Make/Revise a Law Summative

Make/Revise a Law Summative

LEARNING GOAL (Cause and Consequence) • You will identify and explain the relationship between societal problems and the creation of laws.

SUCCESS CRITERIA • You will identify and explain a pressing societal problem. • You will use evidence to support the need to solve the problem. Students will use language appropriate to legal studies with minimal effectiveness • You will create a solution to the problem through the creation of a law. • You will differentiate between the substantive, procedural and punishment aspect of law. • You will use language appropriate for an understanding of the law.

FORMAT COMPONENT A: THE PROBLEM • Identify a key problem in society that needs to be addressed through legislation (law). Explain what the problem is, why it is a problem and how a new or modified law will solve the problem. Include specific research to confirm that there is a problem. Statistics would be most helpful. Properly source your research. COMPONENT B: THE SUBSTANTIVE LAW • Create a law that you hope will solve the identified problem. The law needs to be written in language that closely resembles actual law. Section and subsection numbers would be helpful. COMPONENT C: THE PROCEDURAL LAW • Include the specific steps that must be taken by law enforcement officers to enforce the law. Be specific about the steps taken. Sections and subsection numbers would be helpful. COMPONENT D: PUNISHMENT • Include the punishment(s) that would be imposed on people caught violating the law as outlined in COMPONENT B. Also include a scale of punishments for repeat offenders.

Let’s Do an Example…

Social Issue • Example from the US: • http://www.cbsatlanta.com/story/17040101/madd-pushes-for-tougher-dui-legislation • How about Canada? • http://www.youtube.com/watch?v=bG3u7yy_u7I

Part A – The Problem(What is a social issue that needs a new or revised law?)

Impaired driving is a problem in this country. Too many people are killed or injured on a yearly basis and the economic cost of impaired driving is astronomical. MADD Canada estimates that 1,278 people were killed in 2006 as the result of impaired driving and it is believed that this estimate is low. These fatalities do not include those killed on the waterways. As well, there is a belief that impaired driving incidents resulting in fatalities were underreported. If an estimate of between 1,350 to 1,600 is more accurate, the average number of deaths per day in Canada would be between 3.7 and 4.4. In addition to deaths, MADD estimates that 75,374 people were injured in impaired driving accidents in 2006. This means that on average, 207 people were injured per day. This would work out to an average of 8.6 injuries per hour or 1 injury every or 1 every 7 minutes. Finally, MADD estimates that impaired driving accidents cost between $2.2 billion to $12.8 billion annually. The implications are quite clear. Impaired driving is a serious issue in Canada and existing laws are not sufficient in dealing with the cost to live, personal security or property. Changes have to be made and the best way to make these changes is to increase the penalty to impaired drivers. Increasing the penalty to impaired drivers would act as a clear deterrent. At the same time, the limit for alcohol in the blood system (BAC) should be lowered from 80 mg/ml to 50 mg/ml. Any alcohol in a person’s system affects ability and judgment. There is no good argument for drivers to have any alcohol in their system. Consumption of alcohol has no benefit outside of a social benefit. Therefore government needs to reduce the amount of alcohol that is legally accepted for the operation of a motor vehicle. Source: Alcohol, Trauma, and Impaired Driving Study - https://knowledgex.camh.net/amhspecialists/resources_families/Documents/alcohol_trauma_impaired.pdf

Part B – Substantive Law (What is the law for your issue and how would you change it?)

Criminal Code of Canada:Impaired Driving Sections Operation while impaired • 253. Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not, • (a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or • (b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds fifty milligrams of alcohol in one hundred millilitres of blood.

Actual Law: 253. (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not, • (a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or • (b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood. • Marginal note for greater certainty (2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug. • What’s different? • Why is the difference important?

Part 3 – Procedural Law(What procedures need to be followed to enforce your law?)

Criminal Code of Canada:Impaired Driving Sections Testing for presence of alcohol in the blood • s.254.(1) Where a peace officer reasonably suspects that a person who is operating a motor vehicle or vessel or operating or assisting in the operation of an aircraft or of railway equipment or who has the care or control of a motor vehicle, vessel or aircraft or of railway equipment, whether it is in motion or not, has alcohol in the person's body, the peace officer may, by demand made to that person, require the person to provide forthwith such a sample of breath as in the opinion of the peace officer is necessary to enable a proper analysis of the breath to be made by means of an approved screening device and, where necessary, to accompany the peace officer for the purpose of enabling such a sample of breath to be taken.

What the Actual Law Says… Testing for presence of alcohol or a drug • If a peace officer has reasonable grounds to suspect that a person has alcohol or a drug in their body and that the person has, within the preceding three hours, operated a motor vehicle or vessel, operated or assisted in the operation of an aircraft or railway equipment or had the care or control of a motor vehicle, a vessel, an aircraft or railway equipment, whether it was in motion or not, the peace officer may, by demand, require the person to comply with paragraph (a), in the case of a drug, or with either or both of paragraphs (a) and (b), in the case of alcohol: • (a) to perform forthwith physical coordination tests prescribed by regulation to enable the peace officer to determine whether a demand may be made under subsection (3) or (3.1) and, if necessary, to accompany the peace officer for that purpose; and • (b) to provide forthwith a sample of breath that, in the peace officer’s opinion, will enable a proper analysis to be made by means of an approved screening device and, if necessary, to accompany the peace officer for that purpose. • What’s different? • Why different?

Part 4 – Punishment(What is the punishment law breakers would face? What are the minimum and maximum punishments? What are the punishments for repeat offenders?)

Criminal Code of Canada:Impaired Driving Sections Punishment • 255. (1) Every one who commits an offence under section 253 is guilty of an indictable offence or an offence punishable on summary conviction and is liable, • (a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely, • (i) for a first offence, to a fine of not less than 5thousand dollars, • (ii) for a second offence, to imprisonment for not less than 60, and • (iii) for each subsequent offence, to imprisonment for not less than 200 days; • (b) where the offence is prosecuted by indictment, to imprisonment for a term not exceeding 7years; and • (c) where the offence is punishable on summary conviction, to imprisonment for a term not exceeding 2.5 years

What the Actual Law Says… • 255. (1) Every one who commits an offence under section 253 or 254 is guilty of an indictable offence or an offence punishable on summary conviction and is liable, • (a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely, • (i) for a first offence, to a fine of not less than $1,000, • (ii) for a second offence, to imprisonment for not less than 30 days, and • (iii) for each subsequent offence, to imprisonment for not less than 120 days; • (b) where the offence is prosecuted by indictment, to imprisonment for a term not exceeding five years; and • (c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than 18 months. • What’s different? • Why different?

What Laws/Issues Can You Consider Sections of: • Criminal Code of Canada • Youth Criminal Justice Act • Highway Traffic Act • Safe Schools Act • Human Rights Laws • Child Protection Laws

Make/Revise a Law Summative