Grade 11 Law Exam

Front 1

R. V. Askov

Back 1

Case of conspiracy to commit extortion

Front 2

R. V. Stillman

Back 2

Murder of 12 y/o

Evidence taken without warrant

therefore wiped

Front 3

R. V. Ruiz

Back 3

Case of conspiracy and the breaking of two prisoners out of jailRuiz convicted of considerable evidence including eyewitness accountsDefense claim search was illegal since it was warrantless "Plainview doctrine" became key issue, initial intrusion must be justifiedRuiz lost appeal which set precedent for wiper scope of search allowed

Front 4

R. V. Keegstra

Back 4

Case of Alberta schoolteacher expressing worked views are I.e holocaustExpectation was that students would reproduces teachingIssue of charter rights to freedom and expressionSpring court upheld Alberta's decision

Front 5

R. V. Oakes

Back 5

1982 case involving David Oakes charge with on lawful possession of narcoticsCrown attorney's job to prove possession oaks needed to prove he was not traffickingOaks and his legal team challenge the burden of proof indicating is what a violation of section 11 legal rights to be presumed innocentIn 1986 Supreme Court agreed with Oaks in turn created a "Proprtionality Test"

Front 6

R v Dudley and Stephen

Back 6

Boat, stranded, cannibalismSet president of when is murder legal? They got months of jail

Front 7

Donoghue v Stevenson

Back 7

Snail found in gingerbeer - not what she wanted

Front 8

Lieback vs. Mcdicks

Back 8

She spilt coffee on herself and it was tooo hot

Front 9

R. V. Keegstra

Back 9

Case of Alberta schoolteacher expressing worked views are I.e holocaustExpectation was that students would reproduces teachingIssue of charter rights to freedom and expressionSpring court upheld Alberta's decision

Front 10

Moses and Mosaic Law

Back 10

- set out in the first five books of the Old Testament- List of 10 Commandments- please greater emphasis on honoring the family-severity of punishment was greater then the hammurian code- focused on restitution (compensation)

Hint 10

The Early Roots of Legal Theory

Front 11

The Early Roots of Legal Theory : Code of Hammurabi

Back 11

- King of Babylon- gathered an organized all laws and customs into codes of over 300 laws- Cut into stone and put on display- first time laws have been codified- which abuse and was the focus + "an eye for an eye"

Front 12

Rule of law and Magna Carta

Back 12

- Equality became more significant as king john would be equally subjected to the law - " Due Process" ( guarantees fairness in all legal proceedings)And "Habeus Corpus" ( body brought before court in a reasonable period of time) were established as key legal principles- disputes settled by discussion and negotiations (ple bargains!!)

Hint 12

The Early Roots of Legal Theory

Front 13

What is public law

Back 13

Controls the relationship between the government and the people at represents law that applies to all individuals Ie constitutional law, criminal law, administrative law (LCBO), tax law, aboriginal law

Front 14

What is private law

Back 14

Private law also known as civil law outlines the rights and responsibilities of private individuals and organization (plaintiffs vd defendant)Intended to manage the behavior of persons in organizations in conflict with one another i.e. family, property law, corporate law, commercial law, torrent law, employment labor law

Front 15

What is Substantive law?

Back 15

The law that outlines your rights and obligations in society

Front 16

What is procedural law

Back 16

The legal process involved in protecting those rights

Front 17

The Rules of precedent- Three important reasons?

Back 17

Common law is based on principles of stare decisis ( standby earlier decision)President was important for three reasons1. Introduces a degree of uniformity and certainty to the law (similar cases can expect similar)2. Causes the court to act impartial rather than favour any other parties in action3. Introduces predictability's for the lawyer reducing court time in court expenses

Front 18

Difference between criminal case and civil case + formatting for both?

Back 18

A criminal case is usually the defendant/accused versus the king,rex,queen IE R. V. Accused/A civil case is usually the plaintiff (Person suing) versus the accused/defendant IE Plaintiff V. Defendant

Front 19

Terri Schiavo case

Back 19

Husband wanted to remove feeding tubeFamily did notTerris decision was legally the husband

Front 20

Section 1 + Section 33

Back 20

it is important to remember that your rights are not absolute. Section 1 guarantees the rights and freedoms set out in it subject to such reasonable limits prescribed by law as can be demonstrably justifiable in a free and democratic society.(Limits)

Front 21

Section 2

Back 21

States everyone has four fundamental states, those being Freedom of conscience and religionFreedom to thought,opinion,belief and expressionFreedom of peaceful assemblyFreedom of association(Freedoms)

Front 22

Section 3

Back 22

Domestic rights. I.e voting(Democratic rights)

Front 23

Section 6

Back 23

Mobility rights. I.e everyone had the right to enter,remain or leave Canada

Front 24

Section 7

Back 24

Everyone has the right too Life, Liberty and security(Legal right)

Front 25

Section 8

Back 25

Everyone has the right to be secure against unreasonable search and seizure(Legal right)

Front 26

Section 9

Back 26

Everyone has the right not to be randomly (arbitrarily) detained or imprisoned(Legal right)

Front 27

Section 10

Back 27

Are the rights following an arrest or detentionA) to be informed promptly of the reason thereforeB) To retain and instruct council w/o delay and to be informed of this rightC) To have the validity of the detention determined by way of Habeus corpus and to be released if the detention is not lawful(Legal right)

Front 28

Section 11

Back 28

8. Section 11 includes some of the following rights, which apply when a person is charged with an offence.a) to be informed without unreasonable delay of the specified offenceb) to be tried within a reasonable amount of timec) not to be compelled to be a witness in proceedings against that person in respect of the offenced) to be presumed innocent until prove guilty according to law in a fair and public hearing by an independent and impartial tribunale) not to be denied reasonable bail w/o just cause(Legal right)

Front 29

Section 12

Back 29

Section 12 states that everyone has the right not to be subjected to cruel and unusual punishment.(Legal right)

Front 30

Section 15

Back 30

15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefits of the law without discrimination and, in particular, without discrimination based (9) on Race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Front 31

Section 24

Back 31

11. Section 24(2) states that where a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by the Charter, the evidence shall be excluded , if it is established that, having regard to all the circumstances, the administration of it in the proceedings would bring the administration of into disprute

Front 32

Section 7-14 is??

Back 32

Legal rights

Front 33

section 16

Back 33

Langue rights

Front 34

Difference between Constructive discrimination and Systemic discrimination

Back 34

Constructive Discrimination• Occurs when a seemingly neutral requirement has a discriminatory (or adverse impact) when applied to a group protected under the Code.• Eg. Height/ weight requirements (flight attendants)Sunday shopping (religion)e) Systemic Discrimination• Has the effect of denying whole groups of people their rights or excluding them from participationo Racism (white males only), biases (female clerical positions), disabilities (no ramps) etc…

Front 35

Spd

Back 35

Stereotyping prejudice discrimination

Front 36

Five areas

Back 36

Services, goods and facilities-including schools, hospitals,shops, restaurants, sports and recreation organizations andfacilities• Occupancy of accommodation- the place where you live orwant to live, whether you rent or own the premises• Contracts - whether written or oral agreements• Employment -including advertisements, application forms andjob interviews as well as work assignment, training, and promotions

Membership in vocational associations and trade unions such as the Ontario Secondary School Teachers' Federation orUnited Steelworkers

Front 37

Prohibited grounds of discrimination These are the sixteen prohibited grounds for discrimination

Back 37

• race -

• ancestry-

• place of origin -

colour -

• ethnic origin -

• citizenship -

creed-

sex -

l• Handicap -

• Age -

• marital status -

• sex partnership status

• Record of offences

- Receipt of public assistance -

Religon

National

Front 38

infringements of the Code: Constructive Discrimination

Back 38

Occurs when a seemingly neutral requirement has adiscriminatory (or adverse impact) when applied to agroup protected under the Code. Eg. Height/ weight requirements (flight attendants)Sunday shopping (religion)

Front 39

infringements of the Code: e) Systemic Discrimination

Back 39

Has the effect of denying whole groups of people theirrights or excluding them from participationo Racism (white males only), biases (female clericalpositions), disabilities (no ramps) etc…

Front 40

Scope of Code (5 areas of provides)Membership in vocational associations and trade unions

Back 40

such as the Ontario Secondary School Teachers' Federation or

Front 41

Scope of Code (5 areas of provides)Occupancy of accommodation-

Back 41

the place where you live orwant to live, whether you rent or own the premises

Front 42

Scope of Code (5 areas of provides)Services, goods and facilities

Back 42

including schools, hospitals,shops, restaurants, sports and recreation organizations and

Front 43

Actus Reus.

Back 43

Actus reus is often characterized as the physical part of a crime. Inmost cases, it describes what the offender must do. A murder statue will requirethe offender to “kill,” an arson law will punish people who “set fire to” astructure, and theft may require someone to “take” something

Front 44

Mens Rea.

Back 44

Mens Rea is often characterized as the mental requirement in acriminal law. Modern statutes often use four categories of mens rea: intentionally(or purposefully or willfully), knowingly, recklessly, and with criminalnegligence. 2 Types of Intent :1. General Intent – intent is limited tothe act itself eg. assault2. Specific Intent – person committingoffence has a further criminal purposeeg. break and enter, robbery

Front 45

MOTIVE -

Back 45

motive is the reason for committing an act- it does not create intent, therefore does notestablish the required guilt- it is used by the police in finding the accused- it is also used in court as circumstantial evidence( not strong evidence)

Front 46

wilful blindness

Back 46

can be the required mens reasometimes a crime requires knowledge ex.using a cancelled credit cardsome sections of the Criminal Code define themens rea of the offence.

Front 47

recklessness

Back 47

can be the mens rea – defined asthe careless disregard for the possible results ofan action

Front 48

General Intent

Back 48

The intent is limited to the act itself and theperson has no other criminal purpose inIn an Assault case, the Crown only has toprove that the accused did apply force.Trespassing – accused was on someoneelse’s property at night. The intent to bethere is inferred.

Front 49

Specific Intent

Back 49

specific Intent The person committing the offence has afurther criminal purpose in mind.In a Break and Enter, specific intent existsbecause it involves the following:[1] An intentional illegal action (breaking andentering) that is committed with the intent tocommit[2] a further illegal action (robbery, anindictable offence)

Front 50

Conspiracy

Back 50

A conspiracy is an agreement between two or more people to commit a crime or to achieve something by an illegal act.The planning of the act itself is a crime.The people involved must be serious in theirintention to commit the crime.Jokes or threats are not considered conspiracy.

Front 51

Aiding

Back 51

Aiding means to help someone commit a crime. (eg. Driving the getaway car,distracting the store clerk etc…)Is considered a crime.

Front 52

Abetting

Back 52

Abetting means to encourage someone tocommit a crime.Is considered a crime.

Front 53

When the S.H.I (no “T”)!…hits the fan!Whats it stand for?Whats it for?

Back 53

Summary - Hybrid - Indictable

Summary- minor offences, for which the accused can be arrested or summoned to court without delay max penalty of $2000 and/or 6 months imprisonment Indictable Offences max penalty for each offence is up to life imprisonment actual penalty imposed is by the discretion of the judge

Hybrid Offences crown has the right to choose whether to proceed as a summary conviction or by indictment conviction* These were created mostly for procedural purposes the offence being charged will determine the following:o the power of arrest by a citizen or a police officer o the rights of the accuse do how the trial will proceed o what penalty will be imposed Summary Conviction Offences

Front 54

“PROCEDURAL JUSTICE”We have implemented a “core” set of values to ensure (in conjunction with the Charter) that the“Rule of Law” is maintained. What are the 7 steps?

Back 54

1) Fairness Process must be impartial toward the accused Similar cases treated alike, different cases differently2) Efficiency Process must be timely3) Clarity Accused must understand process andcharges4) Restraint Gov’t officials (popo’s, prosecution, judges,correctional officers etc…) must show self-discipline in treatment of accused5) Accountability Gov’t officials must be held responsible fortheir actions6) Participation The accused must be allowed to play an activepart in the process, and the process must beopen to public scrutiny.7) Protection To guard the accused from harm…strict gov’tregulation…

Hint 54

FECRAPP

Front 55

Juvenile Delinquents Act (1908-1984)

Back 55

juveniles are NOT criminals, rather in need of "guidance" ages 7-18 no rights to legal counsel fines of up to $25, placement in foster home or in care of governmentJuvenile Delinquents Act (1908-1984)

Front 56

Young Offenders Act (1984-2002)

Back 56

 youths are less "responsible" for crimes than adults  ages 12-17 inclusive  must be advised of legal rights  Charter applies, hearings open, publication ban on names,  many varied dispositions, usual terms 2-3 years, max. of 5 transfer to adult court possible for 14 + years for murder

Front 57

Youth Criminal Justice Act (2002- )

Back 57

 tougher sentences, rehab is important  ages 12-17 inclusive, 14 + treated more like adults  must be advised of legal rights  Charter applies, hearings open, no publication names for  many sentences including closed and open, up to 10 years adult sentences, serious violent offences for 1 st degree murder

Front 58

Overall objectives of YCJA

Back 58

1. promoting accountability, responsibility and consequences 2. supporting long-term solutions to youth crime and reinforcement of social values 3. respecting national and international human rights protections for children 4. making youth justice more flexible, less time consuming

Front 59

in what order did YCJA evolve? (names)

Back 59

Juvenile Delinquents Act (1908-1984)

Young Offenders Act (1984-2002)

Youth Criminal Justice Act (2002- )

Front 60

Duress

Back 60

 may be used if one commits an offence under the threat of immediate death or bodily harm from a person who is present at the time of the offence  rarely be used for a defence for murder, sexual assault, assault causing bodily harm or arson

Front 61

Mental Fitness to Stand Trial

Back 61

 accused may be remanded for up to 5 days of evaluation  can only be used to determine if accused is fit to stand trial  court ordered treatment usually follows  purpose of treatment is to make the accused fit to stand trial

Front 62

Automatism

Back 62

 act of unconscious voluntary behaviour  includes sleepwalking, convulsions, psychological stress or behaviour while concussed due to severe blow to head  may also be due to a disease of the mind (non-insane automatism)

Front 63

Mistake of Fact

Back 63

 ignorance of the law is not an acceptable defence  ignorance of facts is acceptable if: o there was a genuine mistake that did not result from negligence o there is no provision in the law that ignorance of fact is not a defence  often used when passing counterfeit money or in possession of stolen property

Front 64

DEFENCES IN CRIMINAL LAW

Back 64

-Alibi

-Self-Defence

-Legal Duty

Excusable Conduct Defences:

-Provocation

-Necessity

-Duress

-Honest Mistake/ Mistake of Fact

Mental Disorders:

-Mental Fitness to Stand Trial

-Mental Fitness at the time of the Offence

-Not Criminally Responsible

-Intoxication

-Automatism

-The “Carter” Defence

-Battered Woman Syndrome

-Consent

-Entrapment

-Mistake of Fact

-Double Jeopardy

-

Hint 64

18

Front 65

Mitigating

Back 65

Circumstance that soften sentence

Front 66

Disclouser

Back 66

Crowns obligation to give over evidence

Front 67

Adjourment

Back 67

Putting the trail off until another time

Front 68

Recidism

Back 68

Returning to prison after re-offending

Front 69

inculpatory

Back 69

Confession of guilt

Front 70

Voire dire

Back 70

A trail within a trail

Front 71

Premtory challenge

Back 71

The challenge of the jurys susabielty for no reason

Front 72

Challenge for cause / Sequestraing

Back 72

Questioning the jurors qualification

Front 73

C.S.O

Back 73

An order from the judge to give back to the community

Front 74

Arraingment

Back 74

Reading a charge

Front 75

simalar fact

Back 75

demonstrating a pattern in evidence

Front 76

Most Significant objections

Back 76

Segregation, Retribution, Deterrence,Rehabilitation

Front 77

Trail Process

Back 77

Arrangement

Reading charge

Instruction of jury

crown opens

crown direct

Defence cross

crown re-direct

crown rest

Defence opens

defence direct

crown cross

defence redirect

defence rest

defence close

corwn close

charge of the jury

Jury delibration

verdict

sentencing

Front 78

Rights when being arrested

Back 78

Miranda warning - You have the right to remain silent and retain council

Frisking and strip search and body cavity searches must happen at police station

You get one phone call

One to parent two if under 18

Fingerprints are allowed if charge is indubitable

No line up,Polygraph,Urine, unless impaired driving

Front 79

Infringement code

Back 79

Harassment

Sexual harassment

Poisoned environment

Constructive discrimination

Systemic discrimination

Hint 79

5

Front 80

Fines

Back 80

Max 2000 for individual

max 2500 for company

Front 81

concurrent sentencing

Back 81

serve sentence for 2 crimes at once

Front 82

constrictive sentencing

Back 82

One after another

Front 83

Intermittent sentencing

Back 83

apart, only offered when sentencing less then 90 days

Front 84

Abusive or conditional discharge

Back 84

A) effective immediately, no condition

B)Can avoid record - Prohibition

Front 85

Suspended sentence

Back 85

Avoid Jail time

Prohibition

if conditions are met

Front 86

Conditional sentencing

Back 86

less then 2 years

serve sencetncing in commuinty

Front 87

Suspension of privilege

Back 87

i.e drivers licence

Front 88

Peace bond

Back 88

must keep peace for 12 months

Front 89

General Damages:2 main Categories:

Back 89

a) Pecuniary – for loss of income or future earnings andthe cost of specialized future care.b) Non-pecuniary – for pain and suffering and for loss ofenjoyment of life.

Front 90

Special Damages:

Back 90

Cover out-of- pocket expenses occurring before trial Eg. Ambulance service, hospital costs, therapy etc… Lost wages due to injury can also be calculated

Front 91

Punitive Damages: (exemplary damages)

Back 91

Intended to punish offenders for their oppressive, insensitiveor malicious behaviour Meant to condemn the conduct and discourage others fromrepeating it Libel and Slander become big issues…

Front 92

Aggravated Damages:

Back 92

Compensate the plaintiff for defendant’s intolerable conduct

Front 93

Nominal Damages:

Back 93

Used by judges as an indication of support for plaintiff Moral victory!

Front 94

Injunctions:

Back 94

Issued when the plaintiff is not as interested in monetarycompensation as in another form of judgment Basically an order to do, or not to do something…

Front 95

Contingency Fees:

Back 95

Lawyers sometimes wave “fees” (retainer!) but will sign onfor a “percentage” of award…very popular in the U.S…

Front 96

INTENTIONAL TORTS

Back 96

-Defamation of character

-Slander

-Libel

-Trespassing

-False imprisonment

-Infliction of mental suffering

-Nuisance (PRIVATE + PUBLIC)

-Occupiers’ Liability

Hint 96

8

Front 97

Defences to defamation:

Back 97

Truth, Absolute privilege (eg. MP’s),Qualified privilege (eg. teachers, creditassessors)Fair comment (eg. concert or moviereviews, food critics)

Front 98

Slander

Back 98

form of oral defamation that occurs whenwords, sounds, gestures or facialexpressions are used to lower a person’sreputation

Front 99

Libel

Back 99

defamation in permanent visual or audibleform, such as radio, TV, publications,cartoons, photographs, films etc… more serious than slander exceptions include unread personal diariesetc…

Front 100

Nuisance

Back 100

an unreasonable interference with the right TWO categories of nuisance: of others to enjoy property Private a nuisance that concerns an individual or a few persons only (eg. golf balls in backyard!) Public a nuisance that concerns an indefinite number of persons or all residents in a community (eg. noisy Super EX!, pollution etc…)

Front 101

Occupiers’ Liability

Back 101

responsibility of occupiers towards persons includes invitees (non-social) and licensees Occupiers’ Liability Act (1980) ensured that who come onto property and might be injured (non-business or implied permission) occupiers have same duty of care for invitees and licensees

Front 102

Torts fall into THREE categories:

Back 102

1) unintentional torts (negligence)2) intentional torts3) strict liability

Front 103

1) Unintentional Torts: NegligenceThere are SEVEN key elements that must be establishedin order to prove negligence:

Back 103

-Duty of Care

-Standard of Care

-Foreseeability

-The Reasonable Person

-Causation

-Actual Loss

-Burden of Proof

Front 104

Defences to Negligence

Back 104

a) Contributory Negligence

If both the plaintiff and the defendant are negligent to somedegree, damages are divided between them using theprinciple of contributory negligence

Court must determine who is MORE negligent or whetherboth parties were equally at fault

Fault is considered to lie mainly with the person who has thelast clear chance to avoid the accident, even if that persondid not cause the danger

b) Voluntary Assumption of Risk

Defendant must prove that the plaintiff clearly knew of thepossible risk of his/ her actions and made a choice to assumethat riskEg. Downhill skiing, sky diving, baseball park (foul balls)Etc…

c) Inevitable Accident

Injury or loss may result from a situation that isunavoidable, no matter what precautions the reasonableperson would have taken under the circumstancesEg. Lightning strikes, heart attack while driving etc…

Hint 104

Best defence is that negligence did not occur OR that the defendant did not owe the plaintiff any duty of care

If the plaintiff was also negligent or has assumed risk voluntarily, then damages may be reduced or not awarded at all

Front 105

Parental and Vicarious Liability:

Back 105

Parents have a duty of care towards persons with whomthey and their children come in contact…reasonableprudence! Holding a “blameless” person responsible for themisconduct of another (eg. Loan friend a car = accident)

Front 106

a) Duty of Care

Back 106

the first step in a negligence action is to establish that you have a duty of care to everyone with whom you the defendant owed the plaintiff a duty of care come in contact on a daily basis to see that your actions do not cause harm to them or their property “The obligation that is required to ensure that others are not harmed by one’s actions”

Front 107

b) Standard of Care

Back 107

once a duty of care has been established between the defendant and the plaintiff, the court must determine the DEGREE of care society expects of the defendant this DEGREE or standard of care is what can be expected from all adults who are not physically or mentally challenged there are different standards of care, depending on who you are…(eg. Principal, Vice-Principal, Dept. Head, Teacher, SC Prez, Grade 11, Grade 9 etc…) one who has an “expertise” in an area would also possess a higher standard of care (eg. Lifeguard vs. good swimmer etc…)

Front 108

c) Foreseeability

Back 108

if the type of injury or loss suffered by the plaintiff could have reasonably been anticipated/ expected to result from that defendant’s action (or lack of action), then it was foreseeable very difficult standard to apply…what’s apparent to one may not necessarily be apparent to another

Front 109

d) The Reasonable Person

Back 109

related to the concept of foreseeability Main Question: “Would a reasonable person in similar circumstances have foreseen the injury to the victim as a result of his/ her actions?” The “Reasonable Person” is a mythical person whose conduct is the standard against which the actions of a negligent person are compared or measured Basically viewed as being: careful, thoughtful, normal intelligence, considerate of others…but above all, NOT perfect! Standard can change from place to place and over time

Front 110

e) Causation

Back 110

Once a court has determined that the defendant breached the required standard of care, the plaintiff must prove that the defendant’s negligent conduct was a cause of the plaintiff’s injury or loss There must be a DIRECT connection between the defendant’s negligent act and the plaintiff’s cause of action = CAUSATION The act (or omission to act) = injury to plaintiff

Front 111

f) Actual Loss

Back 111

The plaintiff must be able to prove that he/she suffered some actual injury or loss as a result of the defendant’s negligence Eg. Hair in bowl of spaghetti vs. food poisoning on day of Wedding!!!

Front 112

g) Burden of Proof

Back 112

Rests with the plaintiff who must prove all of the negligence elements on the balance of probabilities If evidence is evenly balanced between plaintiff and defendant, the plaintiff will not succeed o L.I.D = Liability, Injury and Damages o “Res Ipsa Loquitur” legal principle indicating shift to defendant to disprove negligence!

Front 113

Direct vs. circumstantial evidence

Back 113

Direct would be like solid evidence ie fingerprints,witness

where circumstantial is like hearsay or even history

Front 114

The Ontario Human Rights Code

(OHRC)

write up

Back 114

Protected grounds are:Age Ancestry,

colour

, race

Citizenship

Ethnic origin

Place of origin

Creed

Disability

Family status

Marital status (including single status)

Gender identity,

gender expression

Receipt of public assistance (in housing only)

Record of offences (in employment only)

Sex (including pregnancy and breastfeeding)

Sexual orientation.

Protected social areas are:Accommodation (housing)

Contracts

Employment

Goods,

services and facilities

Membership in unions, trade or professional associations.

Front 115

“PROCEDURAL JUSTICE”

write up

Back 115

Fairness in our Criminal Justice System…

How can it be achieved?

We have implemented a “core” set of values to ensure (in conjunction with the Charter) that the “Rule of Law” is maintained.

These include:

1) Fairness · Process must be impartial toward the accused · Similar cases treated alike, different cases differently

2) Efficiency · Process must be timely

3) Clarity · Accused must understand process and charges

4) Restraint · Gov’t officials (popo’s, prosecution, judges, correctional officers etc…) must show self-discipline in treatment of accused

5) Accountability · Gov’t officials must be held responsible for their actions 6) Participation · The accused must be allowed to play an active part in the process, and the process must be open to public scrutiny.

7) Protection · To guard the accused from harm…strict gov’t regulation…

All of these concepts work within the premise of the:

LIMITS/ DUTIES and RIGHTS of individuals…. C{

Front 116

Types of evidence presented in a Criminal Trial

write up

Back 116

1) eye-witness testimony: always vulnerable due to stress, day/night/ visibility, relationship, perception, surroundings, race, context, MEMORY etc…

2) self-incriminating: evidence that would directly or indirectly help prove guilt of person giving evidence

3) privileged communication: Crown cannot compel an accused's spouse to give evidence against him or her, however they may give evidence for the defence (exceptions do exist eg. spousal abuse, sex, crimes against minors)

4) similar fact evidence: Crown can show pattern by describing similar offences committed in the past (must have significant relevance to case)

5) hearsay evidence: evidence provided by someone other than the witness exception: quoting someone who was about to die

6) opinion evidence: unless qualified as an expert, evidence is inadmissible

7) character evidence: can be admitted to support the credibility of accused

8) photographs: may be entered as evidence if they are identified as being an accurate portrait of the crime scene S3`Dv>`

Hint 116

(8)

Front 117

Rules write up

Back 117

- Simply stated, all lawsare rules, but all rules are not laws. Rules are optional, laws are mandatory.

- A rule is a restrictionthat only applies to those who agree to adopt it for their own use (eg. Nohands in soccer, LDHSS attendance, Hats in the “Aud”, jaywalkin’!)`ݍ

Front 118

History of charter of rights and it merit

write up

Back 118

it was made in 1982 - cause we didnt want to be ruled by england.

Front 119

Shawshank recap

Back 119

Red - guy who can get things

Andy show up - real smart hides taxes for prison uses when he escapes through a hole he dug

TOok place 1940-1960

Shows brutality and corruptness that take place in prisons at the time

Front 120

Section 1

Back 120

Limts

Front 121

Section 1

Back 121

Limts

Front 122

Section 2

Back 122

Fundamental freedoms

Front 123

Section 1

Back 123

Limts

Front 124

Section 2

Back 124

Fundamental freedoms

Front 125

Section 33

Back 125

Not with standing clause

Front 126

Section 1

Back 126

Limts

Front 127

Section 2

Back 127

Fundamental freedoms

Front 128

Section 33

Back 128

Not with standing clause

Front 129

Section 24

Back 129

Enforcement rights