Midterm 1 Missed Lecture Flashcards
In 2017, what did an Ontario judge rule? (3)
-federal government neglected duty to care for 16,000 Indigenous children
-these children had been taken from their families and placed with non-Indigenous families
-known as 60s scoop
What did the court say were the damages inflicted on the Indigenous people due to the 60s scoop?
-loss of identity
-contributed to addiction
-mental health issues
-fractured lives
Define prejudice
-rigid and generalized ideas about a group of people
Define discrimination
-denying groups equal access to societal rewards
Does the criminal justice system practice prejudice and discrimination?
-at times, yes
What are the 3 types of interpersonal racism?
- Hate-explicit, designed to cause fear
- Polite-couched in a congenial fashion
- Subliminal unknown to the actor
What are the two types of institutional racism?
- Systemic-unintentional and pervasive
- Systematic-intentional
What are the 2 types of cultural racism?
-everyday-language
-ideological radicalized ideas we possess as a culture
At what rate do Indigenous people experience victimization?
-more than double the national average (160 per 100,000)
Even though Indigenous people comprise 4% of the Canadian population, what percentage of homicide victims do they comprise?
-27%
What are four of the reasons Indigenous people have such high victimization and homicide rates?
-residential schools
-legal definition of Indian
-poverty/unemployment
-educational levels
Before 1983, what were the conditions required to find someone guilty of rape? (5)
-complainant had to be female
-accused had to be male
-could not be married to each other
-sexual intercourse occurred
-act of intercourse occurred without woman’s consent
What did the federal government implement in 1983? Why?
-Bill C-127
-problems within legislation around rape
What did Bill C-127 change?
-brought in three different levels and types of sexual assault
What is level 1 sexual assault?
-victim endured least amount of physical injury
-10 years max punishment
What is level 2 sexual assault?
-use of a weapon, threats of weapon or bodily harm
-14 years maximum punishment
What is level 3 sexual assault?
-wounding, maiming, disfiguring or endangering the life of the victim
-life imprisonment
What was the most controversial aspect of Bill C-127?
-restricted the use of evidence around victims sexual history
-enacted rape shield provision in criminal code
What happened to s.276 in 1991?
-rape shield provision struck down as unfair to accused
-because of cases R.v.Seaboyer; R.v.Gayme
What is the rape shield provision?
-no slut shaming
-short skirts or prostitute excuse for accused cannot be used
-cannot bring up previous sexual activity as an excuse that the complainant (victim) is more likely to have consented to sexual activity with the assault or is less worthy of belief
What happened in the Seaboyer case?
-Seaboyer charged with sexual assault with a woman whom he had been drinking at a bar with
-judge refused to allow the accused to cross-examine her on her previous sexual contact that night
-even though it could have explained bruises and other evidence on her body
Why was s.276 struck down as unfair to the accused?
-violate the charter
-violated the accused rights to a fair trial
What was implemented in 1994? (3)
-extreme drunkenness defence
-removed a year later
-back now
What was implemented in 1997? (2)
-Bill C-46 restricted full disclosure of records in sexual assault proceedings
-two stage process where judge determined whether the victims records would be disclosed to defence
What happened in the first stage outlined by Bill C-46?
-accused must convince the trial judge that documents are relevant to their case
What happened in the second stage outlined by Bill C-46?
-judge must consider whether it is necessary in the interests of justice for the defence to view personal records
