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80 Cards in this Set
- Front
- Back
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Charter of rights and freedoms |
A set of laws containing basic rules on how our country operates and contains a statement of the basic rights of citizens of Canada. |
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BNA |
British North American act, is the core constitution of Canada. Enacted by the Parliament of the United kingdom and parliament of Canada |
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Magna Carta |
"The Great Charter" a charter agreed by King John of England. A document constituting a fundamental guarantee of rights and privileges. |
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Criminal Code |
A code that defines types of conduct that constitute criminal offenses and also establish the kind and degree of punishment that may be given to the convicted. |
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Gandi |
Led India to independence and inspired movements for civil rights and freedoms across the world (civil disobedience, non violent) |
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Nelson Mandela |
south African anti-arpatheid revolutionary, politician and philan therapist who served as president of South Africa. Focus on dismantling the legacy of apartheid through tackling racism, poverty, and inequality, and fostering racial reconciliation |
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Martin Luther King Jr |
American Baptist minister, activist, humanitarian, and leader in the African-American Civil rights Movement. Known for role in the advancement in civil rights using non violent civil disobedience. |
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Canadian Association of Chiefs of Police |
A national organization that lobbied to reform Canada's gun laws after Montreal massacre. A law was mad making it mandatory for all gun owners to register their weapons |
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Lobby Group |
A number of people trying to influence legislators on behalf of a particular cause or interest. |
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Royal Comission |
A board of inquiry appointed by the government to investigate and report on a particular issue. |
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Aggravating factor |
Factors that increase criminal responsibility, for example the use of violence. |
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Exculpating Factor |
Factors that clear a defendant of blame |
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Prosecution |
the institution and conducting of legal proceedings against someone in respect of a criminal charge. |
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Defence |
Opposing the crown, the team of lawyers and the accused try to prove the accused's innocence |
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The Lord 's Day Act |
Part of The big market food company and sold produce on the Sunday which is against the act and went into a civil suit where it was a strike down because it violated section 2 of the charter religious freedoms |
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Statute |
A written law passed by the legislative body |
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Common law |
Law developed by judges through decisions of courts and similar tribunals. |
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Case Law |
Law established by the outcome of former cases ... developed from the British |
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Mischief Rule |
One of the rules developed to help with statutory interpretation. This rule is to help them understand a statute better by focusing on the problem or mischief that state was intended to correct |
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Stare Decisis |
To stand by the decision |
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Substantive Law |
A law that identifies the rights and duties of a person or level of government-->constitution 92 |
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Procedural Law |
A law that outlines the methods or procedures that must be followed in enforcing substantive laws |
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Property Law |
The area of property law that applies primarily to the buying, selling, and renting of land and buildings and the use to which lands may be put |
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Civil law |
Deals with disputes between people, businesses, and organizations (divorce law) |
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Legal realism |
View of law that legal rules are based on non decisions given in interest of the larger societies |
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Marxism |
Method of societal analysis focusing on class relations and societal conflict or difference |
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Positive Laws |
Human made laws that oblige or specify an action and enacted by an established government |
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Natural Law |
Types of law supposedly determined by nature |
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Feminist Jurisprudence |
The theory that law is an instrument of oppression by men against women |
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Bill of rights |
It provides Canadians with certain quasi-constitutional[2] rights at Canadian federal law in relation to other federal statutes. It was the earliest expression of human rights law at the federal level in Canada |
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John diefenbaker |
Introduced the legislation and the Canadian bill of rights |
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Pierre Trudeau |
Prime minister of canada |
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Entrenched |
Forming part of the Constitution and amend only through the formal constitutional process |
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Strike down |
To rule that a piece of legislation is inconsistent with the charter and is no longer valid |
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Read down |
To rule that while a piece of legislation may generally be consistent with the charter, it is inconsistent with the particular case at hand |
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Reasonable limits |
Restrictions on rights and freedoms that are imposed if merits of the limits are determined to advance society's interests |
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Equality Rights |
A section of the charter stating all are equal under the law |
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Notwithstanding Clause |
A clause in the charter that may be invoked by parliament or provincial legislatures to override basic charter provisions |
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Acts reus |
The act of omission or a wrongful act |
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Due dilligence |
The defence tries to prove that the accused did everything they could to prevent the incident and that they should not be blamed |
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Men's Rea |
The intent mentally to commit a wrongful act |
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Subjective intent |
The actual state of a person's mind when committing the offense |
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Requisite intention |
The men's Rea that the crown is required to establish in order to convict an accused of an offense |
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DNA |
Biological compound that for cell chromosomes from which genetic information can be obtained |
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Preliminary inquiry |
A hearing held to determine whether sufficient evidence exists to commit an accused for trial in superior jurisdiction |
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Supreme court |
3 judges from ontario 3 from the West 2 from the east and 1 from... 9 total |
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Recognizance |
A document designed to ensure the accused's attendance in court. Done at the police station after arrest and the accused promises to pay a sum if they do not appear |
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Disclosure |
The giving of information |
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Bias |
When there is a favoring for one side |
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Hearsay |
Evidence consisting of matters that a witness was told |
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Negative defence |
A defence that raises a reasonable doubt whether the accused committed the offense charge |
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Affirmitive defence |
A defence that justifies an accused's criminal conduct |
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Mistake of fact |
An accused person who is mistaken about the factual context in which am alleged offense was comic ted may not possess the men's Rea required for a conviction |
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Automatism |
One fundemental principle of criminal liability is voluntariness. For the accused to be found guilty the actus reus of an offense must be committed voluntarily |
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Mental disorder |
A disorder that can affect a person's behaviour, judgement and how they act in society. Can be physical or psychological disorder |
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Parti Quebecois |
A political parti that tried to have Quebec Separate from the rest of canada |
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Sovereignty association |
The concept put forth by the parti Quebecois government of Rene Levesque, whereby Quebec would become a sovereign jurisdiction in all areas of law making but would maintain economic association with the rest of Canada |
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Federalism |
Canada's for of political organization in which the federal government governs the country as a whole, while provinces and territories have specific, limited powers. |
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Patriation |
Bring decision making powers regarding the Constitution under Canadian control |
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Clarity Act |
December 13, 1999 this act was put in place. It outlined the rules and conditions to be met should the Canadian government enter into negotiations following a referendum that could lead to the break up of Canada |
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Bill 101 |
The Charter of the French Language and was put in place to address longstanding inequities between the French and the English in Canada |
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Referendum |
a general vote by the electorate on a single political question that has been referred to them for a direct decision. |
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Maitres chez nous |
The quiet revolution |
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Separatism |
The desire to establish a politically independent Quebec and to withdraw from confederation |
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Royal Proclimation |
Recognized aboriginal people as autonomous political units and established framework for future treaties. They were entitled to lands and could only trad and no one could buy the land |
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Indian Act |
Defined who was Indian and imposed major changed many way in which chiefs and councils could be elected. It also protected their lands |
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Interpretive presumption |
Inference that must accompany the interpretation of law |
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Ambit of the offence |
Scope of a legal prohibition |
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Culpability |
Guilt or blameworthiness |
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Coroner |
an official who investigates violent, sudden, or suspicious deaths. |
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Case officer |
The officer in charge of an investigation |
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Promise to appear |
A document designed to ensure the accused's attendance in court. It is issued by the officer in charge of a police station after arrest |
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Examination in chief |
Oral examination of a witness by the lawyer who summoned the witness to testify |
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Summons |
A document designed to ensure an accused's attendance in court. Issued by the the justice or Jude after the arrest |
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Plea bargaining |
A process in which the defence negotiates with the crown usually agreeing to plead guilty in exchange for a lesser charge and a recommendation for a lighter sentence |
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Strict liability |
Culpability based on the commission of an actus reus and iniquity to prove the defence of due dilligence |
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Absolute liability |
Culpability based on the Comission of an actus reus without regard to the men's rea |
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Aboriginal influences |
This constitution the aboriginals created way back now is layer out within the Indian Act and on reserves they can make their own bylaws |
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Peremptory challenge |
a defendant's or lawyer's objection to a proposed juror, made without needing to give a reason. |
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NCR aquittee |
A person found not criminally responsible at trial |
