1. Canada and International Law
Course Overview February 2016

2. R2P (Responsibility to Protect) 2001, 2005

8. Responsibility to Protect (R2P)
Emerging norm (principle) in international relations
2001- when a state or a government is unable or unwilling to protect its populations from genocide, war crimes, crimes against humanity or ethnic cleansing, the “international community” must protect those people
Spark: Rwanda 1994
150 governments approved at the 2005 UN World Summit Outcome

9. Therefore:
Does the UN principle of Responsibility to Protect oblige Canada and its allies to intervene- militarily or otherwise- in Syria?

10. Course Overview

11. WHAT WILL WE LEARN?
What is Criminal Justice? Should we shoot first and ask questions later? Punish offenders? Can we stop crime in society?
Constitutional Law- important…slightly- How the Charter actually works, what questions are adressed
International Law- real or a myth?
How does it work exactly?
Testicles on Trucks…
(Gold/Silver/Flesh?)

13. EVALUATION
Term-work 70% *the usual suspects *Legal Research Paper- 5 months…5 months to complete this…say it with me….5 months… Final Exam 30%

14. THE TYPICAL GRADE 12 UNIVERSITY STUDENT
Attendance- What happens after Mid terms…
Communication with your teacher
Deadlines
Homework and review
Suffering
Constant checking of the course website- keep up to date

15. Supreme Court of Canada 2016 Winter Session
Assisted Suicide law extension- 4 month extension
Joseph Wilson- federal employee fired for “unjust cause”
Mandatory minimum sentences for drug trafficking- unconstitutional?
Infanticide provisions
Competence of legal representation- right to a fair trial

17. THE TROLLEY Judith Thompson 1986
Trolley car is going down a track. Ahead is a split in the track. One path of the track leads to where a group of 5 people are standing, unaware of the oncoming Trolley. They do not have enough time to get out of the way. The other path leads to a single person, who also does not have time to get out of the way. Now imagine there is a bystander standing at the transverse of the paths who must make a choice; do nothing and allow 5 people to die, or divert the Trolley and kill the single person.
The choice itself becomes the problem, not the outcome

18. MODERN APPLICATION
Dec American Senate Report on Post 9/11 Torture related activities
2002 Maher Arar- Syrian Torture
Section 12 of the Canadian Charter of Rights and Freedoms- free from cruel and unusual punishment
National Security vs. Individual Rights and Personal Privacy

19. Canada and Torture
“Canada’s participation in this global network of torture is less visible than the United States’. Our involvement has been less direct. Our hands appear cleaner, our consciences less tainted. And yet, Canada has also been complicit in torture in the years since 9/11, under both Liberal and Conservative governments”.
“We have also breached law and principle for the sake of “national security”: a “security” that seemingly continues to elude us, despite the sacrifices of rights and freedoms made at its altar”.

20. Article 3 of the United Nations Convention Against Torture forbids deporting or transferring individuals to states where they may be tortured. Relying on pledges not to torture from states known to torture is also prohibited – as foolish as delivering a mouse into the jaws of a lion that has promised not to eat it.

21. ACTIVITY Canada and the legality of Torture:
“Suppose that a perpetrator of an imminent terrorist attack, that will kill many people, is in the hands of the authorities and that he will likely disclose the information needed to prevent the attack only if he is tortured. Should he be tortured?”
Ratio Decidendi: the reasoning behind a judge’s decision- the rule of law on which the decision is founded

22. “They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” - Benjamin Franklin