History of Law, Cont. CLU 3MR Lesson 5

Development of Human Rights Learning Goal: Make connections between historical legal codes and Canadian law. Review questions Grant v Dempsey & R v Kerr (p 18) Note and discussion Tasks

Review Questions (Quiz Tuesday) Explain substantive law and procedural law Explain public law v private law List 3 types of public law List 5 types of private law Case law v statute law What are the 3 parts of the rule of law? Describe Hammurabi’s Code. What did our legal system acquire from the Greeks and the Romans?

What part of Canada uses the civil code What part of Canada uses the civil code? What is the history behind this? Where did the Common law system come from? What does it mean? What elements are required in a case citation?

Grant v Dempsey 1. Grant: the plaintiff Dempsey: the defendant 2001: year of the decision NSSC: Nova Scotia Supreme Court heard the case 20: the number assigned by the court CanLII: Internet reporting website

The type of law involved in this case is private (civil law): tort claim in negligence Grant was responsible for his own injuries. He was wearing dark clothing, and he was drunk, passed out in the middle of a road at 1:30 in the morning. He created an emergency situation that Dempsey could not have expected.

4. Dempsey was driving at a reasonable speed on a road that was poorly lit. He did not have sufficient time to stop before driving over an unidentified object on the road. He certainly did not expect to find a person lying in the road.

R. v Kerr 1. R. Represents society Kerr: the accused 2004: the year of the decision SCC: heard by the Supreme Court of Canada 44: the number assigned by the court CanLII: the Internet website

Criminal law Garon, a member of a criminal gang, threatened Kerr with extreme bodily harm. Kerr intentionally carried and concealed weapons in his pants in case he was threatened again by Garon at a future tim.

5. Kerr felt threatened that he would be the victim of an imminent attack by a gang member who controlled prison inmates through fear and intimidation. Garon had previously made death threats against Kerr. The judge obviously considered that Kerr used his own weapons in self-defence to protect himself when Garon approached Kerr holding out a homemade knife. The judge also considered that in the prison environment, there was no possibility of escape and that Kerr would have to seek a means by which to protect himself.

UN Human Development Index (2015) Norway Australia Switzerland Denmark Netherlands Germany Ireland USA Canada New Zealand Always ranks close to the top One aspect is the value we place on civil rights and human rights Other nations look to us as an example of what a free society should be

Development of Human Rights Not a real issue until modern times US Bill of Rights added to their constitution in 1791 Basis of freedom and civil rights France’s Declaration of the Rights of Man and the Citizen was written in 1789 Basis of all modern democracies Universal Declaration of Human Rights (1948) Following the Holocaust

Canada’s Constitution 1. First constitution BNA Act, July 1, 1867 Canada’s highest court was the Judicial Committee of the Privy Council of Britain It could overrule the courts in Canada Lists the division of powers between federal and provincial ** some provinces have created a municipal level of government with the power to enact bylaws

2. Statute of Westminster, 1931 Gave Canada control over foreign affairs 3. Supreme Court of Canada, 1949 Became Canada’s highest court of appeal ** Canada still needed Britain to make constitutional amendments

4. Constitution Act,1982 An amending formula was developed to change the constitution consent of Canadian Parliament two-thirds of the provinces with 50% of the pop. Includes the Canadian Charter of Rights and Freedoms

Tasks: Does Canada have too many laws? With a partner, read the issue hand out and answer questions 1 & 3. Question 3 should be answered individually, in one paragraph (not an entire essay!) The Development of Law. Explain what is meant by “rule of precedent”. Define the “rule of law” and “habeas corpus”. Describe what is meant by the term “statute law”. “It is better that ten guilty persons escape than one innocent suffer.” (Sir William Blackstone, Commentaries on the Laws of England, 1756) How does Blackstone’s notion of justice compare to our notion of justice today? Explain your opinion. (use ALL ABOUT LAW pages 16-21 to answer these questions)

Read the Legal Reforms/Aboriginal Law hand out Read the Legal Reforms/Aboriginal Law hand out. Answer questions 2, 4 & 5 found on the bottom of page 35 of this hand out (Building Your Understanding) Review Key Terms and Looking Back hand out. Complete these! Hand in the Looking Back answers.