introduction_to_law_session_slides-20826-20220907.pdf

www.opcva.ca Federal Law 1 Introduction to Law Version: BCT Federal Law September 2022SL © Queen's Printer for Ontario, 2018 Objectives Each learner will be able to: • Understand what the law is and where our laws come from • Identify Fundamental, Legal, and Equal Rights guaranteed by the Chart...

www.opcva.ca Federal Law 1 Introduction to Law Version: BCT Federal Law September 2022SL © Queen's Printer for Ontario, 2018 Objectives Each learner will be able to: • Understand what the law is and where our laws come from • Identify Fundamental, Legal, and Equal Rights guaranteed by the Charter of Rights and Freedoms • Identify the various levels of courts • List the 3 classifications of criminal offences • Describe what is needed to commence a charge 2 What is the law? The law is rules of conduct that protect everyone’s rights The foundation of Canada’s legal heritage is found in: • The rule of law • Freedom under the law • Democratic principles • Respect for others Laws also balance individual rights with our obligations as members of society 3 Why we need laws Laws are rules made by government that forbid or regulate certain actions and are enforced by the courts Laws apply to everyone equally and help to ensure a safe and peaceful society Penalties for breaking the law include fines, paying for damages or going to jail Our laws also recognize and protect basic individual rights and freedoms such as liberty and equality 4 Public Law vs Private Law Public law are the rules between the individual and society and include: • Criminal Law – deals with crimes and their punishments • Constitutional Law • Defines relationship between various branches/levels of government • Limits the exercise of governmental power over individuals – protection of human rights and fundamental freedoms • Administrative Law – actions and operations of government Private Law (civil law) sets the rules between individuals (civil case) 5 Where our legal system comes from Types of law in Canada Common Law - this is early traditional law that is not written down as legislation. It evolved into a system of rules based on precedent. Statute Law - Laws enacted by various levels of government Case Law – Judges develop common law by referring to and setting precedents. They also interpret and apply statutes Aboriginal and Treaty Rights – Aboriginal rights refer to Aboriginal peoples’ historical occupancy and use of the land. Treaty rights are rights set out in treaties entered into by the Crown and a particular group of Aboriginal people (commonly referred to as Band By-laws) 6 Where Does Statute Law Come From? Federal Parliament Revised Statutes of Canada (RSC) and Regulations Provincial Legislature Municipal Revised Statutes Governments of Ontario (RSO) By-Laws and Regulations Criminal Offences • Criminal Code • YCJA • CDSA • CEA • I.A. Provincial Offences • POA • CYFSA • LLCA • TPA • PAWS 7 By-Laws • Fence and Lines Act • Noise Types of Statutes/Legislation Procedural Law Instruction manual for police “Outlines how the law is to be enforced and administered” Substantive Law Instruction manual for citizens “Consists of the rights and duties of each person in society” Federal Provincial Federal Provincial Criminal Code Charter of Rights Y.C.J.A. C.E.A. P.O.A. E.A. Criminal Code C.D.S.A. H.T.A. L.L.C.A. T.P.A. M.H.A. 8 The Constitution of Canada The Supreme Law of Canada The Constitution of Canada includes the Constitution Act, 1867 and the Constitution Act, 1982. The Constitution sets out: • The basic principles of democratic government – defines the powers of the three branches of government • Provisions relating to the judicial branch of government (judges) • Protections for the rights of Aboriginal people It also contains the Canadian Charter of Rights and Freedoms which protects human rights in Canada 9 Canadian Charter of Rights and Freedoms The Charter protects: • Fundamental freedoms • Democratic rights • Mobility rights • Legal rights • Equality rights • Language rights And it affirms Aboriginal and treaty rights 10 Canadian Charter of Rights and Freedoms Rights and Freedoms in Canada s. 1 Rights and freedoms are not absolute Parliament or a provincial legislature can limit fundamental freedoms if they can show that the limit • Is set out in law • Pursues an important goal which can be justified in a free and democratic society • Pursues that goal in a reasonable and proportionate manner Interests of society must be balanced against individual rights to see if limits on individual rights is justified 11 Section 15(1) Section 2 Allowed Equal Protection + Benefit of Law (Collection of Personal Information) Freedom of Association No Discrimination on race, ethnic origin Section 9 Detention Canadian Charter of Rights and Freedoms “Right not to be arbitrarily detained” + Section 3 Every Citizen of Canada has the right to vote Section 6 Section 10 a + b Every Citizen of Canada has the right to enter, remain in and leave If someone is arrested or detained must know : • Why? • Right to speak to counsel 12 Supreme Court of Canada Courts Ontario Court of Appeal Superior Court Judge • serious and elected cases Divisional Court Superior Court of Criminal Jurisdiction Provincial Court Judge • criminal and provincial cases Justice of the Peace • provincial, by-law & bail hearings 13 Ontario Court of Criminal Jurisdiction Provincial Offences Court Federal Court of Canada How does a court process commence? What is an information An information is the formal court document that names the accused person(s) and outlines the charge(s) against that person. The information is placed before the court. The information is usually typed by the police and sworn to before a justice of the peace, however anyone may swear to an information. S. 504 CC - Anyone who, on reasonable grounds, believes that a person has committed an indictable offence may lay an information in writing and under oath before a justice, and the justice shall receive the information….. 14 Information / Dénonciation Form 2, sections 506, 508.1 and 788 / Formule 2, articles 506, 508.1 et 788 IPV (Intimate Partner Violence / Violence contre un partenaire intime) S (Impaired driving with substances / Conduite avec capacités affaiblies par des substances) V (Vessel / Bateau) Non-Disclosure Order Pursuant to s. 486.31 Ordonnance de non-divulgation, art. 486.31 Publication ban pursuant to Interdiction de publication en vertu de Non-communication s. 515(12)/516(2) Non-communication, par. 515 (12)/516 (2) Provisions of 530(3) complied with Dispositions du par. 530 (3) observées Arrest Date: Date d’arrestation 15 month Flag: Alerte à 15 mois Sworn/Affirmed Date / Deemed Sworn/Affirmed Date: Déclarée sous serment/affirmée solennellement le / réputée être déclarée sous serment/affirmée solennellement le CANADA PROVINCE OF ONTARIO PROVINCE DE L’ONTARIO (Region / Région) Information Number / Nº de la dénonciation Replacement Information / Dénonciation de remplacement 18 month Flag: Alerte à 18 mois 15 month Flag: Alerte à 15 mois 18 month Flag: Alerte à 18 mois Information of: Dénonciation de : of de , (occupation / profession) hereinafter called the informant. / ci-après appelé(e) le dénonciateur. The informant says that they believe on reasonable grounds that Le dénonciateur déclare qu’il a des motifs raisonnables de croire que Accused (last name, first name) / accusé (nom, prénom), (address / adresse), date of birth (day, month, year) / date de naissance (jour, mois, année), (enter charges here / insérer des accusations ici) 15 Classification of Offences Summary Conviction These criminal offences carry lower maximum penalties and are subject to less complex court procedures. These matters are heard in the Ontario Court of Justice. A charge can be initiated for a summary conviction offence within one year of the date of the offence. 16 Classification of Offences Indictable More serious criminal offences that carry longer maximum sentences and higher fines; these offences are also subject to more complex court procedures. For indictable offences punishable by 14 years or more imprisonment there is a right to a preliminary inquiry. 17 Classification of Offences Dual Procedure (Hybrid) Is a term applied to a criminal offence which may be tried by summary conviction procedure or by indictment at the option of the prosecutor. A hybrid offence is an indictable offence until the Crown elects to proceed by way of summary conviction. The difference is in the process followed. For arrest purposes hybrid offences are considered indictable. 18 As an investigator, I have decided to charge a person. What must I prove? The elements that must be proved are called FACTS IN ISSUE 19 Facts In Issue Time and date of offence Identity of the accused Place of offence Plus elements of offence 20 Facts In Issue John Smith (Identity of the accused) on the 21st of August 2021 (Time of the offence) at the town of Aylmer (Place of the offence), did commit an assault on Pat White contrary to Section 266 of the Criminal Code (Plus elements of the offence). TIPP 21 Homework Assignment Federal Law 1 workbook questions Fed Law 1 OPCVA quiz questions 22