Chapter 1 – Heritage of Law Individual and Collective Impact on Changes to the Law.
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Transcript of Chapter 1 – Heritage of Law Individual and Collective Impact on Changes to the Law.
Chapter 1 – Heritage of Law
Individual and Collective Impact on Changes to the Law
Agenda
1. Individual and Collective Impact on Changes to the Law
2. Read Anytus, Meletus and Lycos v. Socrates, 399 BCE, Athens, p.70 in textbook and do ?’s 1-4
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
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
*Independent Judicial System R. v. Daviault (1994) – SCC
Sexual assault intoxication case – court accepted intoxication defense
Medical history No mens rea
Bill C-72 passed No intoxication defence to anyone
accused of interfering or threatening to interfere with the bodily integrity of another person
Parliamentary Supremacy
*R. v. Ewanchuk (1999) Case about implied sexual consent
Job interview in trailer
Touching, 3 no’s and then didn’t object on 4th attempt
Charged with sexual assault
SCC said no basis in law for implied consent
*R. v. Morgentaler (SCC 1988)
OB-GYN Doctor who did illegal abortions
At time, was illegal to give abortions unless licensed
Case caused problems for gov’ts case, resulted in abortion laws being dropped
*Rodriguez v. BC (A.G.) (1992)
s.241 Criminal Code (CC) aid and abetting suicide
Had ALS asked to have s.241 found invalid for violating Charter s.7 (life, liberty), 12 (cruel & unusual punishment) & 15(1) (discrimination based on disability)
In Canada, passive Euthanasia is legal (pulling plug, terminal sedation)
*Rodriguez v. BC (A.G.) (1992)
SCC denied request S.7 - is to preserve life not destroy S.12 - cruelty is disease not gov’t
S.15 – too difficult (didn’t really address) More recent case in B.C. Gloria Taylor Superior Court in B.C. struck down
provisions at trial in June 2012 Being Appealed
http://www.theprovince.com/news/Gloria+Taylor+right+question+Ottawa+appeals+assisted+suicide/6930319/story.html
Bill C-384 In 2009 - Bill C-384 was proposed (didn’t
pass) Said doctors wouldn’t face criminal
prosecution for helping a person die: (a) at least 18 (b) after being given or refusing
treatment, (c) continues to "experience severe
physical or mental pain without any prospect of relief,“
(d) or suffers from terminal illness.
Bill C-384
AFEAS (a womens’ rights group) in Quebec favour euthanasia
Bill C-384
Other groups feel that opening the door to active Euthanasia (or assisted suicide) is dangerous and unnecessary
Perverse consequences on vulnerable
Quebec public hearings into euthanasia
Quebec Ministry of Justice – examining “discretion” question
*Sauve v. Gov’t of Canada (1993/2002)
1st degree murder, 25-year sentence Wanted to be able to vote Pre-1993 – if in provincial or federal
prison, can’t vote in provincial or federal elections
1993 – SCC said anyone provincial prison can vote
(Write this) 2002 – SCC said now any prisoner can vote in any election
*Lobby Groups
Lobby Groups: a person or group, which tried to influence legislators such as lawmakers and governments
*Montreal Massacre (1989) Man went into university and shot all
women (didn’t get accepted, blamed them)
Dismissed from army for mental issues
Still had fire arms in house, all legal and registered
Caused Firearms Act in 1995 http://archives.cbc.ca/society/crime_j
ustice/topics/398/
*Firearms Act Firearms Act and Long Gun Registry
Problems Many problems Harper government has now cancelled
gun registry Quebec court recently ordered Federal
government to hand over Quebec gun registry records to the Quebec government http://www.thestar.com/news/canada/politics/article/1254233--quebec-superior-court-orders-feds-to-hand-over-long-gun-registry
*Christopher Stevenson
10 year old boy was kidnapped and murdered by recently released pedophile
Mother wanted to be informed of all sex offenders in community
Led to creation of Ontario Sex Offender Registry (Harper wants to put on-line)
*Royal Commissions
Status of Women (1967)
Women could not teach if they were visibly pregnant (up to 1973)
Wage inequality (now improving)
Royal Commissions
Krever Commission (1993) Tainted blood scandal Found Hep C, HIV are blood
transmitted Without screening blood 60,000
people got Hep C and 2,000 people got HIV from blood transfusions
*Legal ScholarshipBattered Woman’s Syndrome (BWS) –
R. v. LaVallee (1990) LaVallee shot her husband in the
back of the head Justice Wilson, SCC – LaVallee was
able to use defense of self-defense Three conditions must be met…
On-going terror, frequent violence Inability to escape relationship despite
violence Escalating patterns of abuse that put her life
in danger
Other Examples of Collective Action Resulting in Change
Civil Disobedience & Protests in Canada rarely are successful
U.S. Examples American Revolution – Boston Tea Party
(Tax) Civil Rights Movement – Rosa Parks Anti-War Movement
Other Examples of Collective Action Resulting in Change
World Ghandi – peaceful protest & stopped
making salt Arab Spring – Tunisia, Egypt, Yemen
Why isn’t it civil disobedience when first Nations people protest? Because they live in sovereign nations
within Canada
Yet another election comic…
Homework Read Anytus, Meletus and Lycos v.
Socrates, 399 BCE, Athens, p.70 in textbook and do ?’s 1-4