Thomas Aquinas (1225-1274 CE) -​ Christian philosopher who was influenced by the work of Aristotle -​ Believed that law is a mirror of nature, and is made known to humans through reasoning and divine revelation -​ Believed that humans were naturally inclined to be “good” -​ Believed in a four-tier hierarchy of law -​ Eternal Law (beyond human comprehension) -​ Divine Positive Law (revealed by God) -​ Natural Law (know to humans) -​ Human Positive Law (created by humans) Medieval philosopher who integrated natural law with Christian theology, emphasizing laws aligned with moral principles. Thomas Hobbes (1588-1679) -​ Wrote “Leviathan”, which set the standard for Western philosophy -​ Believed in security and peace within society -​ Believed that justice relied on a superior authority/ruler (e.g. government) to take appropriate actions to promote security and peace in community -​ Believed in democracy Philosopher who viewed laws as a social contract, essential for maintaining order and preventing anarchy. John Locke (1632-1704) Locke promoted ideas that could be interpreted as supporting both natural and positive law -​ One of the first proponents of equality as an essential element of natural law -​ Believed that the purpose of law is to preserve equality and protect citizen’s rights -​ One of the first proponents of democracy Philosopher advocating for natural rights (life, liberty, and property) and the idea that governments must protect these rights. Adversarial System A legal system where two opposing parties present their cases to an impartial judge or jury. Technological Changes -​ As technology shifts so must laws  -​ A historic example would be the change from horse buggy to cars. We had to create traffic laws to accommodate that -​ A more current example would be privacy laws created to combat social media concerns. Advances in technology affecting laws, such as those governing digital privacy, intellectual property, and cybercrime. Changes in Values -​ As the population change in canada our social values shift, we change what we emphasize as being important or even legal -​ For example contraceptives were once illegal to purchase or sell, now it's considered nearly illegal to not use them -​ Smoking -​ Drinking and driving -​ How else have our values shifted Shifts in societal norms and ethics influencing legal reforms (e.g., legalization of same-sex marriage). National Emergencies -​ Laws can shift to accommodate an urgent need in the society -​ The 9/11 incident in the USA prompted canada to pass the anti terrorism act which allowed police to arrest people suspected of terrorist activity without charging them first -​ Allowed police to force people to testify in secret investigations. Situations like wars or pandemics that may justify temporary limitations on rights for public safety. Individual and Collective Actions -​ Sometimes one person really can change the way things are done -​ Take nelson mandela who challenged apartheid in south africa but was imprisoned for decades he eventually became president and had it abolished -​ What about the occupy movement? The idle no more movement? BLM? -​ What other collective actions can change laws or policies? Efforts by individuals or groups to drive social, legal, or political changes (e.g., protests, lobbying). R. v. N.S. Canadian Supreme Court case addressing the balance between religious freedoms and fair trial rights (e.g., wearing a niqab during testimony). Common/Case Law -​ Definition - Law that originates from decisions made by judges in other cases -​ Also called common law because it is often common to all people -​ Also called case law because it is based decisions made by judges in previous decisions (Stare decisis)  -​ Layers use stare decisis to find precedents that favor their clients -​ Precedent - a court decision that is cited as an example or analogy to resolve similar questions of law in later cases -​ Judge similar cases similarly and different cases differently. -​ Judges may also react previous decisions and create new precedent - this is called “distinguishing a case” Law developed through judicial decisions and precedents rather than written statutes. Procedural Law -​ Laws that prescribe methods of enforcing the rights and obligations of the substantive law -​ Laws governing the processes for enforcing rights and obligations, such as court procedures. Lobby Groups Organizations seeking to influence government policies and laws on behalf of specific interests. What is lobbying? -​ Lobbying is the process through which individuals and groups articulate their interests to federal, provincial or municipal governments in order to influence public policy or government decision-making. -​ Lobbyists may be paid third parties who communicate on behalf of their clients or may be employees of a corporation or organization seeking to influence the government. -​ Because of the possibility for conflict of interest, lobbying is the subject of much public scrutiny. Nevertheless, it serves the important purpose of providing individuals and collective interests with access to government. Substantive Law -​ Law that defines the rights =, duties, and obligation if citizen and government -​ Laws defining rights and responsibilities (e.g., criminal law, contract law). Constitutional Law -​ Definition - A body of law dealing with the description and exercise of government powers. -​ The Canadian constitution determines the structure of the federal government and divides law making power between federal and provincial governments. -​ Constitutional Law also limits the power of government by setting general standards that all other laws must follow. -​ Constitutional law overrides both statute and common law in canada -​ Laws that violate the constitution are struck down by courts and called “unconstitutional”. All laws must abide by constitution Laws defining the structure, powers, and rights within a country, including rights under the Canadian Charter. Statute Law -​ Definition: A law or act passed by the government. -​ Acts become law when passed through parliament (Federal) or provincial legislature -​ Many of our laws today are actually statutes, which are common law decisions that have been written down. -​ Statutes overrides common law, except when no statues exists - then common law prevails -​ In Canada, statutes and common law work together - when a judge interprets a statute for a case, then his or her decision sets a precedent that all similar cases must follow. Written laws enacted by legislative bodies (e.g., Firearms Act). Royal Commissions Government-appointed inquiries investigating major societal issues and recommending reforms. Legal Scholarship Academic study and critique of laws, legal systems, and their development. Political Demonstrations Public gatherings or protests aimed at advocating for political or social change. Questions 1.​ What is the rule of law? What standards does it set for society? Government? Why is it so Important? Rule of law - That law is needed That it is enforced by those in a legal position to do so and That everyone is equal under the law No one is above the law Standards set by society - Enforced by those in a legal position to do so Everyone is equal under the law, no one is above the law Government - If a government official doesnr like a certain behaviour they dont have the authority/right to punish that behaviour unless it breaks the law. Importance - Provides stability&safety in our lives, so we know our government will obey its own laws We know how to behave and law breakers are helf acountable If its ignored we descend into chaos and anarchy 2.​ Name and explain the factors which affect legal change? What influences these changes? Factors that affect legal change -​ Demographic shifts -​ As populations shift the law shift to accommodate -​ For example as the canadian population shifted from rural to urban new laws such as bylaws were created to handle the change in populations -​ A current example involves the Baby boomers as they age they will require more social services such as health this may cause the canada health act to either increase the type of medical services paid for by OHIP or it may cause delisting of services because they cost to much -​ Technological changes -​ As technology shifts so must laws -​ A historic example would be the change from horse buggy to cars. We had to create traffic laws to accommodate that -​ A more current example would be privacy laws created to combat social media concerns. -​ Changes in values -​ As the population change in canada our social values shift, we change what we emphasize as being important or even legal -​ For example contraceptives were once illegal to purchase or sell, now it's considered nearly illegal to not use them -​ Smoking -​ Drinking and driving -​ How else have our values shifted -​ National emergencies -​ Laws can shift to accommodate an urgent need in the society -​ The 9/11 incident in the USA prompted canada to pass the anti terrorism act which allowed police to arrest people suspected of terrorist activity without charging them first -​ Allowed police to force people to testify in secret investigations. -​ Individual and collective actions -​ Sometimes one person really can change the way things are done -​ Take nelson mandela who challenged apartheid in south africa but was imprisoned for decades he eventually became president and had it abolished -​ What about the occupy movement? The idle no more movement? BLM? -​ What other collective actions can change laws or policies? Influence these changes -​ For legal change to happen orderly, and to reflect the will of a country’s citizens there are conditions put in place. 3.​ What are the 4 ways in which changes are brought about by collective change? Lobby groups, political demonstrations, protests, social movements and royal commisions 4.​ What are the sources of Canadian law? How do they work together? Separately? -​ Constitutional -​ Statute -​ Common Natural Law -​ Based on a higher, divine power -​ Believed that an ideal set of rules governing conduct originated from the divine power -​ Law and morality are interconnected (vs Positive Law, where they are separate) -​ Tend to consider the specific circumstances of an event -​ Aristotle was the founder of Natural Law Natural Law Historians -​ Aristotle (384-322 BCE) -​ Socrates (470- 399 BCE) -​ Plato (428-348 BCE) -​ Thomas Aquinas (1225-1274 CE) -​ John Locke (1632-1704) Positive law -​ Believed that laws should originate from political authority -​ May be described as a human-made law -​ Purpose is to maintain social order -​ Law and morality are two separate and distinct ideas (vs Natural Law, where they are interconnected) -​ Tends to focus on written laws as opposed to specific circumstances Positive Law Historians -​ Jeremy Bentham (1748-1832 CE) -​ John Locke (1632-1704) -​ Thomas Hobbes (1588-1679) -​ Karl Marx (1818-1883) 5.​ Name and explain the modern theories of law? What do they tell you about the changing values of society? ​ Feminist Jurisprudence: -​ Believed that law is an instrument used by men to oppress women -​ Question the objectivity of law in society (equality and fairness) Legal Realism: -​ Believe that laws come from the practice of law (judges interpretations) rather than from philosophy or theory -​ Law is an entirely human creation, and is subject to human faults such as subjectivity 6.​ Explain some of the historical and contemporary methods and systems used for adjudicating legal questions. Historical Methods and Systems 1.​ Trial by Ordeal ○​ A method used in ancient and medieval societies to determine guilt or innocence. It involved subjecting the accused to painful or dangerous tests (e.g., carrying hot iron or submersion in water). Survival or healing was seen as divine intervention, proving innocence. 2.​ Trial by Combat ○​ A medieval practice where disputing parties fought, and the outcome determined guilt or innocence. It was based on the belief that divine forces would favor the rightful party. 3.​ Customary Law Systems ○​ Informal systems rooted in community traditions and unwritten rules. Elders or leaders often resolved disputes based on societal norms rather than codified laws. Examples include Indigenous legal traditions in North America and African customary law. 4.​ Roman Law ○​ Developed during the Roman Empire, this codified system of laws emphasized written statutes, principles of justice, and legal professionals. It greatly influenced European legal traditions and modern civil law systems. 5.​ Feudal Courts ○​ In medieval Europe, feudal lords resolved disputes within their domains. These courts were often biased and lacked uniformity, as decisions depended on the lord's interpretation. 6.​ Canon Law ○​ Religious courts governed by church laws, primarily in Christian contexts, addressing spiritual and moral disputes. Contemporary Methods and Systems 1.​ Adversarial System ○​ Common in countries like Canada, the United States, and the United Kingdom. ○​ Features two opposing parties (prosecution and defense) presenting evidence and arguments before an impartial judge or jury, who determine the outcome. 2.​ Inquisitorial System ○​ Used in many European countries (e.g., France, Germany). ○​ Judges actively investigate the facts, question witnesses, and play a central role in uncovering the truth rather than relying solely on the parties. 3.​ Alternative Dispute Resolution (ADR) ○​ Includes mediation, arbitration, and conciliation.  ○​ These methods provide non-courtroom approaches to resolving disputes, often saving time and money. ADR is used in civil disputes, labor issues, and international conflicts. 4.​ Common Law System ○​ Originating in England, it relies on judicial precedents (case law) to resolve legal questions. Judges interpret past rulings to decide new cases, ensuring consistency and fairness. 5.​ Civil Law System ○​ Found in countries like France, Germany, and Japan. ○​ Relies on codified statutes and laws, with less emphasis on judicial precedent. Judges apply the law directly to cases without creating new precedents. 6.​ Customary Law Systems (Contemporary) ○​ Many Indigenous communities and traditional societies still use customary laws alongside national legal systems. These systems emphasize reconciliation and community harmony. 7.​ International Courts ○​ Examples include the International Criminal Court (ICC) and the International Court of Justice (ICJ). ○​ These courts address cross-border issues, human rights violations, and disputes between nations. 8.​ Technology in Adjudication ○​ Modern courts increasingly use digital tools like virtual hearings, AI-assisted legal research, and online dispute resolution platforms. These innovations enhance efficiency and accessibility. Unit #2 Rights and Freedoms ​ Rights ○​ The legal, moral, and social claims that people are entitled to, primarily from their government  ○​ Subject to limitations i.​ E.g. Right to speech but not hate speechless speech or hate or violence against women in igttt ○​ Examples: In Canada, a person accused of a crime has the right to a fair trial ​ Freedom ○​ Right to live your life without interference from the government ○​ Examples: You have the freedom to seek employment anywhere in Canada ○​ Limitations to freedoms - they are all in the interest of public safety and the rights/freedoms of others ​ Human Rights ○​ The right to fair and equitable treatment is referred to as human rights ○​ Human rights are the benefits and freedoms to which all people are entitled, not because they are citizens of a particular country, but because they are human beings ○​ Deals with access to such basic human needs like food and shelter, mutual respect ​ History of Human Rights ○​ 1215 - the Magna Carta i.​ Equitable treatment before the law ○​ 1689 - the British Bills of Rights i.​ Freedom from cruel and unusual punishment ii.​ This applies to people in England ​ This led to the American Revolution due to high taxation ​ “No taxation without representation” ○​ 1776 - Declaration of Independence i.​ All men are created equal ii.​ First Human Rights documentation in North American ○​ 1789 - Declaration of Rights of Man i.​ Liberty, property, security, and resistance to oppression ○​ 1833 - Emancipation Act i.​ Abolished slavery throughout the British Empire but continued to profit from it via the American Slave trade ○​ World War II i.​ 60 million killed (more than half the civilians) ii.​ The Holocaust, the battle of Stalingrad, and the atomic bombings of Hiroshima and Nagasaki started people thinking, for the first time, about the concept of “crimes against humanity” ○​ The world began to reflect upon how such terrible atrocities could be prevented from ever happening again, and in 1948, the UN General Assembly proclaimed the Universal Declaration of Human Rights  ​ Questions for the Unit ○​ What rights should people have? ○​ Should some rights be absolute (unrestricted)? ○​ What is the Canadian Charter of Rights and Freedoms? ○​ How does the Canadian Charter stack up to international human rights agreements? ○​ What contemporary international issues require Human Rights Attention? Canadian Constitutional Law (Homework) *Questions* The Importance of the Constitution ​ Basic framework for a nation’s form of government and its legal system ​ Nation’s rulebook with rules that political players must observe to adopt, amend and revoke a law ​ Canada - constitution describes the structure of the federal and provincial governments and allocates powers to each level of government ○​ Sets out procedures for making laws and defines who will be involved in making them ○​ Founded upon ideas of freedom, equality, and democracy ​ Maybe written or unwritten ○​ US - written constitution that sets out the various branches of government and the powers of each ○​ Britain - unwritten constitution where government principles are laid out in a series of customs and conventions, court decisions and statutes ○​ Canada - both Sources of Canada’s Constitution ​ Three main sources of Canada’s constitution 1.​ Written Constitution ​ Constitution Act, 1867 ​ Sets out the basic structure of Canada’s system of government, which divides power between federal and provincial governments 2.​ Unwritten Constitution or Conventions ​ By which our system of government operates 3.​ Constitutional law from court rulings ​ Written constitution ​ Rulings become precedents, guides to be used in settling subsequent constitutional cases ​ The British North America Act ○​ Canada became a country in 1867 ​ Provinces of Canada (Ontario and Quebec), New Brunswick and Nova Scotia were united under BNA ​ British North America Act is a British legislation as Canada was still part of the British colonies  ○​ BNA was drawn up by the Canadian Fathers of Confederation to act as a written constitution for the new dominion that the Act created ​ The British parliament passed changes to the BNA until the act was patriated (brought home to Canada) in 1982 ○​ Renamed to the Constitution Act, 1867 ​ The 1982 amendments and additions included the Canadian Charter of Rights and Freedoms and amending ○​ To meet the requirements of its varied population and regions, the Fathers of Confederation adopted a federal structure of government in which power would be divided between central (federal) and regional (provincial) governments ​ Allow the central government to look after issues of national concern ​ Defense and economic development ​ The provinces would handle issues that might cause conflict between competing interests ​ Canada’s Unwritten Constitution ○​ The Confederation Act, of 1867 made no mention of a prime minister even though Canada had a prime minister since the confederation ​ The act did say that Canada would be federally united with a constitution similar in principle to that of the United Kingdom ​ Cabinet system, party system, and parliamentary democracy ○​ Conventions are unwritten rules of political conduct ○​ Overtime conventions become binding on political representatives and develop into important principles by which the government operates ​ Court Decisions ○​ Courts are called upon to resolve a dispute over the meaning or intent of certain sections, phrases and even individual words in the constitution ○​ Court decisions must be obeyed which create precedents that become part of the legal system The Evolution of Canada’s Constitutional Act ​ Any amendments had to be passed through British Parliament - two consequences 1.​ Canada remained subject to British law and bound by the foreign policy of Britain ​ Canada was automatically at war with Germany after Britain declared war on August 4, 1914 2.​ The final court of appeal was not the Supreme Court of Canada by the Judicial Committee of the Privy Council ​ Canada’s wartime prime minister, Sir Robert Borden forcefully argued that Canada’s contribution to the war effort and the sacrifices should earn the nation an independent seat at the negotiating table of the peace treaty ○​ The Treaty of Versailles was the first legislation that Canada signed on its own in June 1919 ​ Statute of Westminster, 1931  ○​ In 1926, a report by a committee at the Imperial Conference declared that Canada and other dominions would no longer be subservient to Britain ​ The statute of Westminster passed in 1931 was an extension to the 1926 report ○​ Britain could no longer legislate for a dominion unless it was specifically asked to ○​ Canada was no longer subject to British laws and could pass laws that contradicted those of Britain ​ Independent of Britain's foreign policy ​ Canada declared war on Germany a full week after Britain ​ Patriation of the Constitution ○​ The constitution remained a British statute despite being independent ​ No agreements could be made on patriating the constitution with a Canadian amending formula ○​ Amending formula - change parts of a constitution when its member constituencies (Canadian provinces) agree to do so ​ A minimum portion of members must agree before a change can be made ○​ Victoria Charter - a written guarantee of rights that was initially accepted by the provinces and the federal government ​ Quebec withdrew its agreement after facing harsh criticism ○​ Pierre Trudeau fought against the Parti Quebecois referendum on sovereignty-association and won ​ Sovereignty-Association - put forth by the Parti Quebecois government whereby Quebec would become a sovereign jurisdiction in all areas of law-making but would maintain economic association with the rest of Canada ○​ The federal government and nine of the 10 provinces agreed to the patriation of the constitution with an entrenched charter of rights and freedoms ​ Entrenchment - protecting a portion of a constitution by ensuring that it can be changed only through constitutional amendment ​ The Meech Lake Accord ○​ Prime Minister Mulroney got all 10 provincial premiers to agree to a constitutional package based on some proposals ​ Recognize Quebec as a distinct society ​ Give the provinces more power relative to the federal government ​ E.g. Right to supply nominees for the Senate, and the Supreme Court ○​ Faced lots of criticism ○​ Quebec as a distinct society was unnecessary and dangerous ○​ Indigenous Peoples were upset at the lack of consultation about the changes ○​ Ratified despite the agreement of all premiers to pass the accord ​ The Charlottetown Accord ○​ Dealt with a number of constitutional issues including the division of powers in such areas as forestry, mining and cultural affairs  ○​ Enhanced provincial power ○​ Indigenous concerns were addressed ​ Self-governing ○​ Senate was changed from an appointed body to an elected body ○​ Defeated in six provinces and one territory ​ The 1995 Quebec Referendum ○​ Failure to reach a deal that would allow Quebec to sign the constitution led to another referendum ○​ 1995 referendum vote would have resulted in an immediate declaration of sovereignty ○​ The no won by a thin majority (50.56%) ○​ Beginning of the 21st century, Canada remained intact but Quebc still had no not signed the constitution Who Can Make Laws About Guns? ​ Gun control - registration and control of distribution of firearms ​ Supports the state that registering guns reduces the number of weapons used in crimes and keeps Canadians safe ​ In 1995, Canada passed an amendment to the Criminal Code known as Firearms Act ○​ Referred to as the gun control law as it required gun owners to obtain licences and register their gun ​ The Province of Alberta challenged the parliament’s power to pass a gun control law ​ Supreme Court has to determine what the Firearms Act was really about ○​ Then, it could determine under which heads or heads of power the law would fall ​ Arguments of the Government of Alberta ○​ The legislation impinged on the province's power over property and civil rights ○​ Criminals would not register their guns and would not advance the fight against crime ​ The Firearms Act would simply create more bureaucratic red tape for legitimate owners ​ The Federal Government’s Argument ○​ The purpose ​ to provide for the issuance of licenses, registration certificates and authorizations under which a person may possess firearms ​ Authorize the manufacture and transfer of ordinary firearms ○​ Preservation of the safe, civilized and peaceful nature of Canada Questions ​ Read pg. 103-105 (Answer Questions 1,3 on pg. 105) 1.​ From what you learned in Unit 1, what characteristics do you think need to exist in society to ensure that the rights and values expressed in the Constitution are safeguarded? ​ Rule of law ​ Accountability  ​ Fair Justice System Access ​ Democratic 2.​ What are the three main sources of Canada’s constitution? ​ Written ​ Unwritten ​ Constitution 3.​ What led the Fathers of Confederation to choose a federal system of government? ​ To meet the requirements of its varied population and regions, the Fathers of Confederation adopted a federal structure of government in which power would be divided between central (federal) and regional (provincial) governments. The act did say that Canada would be federally united with a constitution similar in principle to that of the United Kingdom. ​ Read pg. 119-123 (Answer Questions 1-4 on pg. 123) 1.​ Explain the significance of the Statue of Westminster. ​ Passed in 1931, it granted Canada legislative independence from Britain. Canada could create its own laws, and British laws no longer automatically applied, marking a critical step toward full sovereignty. 2.​ Why did it take so long for Canada’s constitution to be patriated? ​ The process was delayed by the difficulty in reaching a consensus on an amending formula that would satisfy all provinces. There were significant political and regional differences, particularly involving Quebec, which complicated negotiations. 3.​ What was the Meech Lake Accord, and why did it fail? ​ The Meech Lake Accord was a constitutional amendment proposal in 1987 that sought to gain Quebec’s support by recognizing it as a "distinct society" and enhancing provincial powers. It failed due to concerns over the "distinct society" clause and a lack of consultation with Indigenous Peoples, leading to opposition in several provinces. 4.​ Outline the major difference in the results of Quebec’s 1980 and 1995 referendum. ​ The 1980 referendum was on Quebec’s sovereignty association, which was rejected by a large margin. In the 1995 referendum, the proposal for Quebec’s independence was narrowly defeated (50.56% voted "No"), showing much greater support for separation than in 1980. ​ Read pg. 125-126 (Questions 1-5 o pg. 126) 1.​ Outline the basic facts of this case. ​ Canada’s Firearms Act, passed in 1995, mandated gun licensing and registration. Alberta challenged the law, arguing it infringed on provincial powers. 2.​ What is the central issue on which this case would be decided?  ​ The key issue was whether the federal government had the constitutional authority to impose gun control under its power over criminal law or if this encroached on provincial jurisdiction over property and civil rights. 3.​ Summarize the arguments presented by the government of Alberta. ​ Alberta argued that the Act interfered with its authority over property and civil rights. They claimed it would not deter criminals, only creating administrative hurdles for law-abiding gun owners. 4.​ Summarize the purpose of the legislation as outlined by the federal government. ​ The federal government argued that the Act aimed to regulate firearms for safety, supporting a peaceful, secure society. They saw licensing and registration as essential to public safety. 5.​ Decide whether the appeal should be allowed or dismissed. Explain the legal reasoning behind your decision. ​ In such cases, courts generally decide based on whether the federal government’s claim to regulate public safety under criminal law is justified over provincial jurisdiction. The Charter at 35 What are the benefits and drawbacks of The Charter of Rights and Freedoms? Benefits Drawbacks ​ Prevent members of parliaments from ​ A lot of rights are focused on the changing the law criminal justice process ​ Heal division between Quebec and ​ Indigenous people are treated the Canada (unifying effect) same way as everyone else in the ​ Rights are protected better than before the Charter existed Charter, but it does not help them in ​ Equal access to justice any way, it has not affected them in ○​ Courts stand with marginalized any way communities ○​ Not included in the charter ​ Because of the charter, if laws are ○​ Many groups have been less changed, there is nationwide change, benefited since the Charter which is important in some instances ​ Time and cost due to implementation (but it goes both ways) ​ Some rights such as rights to ○​ The benefits of the charter are disclosure come from the charter linked to who had access to ​ Acted as a trendsetter for other justice Countries(Africa, Israel, good ​ Legislators wash their hands off reputation) issues saying that the courts control that (abortion, same-sex marriage) (not let lawmakers off the hook because of the charter) ○​ Legislation is tweaked before entering the process due to Charter conformant  ​ There is a lack of diversity in the judiciary and that impacts interpretations of reasonable behaviour (there needs to be more of a diverse judgeship, and the court process needs to be open to interventions) ​ The Charter reflects the dominant ideology ​ Access to justice issue is skewed ​ What are the biggest challenges The Charter has faced since its creation? Facing today? ○​ Too much power to the judiciary ○​ Section 33 of the Notwithstanding Clause ​ Minority groups in Quebec ○​ Indigenous Rights ○​ Freedom of Expression vs Hate Speech ○​ Privacy and Surveillance in the Digital Age ​ What do you believe is the overall opinion of the members of the panel? ○​ I agree with most of what they are saying. While overall the charter benefited Canadians, some drawbacks need to be addressed. ​ Recommendations ○​ A diverse judiciary ​ Race, socio-economic status, privilige, etc ​ More perspectives ​ E.g. Indigenous Judges ○​ More resources to a wider public to challenge the laws ​ Court Challenge Program ​ Legal Aid (Provincial) ○​ Attentive to laws that are being proposed ○​ A government/politicians that take rights seriously Limitations of Rights ​ History ○​ The Charter was created as a portion of the Constitution Act of 1982 ○​ Replaced the pre-existing British North America Act (BNA Act) ○​ Finally, it gave Canada complete control of its own affairs and gave it the ability to create its own laws and legal system ○​ Although the Charter's rights and freedoms are fundamental, they are not absolute or unlimited ​ Section 1 - Reasonable Limits Clause ○​ Not all rights are absolute ○​ Although all rights are guaranteed, they are still subject to reasonable limits  ○​ This means the government has the right to limit your Charter Rights in specific circumstances ○​ R vs. Oakes ​ Charged with trafficking as they found the substance in smaller quantities ​ Oakes went to the Supreme Court to challenge that they did not catch him trafficking ​ “Charged me with possession but not trafficking” ​ Guilty till proven innocent ​ Oakes test (precedent) - if you are gonna limit someone’s charter rights, it better be with a good reason ​ Is the limitation of the right in the best interest of society ​ Limitation of rights must be limited as little as possible ​ Section 33 - The Notwithstanding Clause ○​ Usually, only the Supreme Court can change or make new rules in the Charter ○​ Gives federal and provincial governments limited power to pass laws that are part of Section 2, 7-15 ○​ Used only twice ​ Quebec to put all signs in French with the exceptions of trademark companies ​ Doug Ford limits the size of the city council ○​ Quebec Religion Bill Charter of Rights and Freedoms Questions ​ Section 33 ○​ notwithstanding clause ○​ gives the power to the parliament and legislature of a province to able to pass laws that contradict the charter or override a Supreme Court decision ​ Section 1 ○​ The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society ○​ outlines the boundaries of the rest of the Charter ○​ rights are not absolute, but rather limited in order to balance everyone’s rights and the greater public interest ​ 4 Fundamental Freedoms ○​ Freedom of conscience and religion ○​ Freedom of expression ○​ Freedom of peaceful assembly ○​ Freedom of association ​ Section 8-11  ○​ Highlight the legal rights for the treatment of individuals within the justice system ○​ Protection of individuals from abuse of power, emphasizes the importance of procedural due process and holds law enforcement and the justice system accountable for any actions ​ Section 15 ○​ Equality and equal protection under the law ○​ No individual can be discriminated against by factors such as race, national or ethnic origin, colour, religion, sex, age or mental or physical disability ○​ Subsection 2 was necessary to protect groups that help those who have been discriminated against in the past or present ​ These groups only benefit specific disadvantaged groups, they sometimes are viewed as discriminatory ​ Multiculturalism ○​ Section 15 - protecting people from discrimination based on race, ethnicity, or religion to support diversity ○​ Section 27 - specifically talks about multiculturalism, stating that the Charter will be used in a way to preserve and enhance Canada’s multicultural heritage Canadian and International Human Rights ​ What are Human Rights? ○​ Attempts to ensure equal treatment and for all people to be free from discrimination and harassment ○​ Equal access to services, places, and opportunities ​ Current Challenges: Amnesty International ○​ Arms ○​ Business ○​ Children’s Rights ○​ Disability ○​ Environment ○​ Free Speech ○​ Health ○​ LGBT ○​ Migrants/Refugees ○​ Torture ○​ Women’s Rights ​ What do Human Rights Do? ○​ The Human Rights Code protect people from discrimination based on ​ Race ​ Gender ​ Ethnic Origin  ​ Colour ​ Religion ​ Age ​ Sexual Orientation ​ Mental or Physical Ability ​ Family ​ Marital Status ​ Pregnancy ​ Record Offenses ​ Sex ​ How does Discrimination Occur? ○​ Stereotyping: saving and oversimplified, standardized, or fixed judgment or characterization of a group of people ○​ Prejudice: a preconceived notion or opinion based on a stereotype or inadequate information ​ Canadian Human Rights ○​ Every province has their own human rights code and tribunal ​ E.g. Ontario Human Rights Commission ​ Universal Human Rights ○​ Following WWII and the holocaust, the UN General Assembly created the Universal Declaration of Human Rights ○​ First International agreement on protection of human rights ○​ Focused on: legal, equality, economic, social and cultural rights ○​ Member states were required to meet the standard set in the declaration ​ Universal Declaration of Human Rights ○​ By signing “a country commits itself to protecting the rights of its citizens and to respecting the rights of all human beings” ○​ Issue: Although countries signed on, there was nothing forcing them to follow ​ No punishments for breaking rules ​ How are these Laws Protected? ○​ People who feel as though their Human Rights have been violated may file a complaint with a commission ​ E.g. Ontario Human Rights Commission (OHRC) Human Rights Violation ​ Social Areas ○​ There are five social areas covered by the code ​ Services, goods and facilities ​ Housing  ​ Contract ​ Employment ​ Membership in vocational associations and trade unions ​ The Ontario Human Rights Code (OHRC) ○​ Provincial law created in 1962 that gives rights and opportunities without discrimination in specific areas such as jobs, housing and services ○​ The Ontario Human Rights Commission administers and enforces the code ​ Goals of Code ○​ Eliminate Discrimination ○​ Advancing Human Rights issues ○​ Educate ”Call it out!” ○​ Participation in communities ○​ Enforcement ○​ Reviewing laws to ensure they comply with the code ​ Accessibility for Ontarians with Disabilities Act, 2005 ○​ Ontario is the first province and one of the first jurisdictions in the world to enact specific legislation establishing a goal and time frame for accessibility ○​ It is also the first jurisdiction to legislate accessibility reporting and to establish standards so people with disabilities can participate more actively in their communities ○​ The AODA is made up of five standards, as well as some general requirements and they include the: ​ The Customer Service Standard ​ Information and Communication Standard ​ Employment Standard ​ Transportation Standard ​ Design of Public Spaces Standard ○​ Goal ​ The goal of the Accessibility for Ontarians with Disabilities Act (AODA) is to develop a fully accessible Ontario by the year 2025 ​ Questions ○​ How might this be seen as a turning point in Human Rights Law? ○​ Do you think a program like this is effective? ○​ Are there other barriers that need to be addressed? Human Rights Violation Complaint Process 1.​ Making the Complaint ​ The person making the complaint will complete a form listing all facts relevant to the complaint, sign it and return it to the Commission; 2.​ Review by Human Rights Commission ​ Commission staff will review the complaint to make sure it meets Commission standards; The Commission will then register and serve the complaint by sending it to the person or representative of the organization that the complaint is about (the respondent); The respondent must provide a response in writing within 21 days or else the respondent must give the requested compensation; “default judgement” ​ A ground of discrimination must be violated ​ Must be in one of the social areas 3.​ Mediation ​ The Commission is impartial and does not take sides in the complaint; Commission staff will work with both parties to try to settle the dispute if possible. If mediation leads to a settlement, both parties will be required to sign a written agreement and abide by the terms of the agreement If mediation is unsuccessful it will be referred for investigation where an officer will be assigned to investigate the complaint; 4.​ Investigation ​ An investigation officer conducts an impartial investigation including interviewing witnesses and gathering documentary evidence. The findings of the investigation are shared with both sides who are then invited to attend a conciliation meeting where the officer will try to get the parties to come to a settlement. 5.​ Conciliation ​ Conciliation is the process of discussing a settlement with parties after the investigation has been completed and the findings disclosed to the parties. Once the agreement is signed and approved by the Commission, the matter will be closed. If the complainant refuses to accept a reasonable offer during conciliation, the Commission may decide not to send the matter to the Human Rights Tribunal. 6.​ Case Analysis ​ If conciliation is not successful, the findings of the investigation are prepared in writing and disclosed to both sides; The findings contain an analysis of the evidence and a recommendation by staff to refer or not to refer the matter to the Human Rights Tribunal; 7.​ Commission Decision ​ The Commissioners make the decision to send or not to send the complaint to the Human Rights Tribunal. A copy of the Commissioners’ decision in writing is forwarded to both the complainant and respondent; 8.​ Reconsideration  ​ The complainant can ask the Commissioners to reconsider this decision by filing an application for reconsideration within 15 calendar days; The Commission’s decision at this point is final and there is no right to appeal by either party; 9.​ Extension Procedure ​ The Commission’s Extension Procedure stipulates that requests for extensions to these deadlines will be considered in cases of extreme personal hardship, or for reasons that require accommodation under the Code; 10.​The Human Rights Tribunal ​ The Human Rights Tribunal (the Tribunal) hears evidence and decides whether or not discrimination occurred and what needs to be done to remedy the situation and prevent further discrimination; The Tribunal is independent from the Commission. Remedies in a Human Rights Case ​ What is a Remedy ○​ A remedy is an attempt to fix a situation ○​ They are intended to put a complainant in the same position as they would have been in if the discrimination did not occur ○​ “The Tribunal’s powers to grant remedies serves two main purposes - to provide financial compensation to the individual applicant and to prevent future acts of discrimination” - OHRC ​ Financial Compensation ○​ General Damages: Pain and suffering, damage to reputation and/or dignity ○​ Special Damages: Compensation for money you were forced to spend as a result of discrimination (Medical Treatment, Loss of income, Loss of Rental Deposit) ​ Non-Financial Compensation ○​ Remedies to make it seem as though discrimination did not occur ○​ For example ​ If a landlord refuses to rent to you for a discriminatory reason, the Tribunal can order the landlord to allow you to rent the next available apartment in his or her building ​ If you an employed, the employer can be forced to give you back your job, give you a promotion write you a good reference letter, remove the harassment from their position or your department ​ Public Interest Remedies ○​ Remedies to make sure that the Discrimination does not happen again ○​ Examples: ​ Change hiring practices ​ Develop non-discriminatory policies and procedures  ​ Develop internal human rights complaint procedures ​ Implement proactive measures (such as a recruitment policy aimed at eliminating barriers for racial minorities) ​ Implement education and training programs (such as having all staff receive training on ng on a human rights policy) ​ Post the human rights code in the workplace ​ Require a property management company to send a memo to all superintendents/agents ​ Donate to a charity Call it Out ​ 40% of Ontarians who were discriminated against were due to race or colour ​ History of Racism in Canada ○​ 1628-1800s: Slavery ○​ 1886-1996: Residential Schools ○​ 1881-1947: Head Tax/Exclusion ○​ 1914: Komagata Maru ○​ 1939: Turned Away ○​ 1941-1949: Internment ○​ Until 1967: Post-WWII Immigrants ​ Historical racial discrimination leads to modern disadvantages ○​ Culturally ○​ Socially ○​ Economically ○​ Politically ​ Ontario Human Rights Code helps fight discrimination ​ Ontario’s Racial Discrimination Act of 1944 ○​ Prohibiting publishing, displaying or broadcasting any indicators of discrimination ​ Fair Employment Practices Act, 1951 and Fair Accommodation Practices Act, 1954 ○​ Model the Ontario Human Rights Code ​ Ontario Human Rights Commission, 1961 and Ontario Human Rights Code, 1962 ○​ Most comprehensive human rights protections in Canada ○​ Influenced by the Universal Declaration of Human Rights ​ Race Related Grounds ○​ Creed ○​ Citizenship ○​ Place of Origin ○​ Colour ○​ Ethnic Origin ○​ Ancestry ​ Discrimination can be affected by Code grounds that intersect with race ○​ Sex ○​ Age ○​ Disability  ○​ Sexual Orientation ​ Race = Racialization = Racism = Racial Discrimination ​ Race is a social construct ○​ Classified people into groups ○​ Based on physical differences which society chooses to emphasize ​ Racialization connects traits and attributes to people based on perceptions about their race ○​ Features include anything that is not closely related to European culture (dominant group) ​ Accents ​ Hair Textures ​ Manner of Speech ​ Name ​ Clothing ​ Diet ​ Beliefs ​ Stereotyping - making assumptions about people based on perceived traits ​ Racial Discrimination is a legally prohibited act ○​ Any distinction, conduct or action, whether intentional or not is based on a person’s race ○​ Acts on racist beliefs and attitudes in areas covered by the code ​ 3 Types of racism ○​ Racial Harassment ○​ Systemic Discrimination ○​ Stereotyping History of Human Rights in Canada ​ Brainstorm ○​ Women are given the right to vote1918 ○​ Japanese Internment ○​ Residential Schools ○​ Chinese Head Tax ○​ Sterilization act ○​ LGBT ○​ Violence / Missing and Murdered Indigenous Women ○​ Bill of Rights (1960) ○​ Charter of Rights and Freedoms (1982) ​ Human Rights Abuses in History: The Chinese ○​ Chinese immigrants had a difficult time post-confederation Canada ○​ Encouraged to come to build the railroad ​ Once finished, the government started a Head Tax to limit the number of Chinese men coming into Canada ○​ July 1, 1923 - The government passed the Chinese Immigration Act  ​ Prohibited any Chinese person from entering Canada other than merchants or students ​ Separated families ​ Chinese were banned from voting in BC and Saskatchewan ​ Whites of BC regularly mistreated the Chinese and the authorities turned a blind eye ○​ Often accused of wrecking the economy and promoting drug use ○​ Treatment of Chinese improved during WW2 as China was an ally of Canada ○​ 1947 - The Chinese Immigration Act was changed to allow sponsoring family members and were also given the right to vote ​ Human Rights Abuses in History: The Japanese ○​ Japanese immigrants arrived in the 1870s in BC ○​ Suffered racism from white supremacists in BC ○​ Fishermen or farmers ○​ Prevented from attending university ○​ 1930s - The Japanese were reviled even more when news of Japanese troop's behavior in China reached the rest of the world ​ Invasion of China in 1937 ○​ 1941 - Japan’s attack on Hong Kong and Canadian troops during WW2 made Canadians suspect Japanese Canadians to be spies ​ Taken to internment camps for the duration of the war ​ Sent to Japan after the war ​ Human Rights Abuses in History: The Jews ○​ A small amount of Jews started to immigrate to Canada in the 1700s ○​ 1920s - the racist immigration policies severely limited the flow of Jews from Europe ○​ 1930s - 5000 Jews were admitted despite thousands applying for refugee status to flee from the Nazis ○​ The phrase “One is too many” came from this period ○​ After WW2, sympathy for Jews rose when news of the concentration camps was out ​ Immigration increased dramatically ​ Barriers still existed ​ Neighborhood pacts to not sell to Jews ​ Hard to apply to a university ○​ 1960s & 1970s - The Jewish population began to advocate for themselves ​ Human Rights Abuses in History: The Aboriginals ○​ 1876, Indian Act, Reserves, Residential Schools, 60’s Scoop ○​ Broken treaties, run-down reserves, lousy schools, no access to safe water, residential schools poor economic and housing conditions ○​ Aboriginals are overrepresented in prison populations  ○​ Indian Act which controls every aspect of their lives ​ You cannot own your house on a reserve ​ The Band Office chooses who lives where and chooses which repairs to make ​ If you leave the reserve, you lose many of the benefits. But if you stay, you live in substandard housing, have a limited education and have few economic opportunities ​ Human Rights Abuses in History: The Women ○​ Unable to vote till 1918 ○​ Not considered persons under the law until 1928 ○​ Not able to have control over property including bank accounts ○​ Systemic sexism in all areas of life ​ Pay structure ​ Promotions ​ Criminal justice system ​ Child Rearing ○​ No real gender equality Short Answer ​ Using what we have used in this unit and tutorial reading has the Declaration of Human Rights led to a better life? ○​ The Declaration of Human rights is the first international legislation that has been enacted to protect human rights. It highlighted many of the human rights that people are entitled to. The Universal Declaration of Human RIghts required countries that want to be part of Unit #3 ​ What is International Law? ○​ State - term used to describe a country or nation considered to be an organized community ​ Have borders, laws, government, etc ○​ Nation - No state/borders but a group of people with similar ideology ​ Quebec is not considered to be part of Canada but has its own values, ideologies, etc ​ Indigenous Peoples ○​ These places usually have one legitimate form of government which guides them ○​ What is a state? ​ Permanent population  ​ Control over territory ​ Government ​ Foreign policy power ○​ International Law governs the relationships between states ​ How do States Work? ○​ Most democratic states run a system of rule of law ○​ This means that they govern based on the needs of society while also respecting the rights of individuals ○​ If one person breaks the law, they will be punished ○​ If the government does not follow this policy people turn to International Law, which offers an outside remedy to help the problem ​ Create the rules of the system: To be a political entity ○​ Trade ○​ Aid ○​ Invest ○​ Join International Organizations ○​ Host Corporations ○​ Exchange Diplomats ○​ Sign Treaties ○​ Go to War ​ Country ○​ A tract of land inhabited by people of one or several nations ○​ Emphasizes the physical dimensions and boundaries of a geographical area ○​ Unlike a nation which looks at the people and cultures within the country ​ Territory ○​ Area of jurisdiction or geographic boundaries ○​ Could have administrative regions which are divided up within the country itself ​ Domestic Law vs. International Law ○​ Domestic laws are country-specific and only apply to one when they are within that country’s borders ○​ International Law governs the way countries interact with each other ○​ Canada’s relationships with other countries are often governed by memberships in bilateral/multilateral agreements ○​ Examples ​ United Nations  ​ NATO ​ Major Issues in International Law ○​ Human rights ○​ Military/Peacekeeping ○​ Trade and Development ○​ Law of the Sea ○​ Environmental ○​ Transportation ○​ Telecommunications ​ Who is Governed? ○​ Countries have the power to control their own affairs ○​ Although membership in the international community could limit this power and sovereignty ○​ International law has the power to force countries to uphold specific values ○​ Example: Canada's membership in the Paris Climate Accord forced them to implement a Carbon Tax and meet specific GHG emission goals ​ Diplomatic Recognition ○​ Diplomacy: Conducting relations between states ​ Congress of Vienna (1815): Regularized diplomacy by creating embassies and ambassadors ​ The goal is to work together to resolve issues ​ Otto von Bismarck - oversaw the unification of Germany United Nations ​ Origins and League of Nations ○​ The United Nations(UN) was formed following WW2 ○​ Was similar to precious League of Nations, the whole goal was to: ​ Improve international organizations to preserve peace and prevent another war from occurring ​ Created an outline for international diplomacy ​ States maintain international diplomatic representation and follow a scale for escalating responses to conflict ​ Why did it fail? ○​ Unfortunately, the League of Nations failed, as WW2 occurred. Why? ​ No collective military force  ​ Lacked political will to enforce sanctions ​ Could not achieve unanimity to make serious decisions ​ Lacked the support of the USA ​ United Nations ​ Following WW2, Countries came together to talk about peace ​ Canada was represented by Lester B Pearson (Ambassador to the United States) (1st UN Ambassador) ​ On October 24, 1945, The Charter of the United Nations was ratified, and Canada was a founding member. ​ The goal of UN *mc questions on the test* ○​ The main objective is “to save succeeding generations from the scourge of war” and “to reaffirm faith in fundamental human rights” ○​ Because it is considered a Treaty, it is a legally binding document. ○​ Aims ​ Keep world peace ​ Develop friendly relations among nations ​ Work to eliminate poverty, disease and illiteracy ​ Encourage respect for human rights and freedoms ​ Stop environmental destruction ​ What is it then? ○​ Association of governments and sovereign states, not a world government. ○​ It does NOT make laws ○​ BUT IT DOES provide a forum for international diplomacy and the development of laws ○​ Every member, regardless of status has equal votes and say ​ Organs ○​ The General Assembly ​ It is the main deliberative, policymaking and representative body of the United Nations ​ Made up of all member states of the United Nations ​ 193 countries ​ Equal vote for everyone ​ Responsibilities include: ​ make recommendations/take action to States on international issues ​ appointing Secretary-General ​ electing non-permanent members of the Security Council ​ making the UN budget  ○​ The Security Council ​ One primary responsibility: ​ maintain international peace and security by determining any act of aggression or threat ​ Settle disputes ​ peacefully by recommending alternatives or a settlement ​ Imposing sanctions or using force ​ Has 15 members ​ 5 permanent and 10 non-permenant ○​ The Secretariat ​ Administers and coordinates the activities of the United Nations ​ UN staff members carry out the day-to-day work of the UN ​ The head of the Secretariat is the Secretary-General ​ Work at duty stations all over the world on peacekeeping missions ○​ Economic and Social Council ​ Brings nations together to promote collective action for a sustainable world ​ review the 2030 Agenda for Sustainable Development and the Sustainable Development Goals ​ coordination, policy review, policy dialogue, and recommendations on economic, social and environmental issues ○​ Trusteeship Council ​ International supervision for 11 Trust Territories ​ ​ placed under the administration of seven member states ​ Prepare these countries to become self-governing and independent through political, economic, social and educational development ​ The council is made up of 5 permanent members ​ China, France, Russia Federation, the United Kingdom, and the United States ○​ International Court of Justice ​ The main judicial body of the United Nations ​ Settle any legal disputes that are raised by one of the states ​ give opinions on legal questions ​ Made up of 15 judges International Court of Justice ​ The US is not part of the ICJ ○​ The reason why George Bush was not arrested for invading Iraq ​ Background ○​ The International Court of Justice or World Court is the main judicial organ of the United Nations ○​ The ICJ sits at the Peace Palace in the Hague, Netherlands ​ Mandate ○​ It hears cases brought before it by UN member states ○​ The purpose of the ICJ is to ​ settle legal disputes submitted to it by states that have agreed to its jurisdiction ​ Provide advisory opinions on legal questions referred to it by international agencies ​ Composition ○​ The ICJ is composed of 15 judges, each elected to a 9-year term of office by the UN General Assembly and the Security Council ○​ The ICJ may not contain more than 1 judge of any given nationality ​ Jurisdiction ○​ The ICJ’s jurisdiction is based on the consent of parties to the dispute and its judgements are final and binding ○​ If one of the states in a dispute fails to comply with the decision of the ICJ, the other state may call on the Security Council to enforce the judgment ○​ The ICJ has dispensed advice on matters such as human rights issues, the legality of the threat or use of nuclear weapons and UN membership ○​ The country has the choice to agree to go to a trial ○​ ICJ does not deal with violence ​ Who Can Bring a Case? ○​ The jurisdiction of the ICJ is limited to cases between states ○​ The ICJ however can issue advisory opinions on matters that deal with individuals, NGOs and corporations ​ Video: What is the International Court of Justice? The Role and Activities of the ICJ ○​ The world’s highest international court ○​ All UN member states automatically recognize the existence of the ICJ ○​ ICJ succeeded the Permanent Court of International Justice ○​ Role ​ Decide disputes between states ​ Contentious cases  ​ Respond to legal questions submitted to it by the General Assembly, the Security Council and other UN organs ○​ Not a criminal court, hence does not try individuals ​ Only disputes between states ○​ 15 judges ​ Elected for 9 years by the General Assembly and Security Council ○​ Members of the country must all be from a different country ​ Independent judges do not represent their country ○​ Only UN organ that is not assisted by the UN secretariat ​ Assisted by a registrar ○​ Registrar performs judicial, diplomatic, and administrative functions ○​ The court can only hear a case if the states involved agreed International Criminal Court (ICC) ​ “The International Criminal Court (ICC) investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide. War crimes against humanity and the crime of aggression.” ​ History ○​ Covered by Rome Statute 1988 ​ Signed by 100 states ​ Must be part of the ICC to be prosecuted (both parties have to agree to go to trial) ○​ Ratified in 2002 with 60 states signatories ○​ Compliments national courts ○​ Key Features ​ Trails are fair ​ Victims are heard ​ Prosecution is independent ​ Defendants' rights are upheld ​ Victims and witnesses are protected ​ Jurisdiction ○​ Enforces only crimes committed on or after 2002 ○​ It must be committed by a state that has accepted the ICC as a legitimate body d ​ Or crimes which are recommended by the UN Security Council ○​ The International Criminal Code does not replace national courts, it only prosecutes cases when national courts are unwilling to or unable to do so fairly ​ Crime Sestrou ○​ Genocide: “is characterized by the specific intent to destroy in whole or in part a national, ethnic, racial or religious group by killing its members or by other means” ​ E.g. Israel v. Palestine ○​ Crimes Against Humanity: “These are serious violations committed as part of a large-scale attack against any civilian population” ​ E.g. Rwanda ○​ Rome Statute classifies CAH as any of: ​ Murder ​ Rape ​ Imprisonment ​ Enforced disappearances ​ Enslavement (particularly of women and children) ​ Sexual slavery ​ Torture ​ Apartheid ​ Deportation ○​ War Crimes: “These are grave breaches of the Geneva Conventions in the context of armed conflict and include, for instance, the use of child soldiers, the killing or torture of persons such as civilians or prisoners of war; intentionally directing attacks against hospitals, historical monuments, or buildings dedicated to religion education, art, science or charitable purposes” ​ E.g. ISIS ○​ Crimes of Aggression: “It is the use of armed force by a State against the sovereignty, integrity or independence of another state.” ​ Russia is using force to take away Ukraine’s sovereign decision to join E,g, NATO ○​ Crimes ​ Smuggling of migrants ​ Human Trafficking ​ Money laundering ​ Arms smuggling ​ Illegal wildlife trade ​ Illegal dumping of hazardous waste ​ What have they done? ○​ 31 cases before the court ○​ 34 arrest warrants ○​ 16 people detained  ○​ 8 Convictions ○​ 3 Aquittals ​ Trial Proceedings ○​ Preliminary Examinations - Does it fall under jurisdiction? Is the national court unable to prosecute crime effectively? ○​ Investigate - Identify a suspect. Can a state apprehend them? ○​ Pre-Trial Stage - 3 Judges ​ The prosecutor must prove beyond a reasonable doubt. Decide innocence or guilt. Victim reparations ○​ Appeal - Don’t like the verdict? Re-consideration. Death by different judges ○​ Sentencing - Sentence served in-country crimes committed in ​ Cooperation ○​ Does not have a police force ○​ Rely on member countries to help bring the accused into ICC control ○​ But not all countries are members, as some see it as biased and illegitimate (USA) ○​ Some of the biggest human rights violators have not signed the Rome Statute ​ Video: The ICC Process ○​ Investigations can be initiated in three different ways ​ State referral ​ States refer a conflict ​ UNSC referral ​ The United Nations Security Council can request to launch an investigation ​ Proprio Motu ​ Office of the Prosecutor may initiate investigations on its own on the basis of information recieved from reliable sources ○​ Before opening an investigation, the ICC need to look at the alleged crimes and see if the court has jurisdiction ​ War crimes ​ Crime against humanity ​ Genocide ​ Crimes of aggression ○​ See when, where and by whom the crimes were committed ​ ICC cannot investigate what happened before it was created (July 1, 2002) ○​ Crimes must have been committed in the territory of a state party to the Rome Statute or by a national of such state ​ If not, investigation can start in 2 ways  ​ A non-state party can accept the jurisdiction of the court ​ The United Nations Security Council can refer to a situation that threatens the peace and security of the entire world ○​ ICC must also see if national courts and tribunals are conducting serious investigations or are unwilling or incapable of doing so ​ ICC does not replace national courts ​ States bear the primary responsibility to investigate and prosecute crimes ○​ ICC should be reserved only for the most serious crimes ○​ Prosecutor decide if the ICC should investigate or not ○​ For investigations without the request of a state party of the UN Security Council, the authorization of the judges is still required ○​ The Pre-trial chamber sees if there are reasonable grounds to believe a person is responsible ​ Evaluate whether they can appear freely or should first be arrested ○​ ICC relies on states for cooperation and to arrest suspects ○​ 6 steps ​ First Appearance ​ Confirmation of Charges ​ Trial ​ Appeals ​ Serving the Sentence ​ Reparations ​ Assignment ○​ Kony 2012 ​ Jason Russell ○​ Son - Gavin ​ Jason Russell’s friend in Africa is Jacob ○​ Met in Uganda as Jacob was running for his life ○​ Jacob told Jason what children in Northern Uganda is living through ​ If they sleep during the night, they can be abducted by the rebels ​ “It is better to die” ​ The fight against the rebel group Liberian Resistance Army (LRA) ○​ Leader - Joseph Kony ○​ Kony takes children from parents, gives them guns and makes them shoot people ○​ Turning boys into child soldiers and girls into sex slaves ○​ Forces the children to kill their own parents ○​ Over 30,000 Children  ​ Jacob was one of them ○​ He is not fighting for any cause but to stay in power ​ The US will never go involved in a conflict where the country’s national security and financial interests aren’t at stake ​ Jacob and others came to the US to speak about the things happening in Uganda ​ They had to do it themselves by creating a global community of the Invisible Children Organization ○​ Donated to a program called TRI ​ Built schools ​ Created schools ​ Radio towers ​ Barack Obama put a small amount of forces (100) in Uganda/Central Africa to provide assistance to remove Kony from the battlefield ​ Use 20 Culture makers (influencers) ​ Use 12 policymakers Intergovernmental Disputes and Resolutions ​ What is an Intergovernmental Organization (IGO) ○​ Sovereign states work cooperatively to serve a particular purpose ​ E.g. United Nations, World Trade Organization, etc ○​ IGOs are established by treaty or other agreement that acts as a charter which helps in creating the group ○​ Some can be organized by region such as… ​ European Union (EU), African Union, World Health Organization, International Monetary Fund (IMF), Organization of the Petroleum Exporting Countries, Association of South Asian Nations ​ Why ○​ Work to achieve common goals and make the world a better place ○​ Increase economic growth ○​ Encourage the development of poorer countries ○​ Keep other countries' economies stable ○​ Define and promote local and political interests ○​ Meet specific objectives ​ E.g Prevent war, genocide, and human rights violations ○​ Promote health and educational initiatives ○​ Environmental ​ CNBC Explains the European Union Video ○​ The European Union is a political and economic union of 28 European countries  ○​ Increased economic growth will result in a decrease in conflicts ○​ European Unions is first created to avoid war ○​ European Commission ​ Made by commissions from each country but are independent ​ Represent the interests of the EU before their home countries ​ Each commission is in charge of a specific portfolio ​ In Brussels, Belgian ○​ European Parliament ​ Based in Brussels, Belgian and Strasbourg, France ​ Lawmakers vote on laws ​ Directly represents EU citizens ○​ Council of European Union ​ Members of similar roles discuss, amend and adopt laws ○​ The Council of the European Union and the European Parliament are the main decision-making bodies of the EU ○​ Other important European bodies include the European Court of Justice, the Court of Auditors and the European Central Bank ​ European Court of Justice ​ Based in Luxembourg ​ Ensure European laws are interpreted and applied in the same way across the EU ​ Court of Auditors ​ Based in Luxembourg ​ Looking after the community budget ​ European Central Bank ​ Based in Frankfurt ​ Sets monetary policy of the Euro ○​ Not all members of the European Union use euros ​ Issues and Disputes ○​ Treaty violations ○​ Boundary Disputes ○​ Access to Resources ○​ Trade Barriers ​ Examples ○​ Freedom of Press (China/Turkey) - Heavy censorship of internet and publications ○​ Try to hide the government's power and actions over its people ○​ Government ownership of media ○​ Jamaal K.  ○​ Trump - “Press is the enemy of the people” ○​ Honour Killings (Pakistan) - Women being burned alive in a public forum for breaking the marriage rules of the country (e.g. not taking part in a planned marriage) ​ Pakistani law allows the victim to pardon the perpetrator ​ New laws have been created to stop honour killings, but they are poorly enforced ○​ Apartheid - In South Africa, they were governed by apartheid ​ White Minority controlled all the money and means of production while the blacks lived in poverty ​ Only whites got jobs and were able to vote ​ In the 1980s, Canada invoked economic sanctions against them ​ Nelson Mandela (African Congress) fought for democracy ​ The sanctions had put pressure on the government to end apartheid and the lift was needed to restore the economy ○​ Anit-LGBT in Brunei, Uganda, Jamaica and Russia - New Islamic laws in Brunei will allow the government to stone people to death for gay sex ​ Women who do the same will be subject to 40 lashes ​ “You wake up and realize that your neighbours, your family or even that nice old lady that sells prawn fritters by the side of the road don’t think you’re human or is okay with stoning” ​ Homosexuality has previously been illegal in Brunei and punishable by up to 10 years in prison ​ Many fear the laws could spread to Indonesia and Malaysia ​ Canada reacted by condemning the new bill on Twitter ​ “Canada is deeply concerned with #Brunei’s decision to punish members of the #LGBTQ2 community under its new penal code. Canada supports #humanrights for all and will always oppose the #deathpenalty” ​ Celebrities have also voiced their opinions, calling for a boycott of hotels owned by the Sultan ​ What Powers Do These Organizations Have? ○​ Sanctions - to secure enforcement by imposing a penalty for violation of the law or offering a reward for its observance ​ A punitive act taken by one nation against another nation that has violated a treaty ​ E.g. USA pressured China to limit their trade with North Korea ○​ Suspending diplomatic relations - Threat to stop/remove involvement from a specific organization  ○​ Motions of censure - Formal and public condemnation of an individual’s transgressions ​ Methods for Resolving Conflict ○​ Mediation: Involves both sides meeting with each other accompanied by an independent judge, who helps resolve an issue peacefully ​ E.g. Greece, Turkey, Cyprus, Aegean Sea ○​ Arbitration: Agreeance by both parties to leave decisions in the hands of an independent body (ICJ) ○​ Embargos: Completed stop of exporting and importing to a country ​ E.g. USA and Cuba, Iran and North Korea ○​ War and armed conflict: Use of violence to achieve legal or political ends ​ E.g. India v. Pakistan war over Kashmir Canada and International Trade ​ Background ○​ Trade was the engine of economic growth ○​ John A’s National Policy - Protective tariffs (promote Canadian Industry) ○​ Protectionism thus became a huge political issue ○​ Following the signing of the Statute of Westminster (1931), Canada was free to make its own foreign policy decisions ​ The Auto Pact (1965) ○​ Allowed duty-free movement of vehicles across the border ○​ Before there had been a 15% Tariff ○​ Allowed for the creation of Branch Plants, yet created jobs for Canadian workers ​ Free Trade Agreement (1989) ○​ Created to secure access to the United States Market ○​ The goal was to promote full employment and full productivity and strengthen the power of Canadian markets in the global economy ○​ Issues with FTA ​ Integrated economics ​ Undermined Canadian sovereignty ​ North American Free Trade Agreement (1994) ○​ Trilateral agreement between USA, Canada and Mexico ○​ Eliminated all tariffs between them ○​ Linked to investment environmental and labour issues ​ Pros and Cons of NAFTA ○​ Pros ​ Enlarged Production Quadrapuled Trade ​ Labour Intensive Industries move to Mexico ​ Cheap Labour ​ Access to foreign goods/foreign investment growth ​ Economic output growth ○​ Cons ​ Lose manufacturing jobs to Mexico ​ Suppressed wages ​ Less production in your own country ​ Environmental Destruction ​ Loss of National Sovereignty ​ USMCA ○​ Signed and ratified December 10, 2019 ○​ Details have not yet been disclosed but a majority of the concessions from NAFTA came from Mexico ○​ I.g. New Law to ensure that Mexico lives up to standards set in NAFTA like quality working conditions Foreign Policy ​ What is Foreign Policy? ○​ Actions incited by one nation in determining their diplomatic dealings with other countries ○​ Also called foreign relations: It governs relationships between nations for a variety of issues ​ What is Canada’s Foreign Policy ○​ As a middle power, Canada focuses on cooperation and compromise ○​ They participate in international organizations to influence and support other countries ○​ Focus on these things to build international identity at home and abroad ​ Promotion of Trade and Economic Growth ○​ Policy is motivated by a commitment to fostering economic growth in the developing nations of the world and also promoting expanded global trade and investment ​ Environment  ○​ The policy is concerned with promoting a great awareness of global environmental issues and works to reduce environmental hazards like global warming ​ Peace and Security ○​ The policy seeks to use what influence it may have in different conflict zones in the world to prevent further bloodshed, promote negotiations between warring parties, and restore stability to the region in which the conflict is raging ​ Sovereignty ○​ Policy is interested in promoting a distinctively Canadian approach to global issues and problems, one that while generally supportive of its ally the United States, does not automatically assume the same position as its neighbour ​ Human Rights and Societal Issues ○​ Policy is committed to promoting greater human rights and social justice in the world and seeks to use its influence to encourage greater respect for these principles in places where they are under threat ​ G8/G20 ○​ G8 stands for Group of Eight and is made up of leaders from Canada, France, Germany, Italy, Japan Russia, the UK and the United States of America ​ collusion ○​ The aim is to try to tackle global problems by discussing big issues and planning what action to take ○​ The G8 members can agree on plans and set objectives but they can’t force anyone to agree with them ​ Problems with G8/G20 ○​ Western World Bias ○​ Countries like China and India are not represented ○​ Promot the idea of globalization (Gloval and Bad) ○​ The needs of the 8 come at the expense of the rest of the world (Increase divide between First and Third World) ○​ Meetings held behind closed doors/No Transparency ​ What is the G-20, and Is it Losing Its Relevance? Video ○​ Informal meeting of the 20 of the largest economies ○​ Goal for global financial stability ○​ Started with G7  ​ Could not change the global financial stability and created G20 ○​ Global Financial Crisis of 2009-2009 ○​ G7 speaks on behalf of the world ​ But represents 10% of the world's population ○​ Finance Track and Sherper ○​ Employment, corruption, climate change, etc ○​ Protests at G20 Summits Unit #4 Criminal Law Unit #4 Defining A Crime: Crime: -​ An act or omission of an act that is prohibited and punishable by federal statute law. (Criminal Code of Canada - Statute Law) -​ ”Omission of an act” means that some crimes are not acts in the strict sense, but rather the failure to act in certain situations, for example: Neglect Conditions: Four (4) conditions that must exist for an act or omission to be considered a crime -​ The act must be considered wrong by society -​ The act causes harm to society in general or to those who need protection (ex. minors) -​ The harm must be serious -​ The remedy must be handled by the criminal justice system Criminal Law: -​ A crime is considered to be an offence not just against the direct victim, but against society as a whole -​ Example: When a pair of Beats headphones is stolen from a family run electronics store, not only is the store owner affected but society as well in that the price of headphones may have to be driven up -​ It’s the government's responsibility to investigate and act against people who commit crimes -​ Criminal law is the body of laws that prohibit and punish acts that injure individual people, property, and the entire community Purpose of Criminal Law: There are 3 main purposes of criminal law; -​ To protect people and property -​ To maintain order -​ To preserve standards of public decency The Criminal Code: -​ The Criminal Code of Canada is a federal statue that contains the majority of criminal laws passed by Parliament it is meant to reflect the social values of the majority of Canadians -​ It was passed as a statute in 1892 -​ It lists: Offences, Sentences to Be Imposed; and Procedures To Follow When Trying The Accused Judges Decisions: -​ Judges interpret laws from the Criminal Code -​ They can also set new limits and create additions to existing laws -​ Ex. Lavallee (Defence of Battered Women’s Syndrome) Actus Reus and Mens Rea Because crimes are moral wrongs, people can only be convicted of a criminal act (or omission) if they have a guilty mind. So the Crown Prosecutor must prove 2 ELEMENTS of a crime: the guilty act (actus reus) and the guilty mind (mens rea) Actus Reus: Guilty Act -​ The actus reus of a Criminal Code offence is the act or omission (i.e. failure to act) -​ It is often easy to identify the actus reus of a crime - for example, s.222(1) of the Code provides that “a person commits homicide when directly or indirectly, by any means, he causes the death of a human being” - The actus reus of homicide is causing the death of a human being Mens Rea: Guilty Mind The mens rea of a crime can be: -​ The intention to do the guilty act (planning the murder of another person) -​