Introduction to Canadian and International Law

Transcription

1 Introduction to Canadian and International Law

2 Criminology Background 1st year: Intro courses 2nd year: Policing, Prisons 3rd year: Prisons/parole, Policing, Youth, Media, Crime Prevention 4th year: Mostly mandatory courses, Prison Abolition (focused on youth programs and RCMP experience)

3 Criminology Experience

4 This course will consist of four sections: 1) Legal Foundations a) This section will examine theories, events, and people who have influenced the foundations and evolution of legal systems 2) Rights and Freedoms a) This section will examine principles of human rights law, how these laws have developed, how they are protected, and how issues have or will impact these rights. 3) International Law and Dispute Resolution a) This section will examine principles & issues of International Law, factors that have influenced the development of International Law, and the interactions (treaties, conventions, agreements, conflicts) between nations. 4) International Legal Issues a) This section of the course will examine criminal, environmental, and workplac legal issues (domestically and internationally), as well as emerging legal issues.

5 Major Projects to expect 1) Society Talk Weekly a) Will take place on Fridays b) Will provide a less weighted individual task to complete for Friday s class; watch your s and Hapara for an update tonight/tomorrow morning. 2) International Issues Seminar/Paper a) Annotated Bibliography b) Seminar Presentation (most likely starting late October, early November - also on Fridays) c) Essay 3) Small Presentations, and Unit Tests, will also be included throughout the semester

6 Unit 1: Legal Foundations This unit will examine not only how law is enforced, but it will also explore the history and reformation of ideas behind social control. For example...let s take a look at law that is clearly not enforced due to changes in social norm... Chen Case Citizen s Arrest of repeat shoplifter

7 Case Study A storeowner is concerned with the behaviour of 3 teenagers in his skateboard shop, so he phones for the Police. Eric and James are caught attempting to steal T Shirts, while the John is skateboarding through the store (this is against the store s rules). When the Police officer shows up, Officer Blue tells the storeowner that he will only ask John to stop skateboarding through the store or leave, since he cannot arrest John for breaking the store rules. Officer Blue does confront Eric and James since they have committed a theft. Officer Blue does not charge James for the crime because James is his nephew. When Officer Blue arrests Eric, he drags him out of the store in handcuffs without saying a word. Based on what you know, what did Officer Blue do properly or improperly?

8 Critiquing Officer Blue Correct Behaviour Incorrect Behaviour

9 CATEGORIES OF LAW Also found on page 61 of textbook

10 CATEGORIES OF LAW Domestic Law Applies within the boundaries of a nation Can be enforced by the government and interpreted by domestic court authority In Canada, this process is carried out within the democratic process

11 CATEGORIES OF LAW International Law Consists of agreements between nations, often through an international body such as the UN Difficult for all countries to agree on these laws Even more difficult for these laws to be enforced, due to political factors

12 CATEGORIES OF LAW Substantive Law Identifies the rights and duties of a person or level of government Procedural Law Law which outlines how the state will administer and enforce substantive law. Example: Obtaining a search warrant under the Canada Evidence Act

13 Public Criminal Law Constitutional Law Administrative Law Private (Civil) Family Law Contract Law Tort Law Property Law Labour Law

14 CATEGORIES OF LAW Public Law Refers to those laws which apply to dealings between individuals and the state Constitutional Law Administrative Law Public Law

15 CONSTITUTIONAL LAW The supreme set of laws, which overrides all others, are those written in the Constitution.

16 ADMINISTRATIVE LAW Refers to the many government departments, boards, etc. that play a role in regulating the relationship between people and government. i.e. Liquor Control Board, Ministry of Transportation

17 CRIMINAL LAW Criminal Law refers to law that identifies crimes and prescribes punishment. Crimes are described in the Criminal Code of Canada and related laws such as the Controlled Drugs and Substances Act or the Youth Criminal Justice Act. Regulates offences against society

18 CRIMINAL CASE CITATION

19 CATEGORIES OF LAW Private Law Aka. Civil law Refers to those laws that apply to dealings between private individuals or organizations Its main purpose is to regulate conduct and compensate individuals who have been harmed by the wrongful actions of others. It includes..

20 PRIVATE LAW contract law: governs implied, oral, & written agreements property law: governs transfer of title regarding property tort law: governs civil wrongs between citizens that require compensation family law: governs divorce, division of assets and custody of children corporate law: governs establishment, dissolution, mergers, operation, title and control of corporate entities

21 CIVIL CASE CITATION