...|Carleton University |Department of Law and Legal Studies | Course Outline | | | | |Course: | |LAWS 2301T | | | | | |Term: | |Summer 2016 | | | | | |Prerequisites: | |LAWS 1000 | |Class: |Day & Time: |online | | |Room: |N/A - there is no classroom; lectures will be viewable online | | | | ...
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...Majesty The Queen Respondent and The Attorney General of Canada Intervener INDEXED AS: R. v. MORGENTALER File No.: 19556. 1986: October 7, 8, 9, 10; 1988: January 28. Present: Dickson C.J. and Beetz, Estey, McIntyre, Lamer, Wilson and La Forest JJ. ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO Constitutional law -- Charter of Rights -- Life, liberty and security of the person -- Fundamental justice -- Abortion -- Criminal Code prohibiting abortion except where life or health of woman endangered -- Whether or not abortion provisions infringe right to life, liberty and security of the person -- If so, whether or not such infringement in accord with fundamental justice -- Whether or not impugned legislation reasonable and demonstrably justified in a free and democratic society -- Canadian Charter of Rights and Freedoms, ss. 1, 7 -- Criminal Code, R.S.C. 1970, c. C-34, s. 251. Constitutional law -- Jurisdiction -- Superior court powers and inter-delegation -- Whether or not therapeutic abortion committees exercising s. 96 court functions -- Whether or not abortion provisions improperly delegate criminal law powers -- Constitution Act, 1867, ss. 91(27), 96. Constitutional law -- Charter of Rights -- Whether or not Attorney General's right of appeal constitutional -- Costs -- Whether or not prohibition on costs constitutional -- Criminal Code, R.S.C. 1970, c. C-34, ss. 605, 610(3). Criminal law -- Abortion -- Criminal Code prohibiting abortion and procuring of abortion except...
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...backgrounds and transnational groups operate as a working network that may include politicians and legitimate businesses. Criminal organization characteristics are a topic throughout this document. These four theories, Social control, alien conspiracy, strain and anomie, and differential association are also topics in the document to provide a clear understanding of the development of criminal organizations. Complications as a result of criminal organizations, combatting organized crime with limited limitations, and federal laws supporting the efforts of anti-crime. A recommendation of gaining control over organized crime is also a topic in this document. Several theories can assist law enforcement, society, researchers, and professionals by providing an insight into the early development stages of criminal organization. Each theory has facts, research, and statistics to support the theories. The data collection provides an in-depth understanding why an organized crime group’s flourish and the reason these individual engage in criminal behavior. Additionally, theories assist law enforcement with determining a demographic area and individuals at risk of engaging in organized crime. Social Control Theory The social control theory suggests that links to a person’s family and neighborhood reduces the likelihood the individual will participate in criminal behavior. Additionally, under the social control theory weighs the pros and cons versus punishment of committing a crime....
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...specific types of dispute (subject matter: civil, criminal), monetary, geographical Trial courts (court of original jurisdiction)– courts where a legal action is first brought to a judge for a decision Court of appeal – these courts hear appeal (petition) from the decisions of trial courts. They can override the decision of trial courts because they are higher ranked. * Do not hear evidence * Look for errors in law Federal Courts – deal with disputes that are within federal jurisdiction. * Taxes * actions against federal government * patent * admiralty * trademark * copyright Federal Court Trial Division -> Federal Court of Appeal -> Supreme Court of Canada Special tax courts – part of federal court system. Provincial courts Criminal Courts Magistrate’s or Provincial Court – trial court. Initially deals with all criminal matters Provincial Supreme courts – more serious issues Youth Court Criminal Courts of appeal Civil courts – deals with disputes between individuals Small claim courts – limit to certain amount of money depending on province Surrogate courts (probate) – deals with wills and estates of deceased people Family courts – custody issues, payments, not criminal in ordinary sense Civil courts of appeal Provincial court of appeal Supreme court of Canada – in civil cases requires leave (permission) to appeal Enforcement of criminal law – usually same court as civil law * Minor or lesser offences dealt with by way...
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...crime groups in the 1970’s and was one of the most powerful one at that. Gangs are getting smarter at keeping their criminal activities under the radar to law enforcement and to ordinary citizens. Business owners are starting to get involved in illegal activity over greed. Organized crime is taking over all over the world and drugs are a big factor. Identify the problems presented and the various relationships established by organized crime. The FBI defines organized crime “as any group having some manner of a formalized structure and whose primary objective is to obtain money through illegal activities” (Organized Crime). Organized crime just does not affect those in a gang or those doing illegal activities. IT affects everyone as a whole, locales, region, or the entire country. The Tsarnaev brothers were part of the Al Qaeda group, they killed four people at one of the biggest marathon in the United States and it affected the nation. The various relationships established by organized crime are cargo theft, fraud, robbery, kidnapping for ransom, and the demanding of protection payments. Describe the legal limitations associated with combating organized crime, including a critique of major federal laws and strategies that support this effort. The legal limitations associated with combating organized crime are placed to help the operating procedures with every law enforcement agency. Limitations exist to help ensure that the police recognize the rights and privileges guaranteed...
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...Contents I. Abstract 2 II. Introduction 2 III. The Legal and Social Position in India 5 III.1 Religious Views on the issue of euthanasia 7 IV. Legal and Social Position in Canada 8 V. Comparative Analysis 13 VI. Stance of the medical practitioners as per the medical ethics 15 VII. Conclusion 15 Abstract It is often said that every person has a right to life and that too a right to live with dignity. There have been a number of scholars who have argued that the right to life which has been granted to a person would be useless if certain rights ancillary to the right are not being provided to the individual. A few of these rights include the right to food, right to clean and hygienic environment, right to personal liberty, right to make a choice and right to live a dignified life. But on analysing the right with a liberal view and expanding the scope of the ‘right to life’ a little the question that arises is whether the ‘right to life’ include a ‘right to die’? As per a layman’s understanding, the question that whether you want to live or die is a personal decision. The Constitution or any other Law should not dictate that whether we should exercise that right of ours or not. This is because of the prime reason that because the Government, who is making the Law, does not know the problems with an individual’s life therefore it cannot be competent enough to make a decision. However, this is not all this simple. A fair and considered evaluation...
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...Innocence at Stake: Possibility of DNA Collection from Arrestees in Canada Md Washim Ahmed ABSTRACT Followed by a decision of the Supreme Court of the United States, which approved the collection of a defendant’s DNA upon arrests under the Fourth Amendment, the Minister of Justice, Peter MacKay indicated in an interview with the Globe and Mail that he and his Ministry are considering a similar model for Canada. This paper examines the possibility of a similar legislative framework in Canada and argues that although collection of DNA upon arrests was found justified under the Fourth Amendment, it does not necessarily mean that it will be found justified under the Canadian Charter of Rights and Freedoms. While s.8 of the Charter seems to give similar protection as the Fourth Amendment, they have very different requirements for judicial authorization, reasonableness and standard of “probable cause”. Scrutinizing those different requirements and standards, this paper holds that the process of DNA collection is highly intrusive and would be a serious violation of s.8 of the Charter as it could reveal an excessive amount of private information about an individual over which he/she has a strong reasonable expectation of privacy. Furthermore, it will deprive people from their right to be presumed innocent, which is protected under s.11 (d) and significantly impact socially marginalized groups. Finally, this paper conducts an analysis of the violations under s.1 of...
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...there are some situations brought to the public’s attention that sparked awareness towards the issue of euthanasia and assisted suicide as well as further challenge Canada's Criminal Code. The R. v. Latimer case (1993) was an extraordinarily complicated case, commonly referred to as a "hard case" since it did not fit comfortably within the existing legal structure (Bauslaugh, 2010). On October 24, 1993, Robert Latimer killed his twelve-year-old daughter Tracy. Tracy suffered from a cerebral palsy; a muscle control disorder caused by brain damage from lack of oxygen to the brain. Tracy had the mental capacity of a four to five month old baby and had experienced multiple seizures daily since her birth. As Tracy's condition progressed,...
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...Article or Case Law Search In this article we will learn how Canada has sought to regulate assisted reproduction and reproductive medicine at the federal level. We will see how decisions about healthcare made in other countries impacts the United States as well as globally. The U.S. Supreme Court has long been in dispute about whether it is appropriate for the justices to take into account the views of courts in other countries. There are no comparable arguments about the importance of medical conclusions from other countries, because human anatomy and physiology are unanimous. But, law is jurisdictional. (George J. Annas, 2011) However, there are lessons to be can learned from legal controversies in foreign courts. The latest verdict of the Canadian Supreme Court on the regulation of reproductive medicine is a key model, especially because it divided the court in a five-to-four decision, giving both sides the chance to articulate powerfully held points of view. (George J. Annas, 2011) Canada’s bottom line is that reproductive medicine is a part of the practice of medicine, and since regulation of the practice of medicine is a provincial authority, supervision of reproductive medicine is not constitutional when operated by the federal government (unless it involves the prohibition of an activity that is inherently “evil”). When the justices arrived at the conclusion that procedures (and possible procedures) in the area of reproductive medicine could be split into “immoral”...
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...world of Canada, judges use rape myths to get perpetrators to be released by allowing them to live off easy without time in prison, or without the following punishments stated in the criminal code of Canada. There have been several occasions where the legal system let the accused get away with violations of the criminal code of Canada and therefore, it is evident through cases of sexual harassment, rape incidents, and sexual child abuse that involve children of ages 4-18 years-old. Although the government recognizes these offences, they treat these cases as if it is insignificant. Therefore, it will...
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...The Supreme Court of Canada is the highest court in the country and decides on many key issues such as criminal law, civil law, federalism, and individual rights and freedoms. The Supreme Court of Canada was established by an Act of the National Parliament in 1875 and it consists of nine judges who are appointed by the Governor General on the advice of the prime minister and cabinet (Malcomson & Myers, 1996). It is almost mandatory that the court has regional representation and meets certain requirements such as having at minimum three judges who are familiar with Quebec’s civil law system, at least one judge who is from the area of Atlantic Canada, and a minimum of two judges that are from the west (Malcomson & Myers, 1996, p.150). These judges...
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...throughout Canada and all have found that Aboriginal people are clearly over-represented in Canada’s criminal justice system. Each study has provided many reasons for the high incarceration rates. A justice system that is not responsive to the experiences and needs of Aboriginal people contributes to the high Aboriginal incarceration levels. Many Aboriginal people have other social factors that contribute to their overrepresentation in the criminal justice system. “Aboriginal peoples experience disproportionately high rates of crime and victimization, are over-represented in the court and the correctional system, and further, feel a deep alienation from a justice system that is to them foreign and inaccessible, and reflects both overt and systemic racism.” (“Aboriginal People,” n.d) The overrepresentation of Aboriginals is a long-standing problem. Reports over the years have pointed to institutional bias within the criminal justice system as a cause for this problem. Courts were more inclined to deny bail and to impose more and longer prison sentences on Aboriginal people than on non-Aboriginals. (“Combating aboriginal”, 2012) Aboriginal accused are more likely to be denied bail and spend more time in pre-trial custody than non-Aboriginal people. One of the reasons for Aboriginal over-representation is related to interpretive problems. The Canadian Criminal Justice System is based on a system of offender punishment and deterrence. That is, Canada is attempting...
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...necessary to conduct a search. Fourth Amendment Search and Seizure The Fourth Amendment guarantees “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches or seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (Schmalleger,F., 2012). This means the police cannot just barge into your home without proper authority and reason for the purpose of a search as this would be unreasonable. The law enforcement agent therefore must seek a warrant. A search warrant is ordered by a judge, magistrate, or the Supreme Court. A judge may issue a search warrant if the agency requesting the warrant has showed by an affidavit that probable cause exists that criminal activity has taken place. The affidavit must list all information and evidence the officer is knowledgeable of at the time the warrant is requested. A search warrant may be issued if the judge feels there is sufficient evidence to constitute probable cause enough...
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...Transport Canada’s Construction Standards for Small Vessels specify how small vessels that are equipped with a motor, are up to 24 m in length and operate in Canada, must be built. A Compliance Notice is a statement from the manufacturer or importer that a vessel is built according to the construction requirements of the Small Vessel Regulations. If you plan to sell, import, build or rebuild such a vessel, you are required to make sure it meets these construction standards. Pleasure craft that meet these construction standards should be equipped with a Compliance Notice. Compliance Notices for pleasure craft up to 6 m in length also have information on recommended maximum safe limits in good weather. Compliance Notices can be a small metal plate or label affixed to the hull of your craft. Examples of Compliance Notices are depicted on this page. Do I need one? Canadian boating laws require that a Compliance Notice must be affixed to all pleasure craft propelled (or designed to be propelled) by a motor and that are built in or imported into Canada in order to be sold or operated in Canada, except pleasure craft 24 m and above. Owners of pleasure craft may obtain individual Compliance Notices from the original manufacturer. You also need a Compliance Notice in order to license or register your boat. For more information visit www.tc.gc.ca. BACK TO TOP What information is on a compliance label? Compliance Notices for pleasure boats less than 6 m in length provide three...
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...Running head: MEDICAL ETHICS: THE TRUTH BEHIND END OF LIFE MATTER 1 HLST 4010 Professor Geoffrey Reaume Lilyana Nooro 211862935 April 7th, 2015 MEDICAL ETHICS: THE TRUTH BEHIND END OF LIFE MATTER 2 Medical Ethics: The truth behind end of life matter When it comes to death and dying, the medical processes of these notions are highly controversial in ethical means. All forms of end of life are illegal in Canada, whether it is voluntary/non-voluntary euthanasia, assisted suicide, and some cases of refusal of treatment. These procedures affect someone who is terminally ill, undergoing a disease, experiencing severe,...
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