10, 11, 12 Flashcards
What is the primary function of law
to establish and maintain social control through a system of codified rules and regulations
What is criminal law
enacted by legislators and modified by court decisions, define criminal behaviour and specify the sanctions imposed by violations
What is the denunciation model of sentencing
Focus on expressing societies condemnation for the offenders behaviour. Aiming to affirm societal values and norms by publicly acknwoledging that the offenders actions are unacceptable.
What is the detterence model of sentencing
Aims to prevent future crimes by instilling fear of punishment in potential offenders.
What is general detterence
seeks to dissuade the general population by showcasing consequences faced by offenders
What is specific deterrence
targets individual offenders, aiming to prevent them from reoffending by subjecting them to punishments that discourage further criminal behaviour
What is the selective incapacitation model of sentencing
focuses on identifying and incarcerating individuals who are deemed to be the most dangerous or habitual offenders.
Incapciatating them through imprisonment or other forms of confinement, aims to protect society from potential harm
What is the rehabilitation model of sentencing
emphasizes the reform and reintegration of offenders into society . focuses on addresing the uerlying causes of criminal behavjour such as substance abuse, mental health or lack of education and job skills.
What is the retributive model of sentencing
Imposing punishment as a form of moral retribution or just desert for the wrong doing from the offender. the serverity of the punishment is proportionate to the severity of the crime aiming to restore a sense of justice and balance
what is the resotrative model of sentencing
focuses on repairing the harm caused and restoring friendships between the offender, the victim and the community. emphasizes accountability, reconciliation and healing rather than punishment.
What does section 718 outline
the principles and purposes of sentencing states
What is purpose of sentencing
to protect society and contribute along with crime prevention initiatives to respect for the law and maintain a a safe and peaceful society by imposing just sanctions
What are the objectives of the sanctions put in place.
To denounce
to deter
to seperate
to assist
to provide reparations
to promote a sense of responsibility in offenders
Explain Defence of property as a defence
Allows individuals to take reasonable action to protect their property from being damage, stolen, or trespassed upon. However, actions taken must be proportionate to the threat posed to the property and excessive force may not be justified
Explain the self defence defence stance
Allows individuals to use reasonable force to protect themselves from imminent harm or danger. necessity of force used needs to be proportional to the threat faced and the requirement that the indiviausl reasonably believed that such force was necessary to protect themselves
What is the provocation defense
used in cases where an individuals actions were influenced by the provocation of another person. in some legal systems, provocation may mitigate the severity of the offnese or reduce the culpability of the defendant by showing their actions were a result of being provoked or incited by another.
What is the duress defense
when someone does something wrong because theyre forced to by someone else. like someone threatened to hurt you or your family unless you did something illegal. in ths case, you might have done something bad, but its because you were scared and had no other choice.
What is the necessity defense
when someone breaks the rules to avoid a bigger problem or danger. for example if you were driving too fast to get omeone to the hospital in an emergency.
what is consent defence.
If someone agrees to something that would normally be against the law it might not be considered a crime because the other person agreed to it willingly. so, if two people agree to have a fistfight, neither of them could be charged with assault because they both consented to it.
What is the caused by “non mental disorder conditions: defense
a persons actions were caused by something physical, not related to their mind. something like a medical condition or being under the influence of drugs or alcohol.
what is the caused by “mental disorder”defence
relates specifically to problems with someones mind, like a mental illness. if someone does something wrong becase they have a mental illness, they might use this defense to explain that their illness affected their judgement or behavior. For example, if someone with schizophrenia harms someone because they were experiencing hallucinations
What is the Constitution act of 1982
Added new elements to the canadian constitution
entrenched the charter of rights and freedoms
declaed to be the supreme law of the land
recognized and affirmed aboriginal treaty rights of indian, inuit and metis people; and prescribed rules by which the constitution act could be amended.
What did the charter strengthen
the protection of individual rights in canada
Who can claim charter rights?
protects rights of all inividuals in canada, including citizens, permanent residents and even visitors
Can charter rights be limited?
If its justified in a free and democratic society
what two rights are reserved exclusively for canadian citizens
The right to enter, remain in and leave canada and the right to vote
What are the fundamental rights outlined in section 2
guarantees certain fundamental rights such as freedom of expression, freedom of religion, freedom of assemly and freedom of association
what are the democratic rights outlined in sections 3-5
outlines rights related to participation in democratic processes such as the right to vote and run for officew
what are the mobility rights outlined in section 6
ensuring that canadian citizens can move and reside fereely within canada as well as enter and leave the country
What is included in Section 7 of the charter
Right to life, liberty, and security of the person and right not to be deprived thereof, except in acordance the principles of fundamental justice
What is two step analysis involved with section 7 of the charter
is there an infringement of one of the three protected interests
is the deprivation in accordance with the pricniples of fundamental justice?
identify the relevant principles of fundamental justice
determine whether the deprivation has occured in accordance with such principls
How are section 7 rights protected and defined?
corporations do not have individual rights protected under section 7
the right to life is engaged where the state imposes death or an increased risk of death
sancity of life is a fundamental societal value the right of life does not give the rise to a duty to live
the right of life can be waived.
What is the right to liberty
protection of person in a physical sense: and
protects a sphere of personal autonomy involving inherently private choices that go to the core of what it means to enjoy indvidual dignity an independence
rigjht to security of the person
right to control bodily integrity
What is section 15 of the charter
equality before and under the law, and equal protection and benefit of law
What is the three step framework for section 15
does the law impact or create a distinction based on an enumerated or analogous ground?
is the distinction discriminatory
if so, the government must establish that the impugned distinction qualifies under sction 15 (2)
What are the two criteria for limiting a charter right
reasonableness and demonstrable justification
How do you determine if a legislative goal is pressing and substantial
if it is sufficiently important to justify limiting a charter right
What is meant by proportionality between the objective and the means used to achieve it
proportionality between the objective and the means used to achieve it means ensuring that the limit placed on a charter right ir proportionate to the importance of the objective
What is the requirement for a rational connection between the limit and the objective
a rational connection between the limit and objective means there must be a causal link between the measure and the pressing and substantial objective
how is minimal impairment defined in relation to limiting a charter right
requires that the limit on the right or freedom is no more than resonably necessary to achieve the objective, and the government must show that there are no less rights impairing means available
what is the final balancing step in determining the justification for limiting a charter right
the final balancing step involves assesing the proportionality between the negative effects of the law and the positive effects
What are the principles of fundamental justice
Encompasses both procedural and substantive principles essential for fairness in the legal system
What types of principles fo the principles of fundamental justice include?
Principles to how the legal system operates fairly
where can you find the principles of fundamental justice
can be found in the basic tenets of the legal system INCLUDING UNDER SECTTIONS 8-14
What are the criterial for a rule or principle to be considered a principle of fundamental justice
Must be a legal principle, have significant societal consensus as fundamental to fair legal operation, and be identified with sufficeint precision
What does it mean for a principle to be a legal principle
Fundamental rule or concept within the legal system
What is the signficiance of societal consensus in determining a principle of fundamental justice
indicated widespread agreement on the principles fundamental nature
why is it important for a principle to be identified with sufficient precision
necessary to create a manageable standard for measuring deprivations of life, liberty or security of the person
Against what cn deprivation of life, liberty or security of the person be measured
agsint eh identified principles with suffiecient precision
What are the principles included in substantive fundamental justice
arbitrariness, overbreadth, and gross disproportionality
What does arbitrariness refer to
deprivation of a right being unjustified if it has no connection to the purpose of the law
How is overbreadth defined
deals with laws that are rational in part but capture conduct unrelated to the legislative objective
What does the principle of gross target
disporoportionality targets laws that may be connected to an objective but have effects so disproportionate that they cannot be supported
What is gross disproportionality
refers to situations where the seriousness of the deprivation is completely ou tof sync with the objective of the measure
How would you describe a law that is targeted by the principle of gross disproportionately
A law may be rational in eonection to its objective but its effects are excessively disproportionate
In what situation does vagueness occur?
when a law lacks precision in its full interpretative context, providing insufficient guidance for legal debate regarding the scope of prohibited conduct or areas of risk
What is the consequence of a law being vague
It doesnt offer clear guidane, leading to uncertainty about what conduct is prohibited or what constitutes an area of risk
What are human rights
basic rights and freedoms that belong to every person in the world from birth until death
What are the shared values that basic human rights are based on
dignity, fairness, equality, respect, and independence
What is the foundation of freedom, justice, and peace in the world according to the preamble?
recognition of the inherent dignity and equal and inalienable rights of all members of the human family
what has resulted from disregard and contempt for human rights, as stated in the preamble
resulted in barbarous acts that have outraged the conscience of mankind
what is proclaimed as the highest aspiration of the common people in the preamble
be in a world in which human beings shall enjoy freedom of speech beleif and freedom from fear and want
Why is it essential to protect human rights by the rule of law, according to the preamble
To prevent individuals from being compelled to resort to rebellion agains tyranny and oppression as a last resort
What does article 1 of the declaration state about human beings
that we are all born free and equal in dignity and rights
According to article 2, who is entitled rights and freedoms in the declaration
everyone is entitled to all the rights and freedoms set forth in the declaration, without any distinctions based on factors like race, color, and or religion
What are some example of distinctions that should not be amde under article 2
those based on rice, color, sex, language, religio, or politicalopinionW
What does Article 5 of the universal declaration of human rights state
article 5 prohibits torture, as well as cruel, inhuman, or degrading treatment or punishment
what is the essence of the article 6 of the universal declaration of human rights
article 6 asserts that everyone has the right to be recognized as a person before the law, regardless of their circumstance
what does article 9 of the universal declaration of human rights address?
article 9 states that no one should be subjected to arbitrary arrest, detention, or exile.
Article 11 of the universal declaration of human rights, what right does someone accused of a crime have
article 11 affirms that everyone accused of a crime has the right to be presumed innocent until proven guilty in a fair and public trial, with all necessary guarantees for their defense provided
Why are human rights important
- protects vulnerable groups from abuse
- human rights encourage freedom of speech and expression
- give people the freedom to practice their religion or not to practice
- allow people to love who they choose
5 encourages equal work and opportunities and equal pay - provide a universal standard that holds government accountable.
What does protection from discrimination cover in five areas of our lives
pservices, goods, facilities, housing, contracts, employment and membership in vocational associations and trade unions
what falls under services, goods, and facilities
schools, hospitals, shop, restaurants, sports and recreation organizations and their facilities
what is included in housing protection
the place where you live or want to live, regardless of whether you rent or own the premisews
what does the protection regarding contracts entail
the protection regarding contracts applies to both written and oral agreements
what aspects of employmenet are covered by protection from discrimination
job ads, application forms, job interviews, work assignmentsm work envrionment, trainingm promotions discipline, terminations and vollunteer duties
which organization are included in protection regarding membership
membership in vocational associations and trade unions
What is one exception related to organizations serving protected groups
an organization serving a protected group, like religious or educational institutions serving ethnic groups or people with disabilities, may choose to employ only members of that group
can an employter choose to hire or promote family
yesu
under what circusmtances can an employer discriminate based on age, sex, record of offense, or marital status
if they are genuine requirements of the job
What must employers do regarding accomodation
must accomodate to the point of undue hardship
what is the purpose of accomodation
to ensure those who can work are not unfarily excluded and adjustments an be made to working conditions wihtout causing undue hardship.
how is the employers duty regarding accomodation determined
does not have to make fundamental changes to working conditions, but they must arrange the workplace or duties to enable the employee to work if it can be done wihtout causing undue hardship
what is the test regardsing accomodation
the test is not whether it was impossible to accomodate the employees characteristics, but whether the accomodation can be provided wihtout causing undue hardship
What is the duty to accomodate
- the employer has a duty to accomodate needs not preferences
- a duty to respond equally in a dignified way
entitled to less expesnive and disruptive accomodation
Can a persons right under this act be infirnged if they are unable to fulfill essential duties due to a disability
no
under what conditions can a person be found incaoable
if its proven that their needs cannot be accomodated without causing undue hardship to the person responsible for accomodation, considering factors like cost, available funding, and health and safety requirements
what factors are considered in dtermining unduehardship
they must also consider any standards prescribed by regulations in determining whether there would be undue hardship
When is a persons right under part 1 infringed
a persons right under part 1 is infirnged when a requirement, qualification ,or factor exists, that while not discrimination on a prohibited groumd, results in the exclusion restriction, or preference of a group identified by a prohibited ground of discrimination, of which the person is a member
under what circumstances is such infringement permitted
when the requirement is reasonable and bona fide in the circumstances, or when the Act statse that discrimination based on such grounds is not an infringement of a right
what must be considered to deem a requirement reasonable and bona fide
the needs of the group of which the person is a member must be unable to be accomodated without unduehardship on the person responsible for accomodation, considering factors like cost, available funding, and health and safety requirements
what must the tribunal court consider in assessing undue hardships
consider any standards prescribed by regulations for assessing what constitutes undue hardship
