1. Canada’s Legal System Socials 11

2. Welcome! This Day in History!This Day in History! 1635 - The Boston Public Latin School was established. It was the first public school building in the United States.1635 - The Boston Public Latin School was established. It was the first public school building in the United States. 1960 – Black college students stage the first of the Nashville sit-ins at three lunch counters in Nashville, Tennessee.1960 – Black college students stage the first of the Nashville sit-ins at three lunch counters in Nashville, Tennessee.Nashville sit-ins at three lunch counters in Nashville, Tennessee.Nashville sit-ins at three lunch counters in Nashville, Tennessee. Twitter Challenge Update! @AnonsNews is in the lead!Twitter Challenge Update! @AnonsNews is in the lead!

3. Think, Pair, Share What do you already know about the Charter of Rights and Freedoms? What does it include? Why is it important?

4. The Charter of Rights and Freedoms CONSTITUTION ACT, 1982 (80) (80) PART I CANADIAN CHARTER OF RIGHTS AND FREEDOMS Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: Guarantee of Rights and Freedoms 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. What is reasonable?!

5. Major Provisions 1.Fundamental Freedoms 2.Democratic Rights 3.Mobility Rights 4.Legal Rights 5.Equality Rights 6.Official Languages of Canada 7.Minority Language Educational Rights 8.Enforcement 9.General 10.Application of the Charter

6. Activity One! Charter of Rights and Freedoms! Case Study Discuss what major provision the issues involved? Did it violate a freedom? What do you think the recourse should be?

7. Laws Canada’s legal rights are entrenched in section 7 to 14 of the Charter of Rights and FreedomsCanada’s legal rights are entrenched in section 7 to 14 of the Charter of Rights and Freedoms Laws influence almost everything we do in our daily lives- from the food we eat, to the entertainment we watch, to the amount we get paid (minimum wage)Laws influence almost everything we do in our daily lives- from the food we eat, to the entertainment we watch, to the amount we get paid (minimum wage) Laws spell out the rights, privileges, and powers we enjoy as citizens and balance them with the duties expected ofus.Laws spell out the rights, privileges, and powers we enjoy as citizens and balance them with the duties expected ofus. With laws and rights comes responsibility.With laws and rights comes responsibility. Our laws reflect the values that we all hold in common and protect our basic rights and freedoms,Our laws reflect the values that we all hold in common and protect our basic rights and freedoms, THINK, PAIR, SHARE! Which three legal rights protected in sections 7-14 of the Charter do you think are the most important? Why?

8. Rule of Law Rule of Law: Governed by a fixed set of laws that apply to all people equally, regardless of position in society.Rule of Law: Governed by a fixed set of laws that apply to all people equally, regardless of position in society. The Constitution of Canada is the supreme law of CanadaThe Constitution of Canada is the supreme law of Canada Main Categories of Law!Main Categories of Law! Civil Law: Deals with relationships between individuals or groups Criminal Law: deals with matters that affect society as a whole. Criminal acts are considered to be committed against the state, not just an individual.

9. Civil Law Involve disputes over contracts, property (physical, intellectual, or creative), or personal relationships.Involve disputes over contracts, property (physical, intellectual, or creative), or personal relationships. Plaintiff: Person who claims to have suffered harm, loss, or injury to self or propertyPlaintiff: Person who claims to have suffered harm, loss, or injury to self or property Defendant: He or she sues the alleged wrong doer.Defendant: He or she sues the alleged wrong doer. Can you think of examples of Civil Lawsuits?

10. Criminal Law Most Criminal Laws are contained in the criminal code of Canada. Passed by Federal Government in 1892.Most Criminal Laws are contained in the criminal code of Canada. Passed by Federal Government in 1892. Breaking a criminal law is considered to be a wrong against Canadian SocietyBreaking a criminal law is considered to be a wrong against Canadian Society Criminal cases are carried out in the name of the Crown.Criminal cases are carried out in the name of the Crown. Lawyers representing the Crow are called prosecutionLawyers representing the Crow are called prosecution Lawyers representing the accused are called defence.Lawyers representing the accused are called defence. Only the federal government can make criminal laws, provincial government help to administer them.Only the federal government can make criminal laws, provincial government help to administer them.

11. Canada’s Legal Tradition Common Law: System of rules based on past decisions or precedent.Common Law: System of rules based on past decisions or precedent. It exists only in past decisions- this makes it flexible and adaptable to changing circumstancesIt exists only in past decisions- this makes it flexible and adaptable to changing circumstances o Statutory Law: Set out in acts of Parliament. Federal acts outline criminal code. I.e. Criminal Code, Narcotics Control Act, Quebec operates using a different system based on Roman Law. Arranged laws into a single book. Quebec courts look at Quebec Civil Code, then refer to previous decisions. What are the benefits or drawbacks of having both common law and statutory law?

12. Figure 11-6 Pg. 275

13. The Rights of Law Enforcers Powers of police to arrest and question suspects, seize evidence, and conduct searches have been steadily decreased since the introduction of the Charter in 1982Powers of police to arrest and question suspects, seize evidence, and conduct searches have been steadily decreased since the introduction of the Charter in 1982 Courts uphold the rights of those held or arrested by the police.Courts uphold the rights of those held or arrested by the police. Controversy: some argue that this is necessary to protect rights of citizens. Others maintain that it restricts the ability of law enforcement agents to carry out their duties.Controversy: some argue that this is necessary to protect rights of citizens. Others maintain that it restricts the ability of law enforcement agents to carry out their duties.

14. The Court System Provincial Courts: Responsible of the administration of Justice in Canada. Provincial Supreme Courts deal with more serious offences ( indictable offences). Lower courts handle less serious offences ( summary offences).Provincial Courts: Responsible of the administration of Justice in Canada. Provincial Supreme Courts deal with more serious offences ( indictable offences). Lower courts handle less serious offences ( summary offences). Supreme Court of Canada: Highest court in Canada (est. 1949) decides on constitutional issues and acts as the final court of appeal for criminal cases. The GG on the advice of the PM appoints 9 members of the Supreme Court.Supreme Court of Canada: Highest court in Canada (est. 1949) decides on constitutional issues and acts as the final court of appeal for criminal cases. The GG on the advice of the PM appoints 9 members of the Supreme Court. No one can alter the decisions of the Supreme Court unless Parliaments passes a constitutional amendmentNo one can alter the decisions of the Supreme Court unless Parliaments passes a constitutional amendment

15. Figure 11-9 Pg 277

16. The Penal System When people are convicted of crime, the judge has six options.When people are convicted of crime, the judge has six options. 1.Complete discharge 2.Pay fine to the court 3.Make restitution to the victim 4.Community Service 5.Probation 6.Jail Time- Max life Sentence 25 years

17. Do Prisons Really Work? Provincial Prisons: Under 2 yearsProvincial Prisons: Under 2 years Federal Prisons: Greater than 2 years- minimum, medium, maximum security.Federal Prisons: Greater than 2 years- minimum, medium, maximum security. Purpose: Protect society by controlling dangerous individuals and helping offenders to become law abiding citizens.Purpose: Protect society by controlling dangerous individuals and helping offenders to become law abiding citizens. Should a prison provide a place to punish wrong doers or be seen as a rehabilitation center?Should a prison provide a place to punish wrong doers or be seen as a rehabilitation center? Canada has one of the highest incarceration rates in the Western World. 129/100 000. Cost: $60,000.Canada has one of the highest incarceration rates in the Western World. 129/100 000. Cost: $60,000. What’s an alternative?!What’s an alternative?!

18. Restorative Justice First time offenders or those who commit less serious crimes.First time offenders or those who commit less serious crimes. Repair the damage that has been done.Repair the damage that has been done. Doesn’t always work but provides and alternative to prison.Doesn’t always work but provides and alternative to prison.

19. The Youths and Crime People dealing with juveniles who commit crimes, and become involved in the Justice system want to ensure that youths get a second chance.People dealing with juveniles who commit crimes, and become involved in the Justice system want to ensure that youths get a second chance. Under what circumstances should youths be tried in adult court? At what age is one too young to be changed with an offence? How long should the maximum sentence be? Should the record of crimes remain on their files after they become adults?Under what circumstances should youths be tried in adult court? At what age is one too young to be changed with an offence? How long should the maximum sentence be? Should the record of crimes remain on their files after they become adults?

20. Why treat the young differently? 1984 passage of the Young Offenders Act: too lenient?1984 passage of the Young Offenders Act: too lenient? 2000 Youth Criminal Justice Act: move toward harsher penalties.2000 Youth Criminal Justice Act: move toward harsher penalties. Individuals should not be burdened throughout their lives by decisions they made in their youthIndividuals should not be burdened throughout their lives by decisions they made in their youth Restorative Justice Programs: Face to face with their victimsRestorative Justice Programs: Face to face with their victims

21. WHAT DOES BEING A YOUNG OFFENDER REALLY MEAN? Same legal rights under charter as any other Canadian citizenSame legal rights under charter as any other Canadian citizen Granted special rights: cannot be named, records are confidential and will be destroyed when the youth becomes an adultGranted special rights: cannot be named, records are confidential and will be destroyed when the youth becomes an adult Exceptions: 14 years of age or older and charged with a serious crime.Exceptions: 14 years of age or older and charged with a serious crime. Youth Court: Judge decides on disposition (sentence). Max jail time 5 years.Youth Court: Judge decides on disposition (sentence). Max jail time 5 years.

22. Technology and the law No special laws governing the internetNo special laws governing the internet The Canadian Radio- Televisions and Telecommunications Commission (CRTC), body responsible for regulating communications ruled general law were sufficient to protect Canadians.The Canadian Radio- Televisions and Telecommunications Commission (CRTC), body responsible for regulating communications ruled general law were sufficient to protect Canadians.

23. Activity Resolving Disputes!Resolving Disputes! Is it a criminal or civil dispute and what actions should be taken.Is it a criminal or civil dispute and what actions should be taken.

24. Ticket out the door Ticket out the door: Paragraph form. What are 3 to 5 points from the Charter of Rights and Freedoms you deem to be most important.