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Chapter 1 – Heritage of Law

Chapter 1 – Heritage of Law. Law and the Possibility of Change. Agenda. 1. Law and the Possibility of Change 2. take-up R. v. Halpern 3. Rodriguez Case (textbook). Learning Goal for Today.

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Chapter 1 – Heritage of Law

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  1. Chapter 1 – Heritage of Law Law and the Possibility of Change

  2. Agenda • 1. Law and the Possibility of Change • 2. take-up R. v. Halpern • 3. Rodriguez Case (textbook)

  3. Learning Goal for Today • By the end of the lesson, students will be able to explain how law changes and how individuals and collective groups have influenced changes to the law

  4. Expectations • Evaluate the influence of individual citizens who have fought to change the law • Assess the role of collective action in changing the law in democracies • CGE4c – responds to, manages and constructively influences change in a discerning manner • CGe7d – promotes the sacredness of life

  5. *Factors Driving Change • Demographic – Boomers/fewer workers • Rural v. Urban - reversal • Gun Registry – fear/politics/perception

  6. *Law and the Possibility of Change • Technological • Internet – jurisdiction and crime • International Travel – travel/deeming of sex crimes

  7. *Law and the Possibility of Change • Automobile – required traffic laws • Medical Ethics – stem cell research, test-tube babies, cloning • Resources – international law issues, Antarctica, ocean, space

  8. *Law and the Possibility of Change • National Emergencies… • Income Tax 1917 • Mandatory high school • 911

  9. *Law and the Possibility of Change • Financial system meltdown the last four years • Societal Norms and Mores Change • Gay marriage (R. v. Halpern) • Euthanasia • Polygamy? • Decriminalization of marijuana?

  10. U.S. Constitution

  11. *Law and the Possibility of Change • U.S. Constitution V amendment • *No person shall… be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury… nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law… • *Just write “5th amendment rights – right against self-incrimination & due process… “

  12. *Law and the Possibility of Change • Where did the 5th amendment come from? • *The U.S. right was created in reaction to the excesses of the Courts of Star Chamber and High Commission—British courts of equity that operated from 1487-1641. These courts utilized the inquisitorial method of truth-seeking as opposed to the prosecutorial, meaning that prosecutors did not bear the burden of proving a case, but that sufficient "proof" came from browbeating confessions out of the accused. • *Just write reaction to “Star Chamber”

  13. Law and the Possibility of Change

  14. Law and the Possibility of Change • Canada does not have anything similar to the U.S. V amendment and a witness in Canada (other than an accused – they can’t be forced to testify) must answer all questions but whatever is said on the stand can’t be used against you • Witness in Canada is protected against that testimony being used against them in other proceedings (Charter s.13)

  15. *Law and the Possibility of Change • Why is Canada different than the U.S.? • 1776 v. 1867 • Charter • Canada Judeo-Christian beliefs; confession and forgiveness

  16. Law and the Possibility of Change

  17. Law and the Possibility of Change • Privilege (against self-incrimination) – predated formation of U.S. because of state Bills of Rights • U.S. government - Bush - 911 – Guantanamo Bay - Star Chamber?

  18. Law and the Possibility of Change • Al-Timimi (Islamic scholar convicted in U.S. of inciting terrorism) • U.S. Intelligence authorities were allowed to make classified submissions directly to the judge without allowing the defense or prosecutors access to them • Al-Timimi was convicted on 10 counts of inciting jihad and was sentenced to life in prison

  19. Law and the Possibility of Change • In 2011, in R. v. Ahmad, the SCC held that in cases involving national security, if the government doesn’t want to have evidence revealed in open court, it is sometimes better to let a possible terrorist go free by staying the trial than to reveal national security information that would harm Canada’s national security by staying the trial

  20. Law and the Possibility of Change • Guantanamo Bay • Combat Status Review Tribunals (Military Commissions) crafted to avoid standards of American military and civilian justice • Seemed like Obama was going to close facility • Obama blinked on issue

  21. Law and the Possibility of Change • In response to 911, the U.S. and Canada passed anti-terrorism legislation defining what a terrorist is and bringing it within the criminal code

  22. Humour Break

  23. Seatwork/Homework Homework – read Rodriquez in textbook page 17 & do ?’s 1 & 2 on page 18 & Do Homework Addendum handout for Monday

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