Introduction to Legal Studies LAWS 1000 – End of Year Review: 2 nd Semester Materials.

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Presentation transcript:

Introduction to Legal Studies LAWS 1000 – End of Year Review: 2 nd Semester Materials

Review Themes Adjudication and Alternative Dispute Resolution Mechanisms The Adversarial System Access to Justice Legal Aid in Ontario Roles played in the Canadian Justice system The Canadian Charter of Rights and Freedoms Individuals in Canadian legal history

Adjudication 2 parties + ideally impartial 3 rd party Formal, public method of conflict resolution disputes Courts authorized to intervene in disputes Consent of both disputants not required Limited to issues and facts constituting legal disputes

Alternative Dispute Mechanisms Negotiation Mediation Arbitration Hybrid Methods

Alternative Approaches in Law Canada’s Drug Treatment Courts Collaborative Law Case Management Mandatory Mediation Programs Class Action Suits

Emerging Concerns in ADR Faith-based arbitration (esp. in family disputes) Party vulnerability (e.g. women in collaborative family law) The settlement process

The Adversarial System Party-autonomy Party-prosecution Underlying assumptions

Concerns with Adversarial Approach The truth about ‘impartiality’ The risk of suppression of evidence Access to justice (income, procedural issues)

Legal Aid in Ontario Preceded by British ‘poor laws’ Developed over 20 th century Involved (unsuccessful) call for pro-bono services Primarily focused on criminal law services Has expanded to include numerous specialized clinics Aims to eradicate poverty Continues to suffer from funding issues

Roles Played in the Canadian Justice System Lawyers / Advocates Juries Judges Law Enforcement

Charter Issues in Canadian Law Emergence of the Charter Application of the Charter (rights and freedoms, s. 1) The role of judges in the post-Charter era

Emerging Issues in Canadian Law Familial Searching Donor Conception and Anonymity

Individual Stories Dr. Charles Smith Ken Murray Judge Thomas Berger Olivia Pratten ‘Firsts’ in racial, gender representation in Canadian legal profession

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