Chapter 1 – Heritage of Law Law and the Possibility of Change.

Chapter 1 – Heritage of Chapter 1 – Heritage of LawLaw

Law and the Possibility of Law and the Possibility of ChangeChange

AgendaAgenda

1. Law and the Possibility of Change1. Law and the Possibility of Change 2. take-up R. v. Halpern2. take-up R. v. Halpern 3. Rodriguez Case (textbook)3. Rodriguez Case (textbook)

Learning Goal for TodayLearning Goal for Today

By the end of the lesson, students By the end of the lesson, students will be able to explain how law will be able to explain how law changes and how individuals and changes and how individuals and collective groups have influenced collective groups have influenced changes to the lawchanges to the law

ExpectationsExpectations Evaluate the influence of individual Evaluate the influence of individual

citizens who have fought to change the citizens who have fought to change the lawlaw

Assess the role of collective action in Assess the role of collective action in changing the law in democracieschanging the law in democracies

CGE4c – responds to, manages and CGE4c – responds to, manages and constructively influences change in a constructively influences change in a discerning mannerdiscerning manner

CGe7d – promotes the sacredness of CGe7d – promotes the sacredness of lifelife

*Factors Driving Change*Factors Driving Change DemographicDemographic – Boomers/fewer workers – Boomers/fewer workers

Rural v. UrbanRural v. Urban - reversal - reversal

Gun RegistryGun Registry – fear/politics/perception – fear/politics/perception

*Law and the Possibility of Change*Law and the Possibility of Change

TechnologicalTechnological InternetInternet – jurisdiction and crime – jurisdiction and crime International TravelInternational Travel – travel/deeming of – travel/deeming of

sex crimessex crimes


AutomobileAutomobile – required traffic laws – required traffic laws

Medical EthicsMedical Ethics – stem cell research, – stem cell research, test-tube babies, cloningtest-tube babies, cloning

ResourcesResources – international law issues, – international law issues, Antarctica, ocean, spaceAntarctica, ocean, space


National Emergencies…National Emergencies… Income Tax 1917Income Tax 1917

Mandatory high schoolMandatory high school

911911

*Law and the Possibility of *Law and the Possibility of ChangeChange

Financial system meltdown the last Financial system meltdown the last four yearsfour years

Societal Norms and Mores ChangeSocietal Norms and Mores Change Gay marriage (R. v. Halpern)Gay marriage (R. v. Halpern) EuthanasiaEuthanasia Polygamy?Polygamy? Decriminalization of marijuana?Decriminalization of marijuana?

U.S. ConstitutionU.S. Constitution


U.S. Constitution V U.S. Constitution V amendmentamendment *No person shall… be held to answer for a *No person shall… be held to answer for a

capital, or otherwise infamous crime, unless on a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury… nor presentment or indictment of a grand jury… nor shall any person be subject for the same offense shall any person be subject for the same offense to be twice put in jeopardy of life or limb; to be twice put in jeopardy of life or limb; nor nor shall be compelled in any criminal case to be a shall be compelled in any criminal case to be a witness against himselfwitness against himself, nor be deprived of life, , nor be deprived of life, liberty, or property, without due process of law…liberty, or property, without due process of law…

*Just write “*Just write “55thth amendment rights – right against amendment rights – right against self-incrimination & due process… self-incrimination & due process… ““


Where did the 5Where did the 5thth amendment come from? amendment come from? *The U.S. right was created in reaction to the *The U.S. right was created in reaction to the

excesses of the Courts of Star Chamber and excesses of the Courts of Star Chamber and High Commission—British courts of equity that High Commission—British courts of equity that operated from 1487-1641. These courts utilized operated from 1487-1641. These courts utilized the inquisitorial method of truth-seeking as the inquisitorial method of truth-seeking as opposed to the prosecutorial, meaning that opposed to the prosecutorial, meaning that prosecutors did not bear the burden of proving prosecutors did not bear the burden of proving a case, but that sufficient "proof" came from a case, but that sufficient "proof" came from browbeating confessions out of the accused. browbeating confessions out of the accused.

*Just write *Just write reaction to “Star Chamberreaction to “Star Chamber””

Law and the Possibility of ChangeLaw and the Possibility of Change


Canada Canada does notdoes not have anything similar have anything similar to the U.S. V amendment and a witness to the U.S. V amendment and a witness in Canada (in Canada (other than an accusedother than an accused – they – they can’t be forced to testify) can’t be forced to testify) mustmust answer answer all questions but whatever is said on the all questions but whatever is said on the stand can’t be used against youstand can’t be used against you

Witness in Canada is protected against Witness in Canada is protected against that testimony being used against them that testimony being used against them in other proceedings (Charter s.13)in other proceedings (Charter s.13)


Why is Canada different than the U.S.?Why is Canada different than the U.S.?

1776 v. 18671776 v. 1867

CharterCharter

Canada Judeo-Christian beliefs; Canada Judeo-Christian beliefs; confession and forgivenessconfession and forgiveness


Privilege (against self-incrimination) – Privilege (against self-incrimination) – predated formation of U.S. because predated formation of U.S. because of state Bills of Rightsof state Bills of Rights

U.S. government - Bush - 911 – U.S. government - Bush - 911 – Guantanamo Bay - Star Chamber?Guantanamo Bay - Star Chamber?


Al-Timimi (Islamic scholar convicted in Al-Timimi (Islamic scholar convicted in U.S. of inciting terrorism)U.S. of inciting terrorism)

U.S. Intelligence authorities were allowed U.S. Intelligence authorities were allowed to make classified submissions directly to to make classified submissions directly to the judge without allowing the defense or the judge without allowing the defense or prosecutors access to themprosecutors access to them

Al-Timimi was convicted on 10 counts of Al-Timimi was convicted on 10 counts of inciting jihad and was sentenced to life in inciting jihad and was sentenced to life in prisonprison

Law and the Possibility of Law and the Possibility of ChangeChange

In 2011, in In 2011, in R. v. AhmadR. v. Ahmad, the SCC held , the SCC held that in cases involving national that in cases involving national security, if the government doesn’t security, if the government doesn’t want to have evidence revealed in want to have evidence revealed in open court, it is sometimes better to let open court, it is sometimes better to let a possible terrorist go free by staying a possible terrorist go free by staying the trial than to reveal national security the trial than to reveal national security information that would harm Canada’s information that would harm Canada’s national security by staying the trialnational security by staying the trial

Law and the Possibility of ChangeLaw and the Possibility of Change Guantanamo BayGuantanamo Bay

Combat Status Review Tribunals Combat Status Review Tribunals (Military Commissions) crafted to avoid (Military Commissions) crafted to avoid standards of American military and standards of American military and civilian justicecivilian justice

Seemed like Obama was going to close Seemed like Obama was going to close facilityfacility

Obama blinked on issueObama blinked on issue


In response to 911, the U.S. and In response to 911, the U.S. and Canada passed anti-terrorism Canada passed anti-terrorism legislation defining what a terrorist is legislation defining what a terrorist is and bringing it within the criminal and bringing it within the criminal codecode

Humour BreakHumour Break

Seatwork/HomeworkSeatwork/Homework

Homework – read Rodriquez in Homework – read Rodriquez in textbook page 17 & do ?’s 1 & 2 on textbook page 17 & do ?’s 1 & 2 on page 18 & Do Homework Addendum page 18 & Do Homework Addendum handout for Mondayhandout for Monday

Chapter 1 – Heritage of Law Law and the Possibility of Change.

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Transcript of Chapter 1 – Heritage of Law Law and the Possibility of Change.