The most basic and important ideal of our legal system is justice. There are two dimensions of justice. These are formal justice and substantive justice. Formal Justice: Requires decisions be made in a non-arbitrary and consistent manner Established legal rules must be followed No person shall be regarded to be above the law Every person…
Schedule B, Part I of the Constitution Act, 1982, comprises the Charter. Section 52: the Charter is a part of the Constitution which is the supreme law of Canada and all laws must comply with it. Charter can only be altered through the amending formula – substantial consensus of all the provinces and the federal…
An academic thinker named Edward Fenton came up with the acronym PERSIAT. He wanted to find a way to structure intellectual analysis so that concepts and subconcepts could be quickly and properly classified. In the last few years, Fenton’s original concept has been expanded upon and the idea of Geographical analysis has been added. Currently,…
We know when a crime exists (actus reus and mens rea), so what happens after a crime has been committed? THE LEVELS OF POLICE IN CANADA Federal – RCMP – responsible for all federal law under the Criminal Code and federal regulations Provincial Police Municipal Police Aboriginal Police DETERMINE THE PARTIES INVOLVED The perpetrator (the…
House of Commons Place where issues affecting everyone in the country will be discussed and debated. Through discussion and debate, your elected Members of Parliament will attempt to direct your nation Passing a bill will require a majority vote in favor of it, but when bills do become laws, every citizen in your nation must…
1) John Ryan’s mother was charged with manslaughter and not infanticide because she lacked the perquisite to be charged with it. In order for this case to have been possibly considered infanticide, John Ryan’s mother would have to have committed the murder during the first 12 months of his life. Since his mother does not…
1) The patient must be suffering unbearable pain. I am somewhat in agreement with this provision of the Dutch law. If a person is suffering for extraordinary pain from a severe accident or terminal disease which renders them a burden on themselves and others around them, they should be able to make the conscious decision…
Increased reliance on cell phones has led to a rise in the number of people who use the devices while driving. There are two primary dangers associated with driving and cell phone use, including text messaging. First, drivers must take their eyes off the road while dialling. Second, people can become so absorbed in their…
R. v. Parker 1) Section 7 of the Charter of guarantees “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” 2) The court declared the possession of marijuana for medical purposes to be unconstitutional because…
1) No, no where in the section defining what constitutes the offence of trafficking does it state the accused must be in direct possession of the illegal substance. 2) Aiding and Abetting – The guilt of a person in a criminal case may be proved without evidence that he personally did every act involved in…
In the world of marketing, there are several steps in which a company must take in order to release a product into the market and be a success. Step 1: Idea Generation Ideas for new products can be obtained from basic research using an SWOT analysis, market and consumer trends, company’s R&D department, focus groups,…
R. v. Oakes, [1986] 1 S.C.R. 103 1) Reverse onus: A stipulation within the Criminal Code of Canada that shifts the “burden of proof” onto the individual to disprove evidence against them and prove their innocence. Usually, this provision concerns a shift in burden onto a defendant in either a criminal offence or “tort” case.…
1) The case study basically explains the segregation and problematic child gender problems that still exist in many parts of India, southern Asia, and China. Long- established traditions of turning females into commodities as oppose to people are creating large imbalances in the male to female birth ratios each year. The government being aware of…
Decision by Judge or Jury- Defence generally decides whether a case will be tried to a judge or a jury. In some regions both prosecution/ defence have right to demand a jury trial. Jury selection- If trial is held before a jury: defence/ prosecution select the jury through a question and answer process: “voir dire.”…
R. v. Sullivan 1) Under the pretences of the criminal code of Canada: Criminal negligence 219. (1) Everyone is criminally negligent who (a) in doing anything, or (b) in omitting to do anything that it is his duty to do, shows wanton or reckless disregard for the lives or safety of other persons. Definition of…
Murder Canada: First degree murder – mandatory life imprisonment without the possibility of parole for 25 years (but someone guilty of a single murder could be have his non-parole period reduced to no less than 15 years (see Faint hope clause). Second degree murder – mandatory life imprisonment without the possibility of…