Chapter 1: The Rule of Law

Question 1

The law in Canadian Court System is?

Example?

Answer 1

The law is retrieved and evolutive throughout the Canadian history

Example: Crime such as the legalization of Cannabis Act

Question 2

The expectation of the criminal justice system are?

Answer 2

• truth
• justice to be uphold
• convict guilty of the offense
• upholding legal rights
• fairness and equality

Question 3

Justice is related to the ideas about?

Answer 3

• fairness
• personal liberty
• respect
• tolerance
• equality
• public safety
• dope process
• appropriate punishment

Question 4

Cherished components of a democratic society: What we value?

Answer 4

• safety
• freedom
• fairness
• individualism
• ownership

Question 5

Cherished components of a democratic society: What we need to obtain and protect?

Answer 5

• government body
• support of the majority
• operational principles and individual rights
• laws
• enforcement bodies

Question 6

Difference between “Just” and “Unjust”?

Answer 6

Just - upholding rights and punishment of wrongs undertaken by the law

Unjust - very subjective and contextually bound (not based on moral rights and fair)

Question 7

The Case of Polygamy Practice relates to?

Under what section of the Charter does polygamy illegal?

Answer 7

The balance of individual rights with societal obligations to protect

Section 2-93 all forms of polygamy are illegal in Canada

Question 8

The Case of Assisted Death: Carter vs. Canada challenge the?

The Trudeau government pass what bill in June 2016?

Answer 8

Canadian Charter of Rights and Freedom: the rights to life, liberty, and security of the person

Bill C-14 allows Canadian with a terminal illness to personally choose to die with a physician’s assistance

Question 9

The first Foundational document that attempted to protect a person’s rights from arbitrary authority?

Answer 9

Magna Carta

Question 10

The requirement that all must be subjected to and abide by the law?
Means transparency of the law: clear, understandable, and transparent?

Answer 10

Rule of Law

Question 11

They do not believe in the rule of law, but rather believe in laws that they agreed upon?

Answer 11

Freeman on land

Question 12

What are the 4 principles of the rule of law?

Answer 12

1) accountability
2) public and clear
3) fair and efficient
4) timely and ethical

Question 13

What are the 4 theoretical perspectives on the law?

Answer 13

1) positivism
2) natural law
3) legal realism
4) feminism

Question 14

Rooted in the doctrine of the parliamentary supremacy

The strong line between the practice of law and the practice of politics/moral

Rooted within the notion of the social contract

Believe in the legal process that protects an individual’s democratic institution

Answer 14

Positivism

Question 15

In contrast to positivism

Clear link between law and politics/moral

Validate the law

based upon Christian Theology

Answer 15

Natural Law

Question 16

Referred to as skeptics

Believe in the understanding of political, economic, and social context is necessary to understand the law

See the law as Gray, not black and white

Answer 16

Legal realism

Question 17

What is the difference between “Aggravating” and “Mitigating”?

Answer 17

Aggravating - make the circumstances more serious

Mitigating - make the circumstances less serious

Question 18

Believe that the language and logic of law is reinforced by male value perpetuate male powers and hegemony

Answer 18

Feminism

Question 19

Three waves of Feminism?

Answer 19

1) include issues such as access to education and the voting system (late 19th and early 20th century)
2) 1960s, the plight of working women. Issues such as reproductive rights and discriminatory issues faced by racialized women
3) social activism and critique of moral, political, and social inequalities

Question 20

Based on the principles that people are equal and deserve equal rights and opportunities

Full participation and decision making of indigenous women in terms of issues about land, politics, and sovereignty

Answer 20

Indigenous feminism