Part A International Legal Issues

Question 1

Assault (levels)

Answer 1

in criminal law, the term for the three levels of assault (assault, assault causing bodily harm, aggravated assault); in tort law, the threat of danger or violence (rather than any actual contact, which is battery in tort law)

Question 2

Level one Assault:

Answer 2

Applying intentional force to another person without that person’s consent
Attempting or threatening, by an act or a gesture, to apply force against someone

Question 3

Level Two Assault:

Answer 3

Second level of assault causing bodily harm
Involves physical attack with a weapon, such as knife or baseball bat
This attack usually causes bodily harm to the victim, that requires medical attention

Question 4

Level Three Assault:

Answer 4

Most severe level of assault is aggravated assault
This is an attack so severe that the physical injuries may threaten the life of the victim

Question 5

Break and Enter

Answer 5

To enter another’s premises without permission by breaking or opening anything that is closed; also called burglary

Question 6

Manslaughter

Answer 6

Causing the death of a person, directly or indirectly, by means on an unlawful act. Manslaughter is not murder and requires only general intent
Culpable homicide that is not murder or infanticide

Question 7

Murder

Answer 7

The deliberate killing of another person. There is clear intent to kill, and may also happen when there is no intent. Two categories: First-degree murder and second-degree murder.
First degree murder - Planned and deliberate murder, the victim is a law enforcement agent, or death occurs while another crime is being committed
Second degree murder - Any other murder

Question 8

Robbery

Answer 8

Robbery is illegally taking someone’s property without permission. Robbery is also theft involving violence or the threat of violence using a weapon
When the crown is basing its case on Robbery, it must be proven that the victim felt threatened.

Question 9

Homicide

Answer 9

Killing another human being, directly or indirectly. Can either be culpable or uncapable.
Culpable homicide: When a person causes the death of someone else, on purpose or because of recklessness. That person is to blame.
Non-culpable homicide: Homicide for which a person will not be held criminally responsible. The death was the result of a complete accident, lacking intent or blame.

Question 10

Street Racing

Answer 10

An unsanctioned and illegal form of auto racing that occurs on a public road
They range from a spontaneous contests between two cars at street corner to well organized complex events

Question 11

Terrorism

Answer 11

It is any violent action taken for political, religious, or ideological reasons, which includes killing people or harming property to create fear and further the terrorists’ goals.
Terrorism does not have to take place in Canada, however, it can be against a Canadian citizen or government located outside of the country.

Question 12

Sexual Assault

Answer 12

Sexual contact or behavior that occurs without explicit consent of the victim
Canada passed Bill C-127- Made changes to the laws of rape, which was the old term to describe sexual assault
Levels of sexual assault- Includes acts ranging from unwanted sexual touch to violent physical attacks.

Question 13

Theft

Answer 13

Taking someone’s property without their consent or damaging it so severely that it is unusable.
Theft has multiple elements which must be proven for a successful conviction:
The act must be fraudulent.
The person who is stealing must have intended to steal property that they knew was not theirs.
The person taking the item must not have any legal right to it.
The accused must have intent to deprive the owner of the item or convert it to their own use.

Question 14

The Canada Labour Code

Answer 14

A federal statute that governs labor relations and employment standards in federally regulated workplaces across Canada
Sets out minimum standards for wages, working hours, overtime pay, vacation entitlements, and other working conditions

Question 15

The Employment Standard Act Ontario

Answer 15

This act sets down the minimum standards for basic conditions of employment, laying out the legal rights and duties of employers and employees

Question 16

Canada Climate Plan

Answer 16

Introduced A Healthy Environment and a Healthy Economy

A strengthened climate plan to cut pollution, create more good jobs, and support a healthier economy and environment

In some provinces the federal carbon pricing system returns all direct proceeds from fuel charges to individuals, communities, and businesses
Approximately 90% goes directly to people when they file taxes through the Canada Carbon Rebate (CCR) - they receive more money than they pay

In March 2022, the Government of Canada introduced Canada’s 2030 Emissions Reduction Plan, which provides a roadmap for the Canadian economy to achieve 40-45% emissions reductions below 2005 levels by 2030 building upon the actions outlined in Canada’s previous climate plans.

The Pan-Canadian Framework on Clean Growth and Climate Change (PCF) is Canada’s first national climate plan developed with provinces and territories
Cuts pollution in practical and affordable ways

Question 17

Extradition Treaty - legislation and Burnes v. US

Answer 17

Summary of The Treaty Between Canada and the United States of America
Extradition Conditions: Both parties agree to extradite individuals found in their territory who have been charged with or convicted of offenses listed in the treaty.
Offenses Covered: Extradition is granted for offenses punishable by imprisonment exceeding one year, including attempts, conspiracies, or participation in such offenses.
Territorial Jurisdiction: The treaty defines the territorial jurisdiction of each contracting party, including airspace, territorial waters, vessels, and aircraft registered within their territory.
Death Penalty Assurance: If the offense for which extradition is requested carries the death penalty in the requesting state but not in the requested state, extradition may be refused unless assurances are given that the death penalty will not be imposed or executed.
Deferred Surrender: Surrender may be deferred if the person sought is already facing proceedings or serving a sentence for a different offense in the requested state.

Question 18

Burnes V. US

Answer 18

On July 7th, 1994 Rafay and Burns traveled by bus from Vancouver to Bellevue to visit Rafay’s family. Six days later at 2 a.m. Burns made a 911 call from the Rafay home reporting the deaths of Rafay’s family. The parents had been beaten to death. His disabled sister also died later that night.
Police suspected the boys in the triple murders. Both stood outside the home and did not help the sister who was then still alive.
Before they could be arrested, Rafay and Burns, both Canadian citizens, bolted to Vancouver and started spending Rafay’s inherited money, including family estate valued at a half million dollars and life insurance.
This took six years to change the Canadian law of extradition for criminals facing the death penalty in the U.S.
The Minister may seek assurances the fugitives would not get the death penalty if convicted in the U.S. The Minister of Justice did not seek such assurances for Rafay and Burns. Plans were made to extradite the pair.
The Court’s decision was that extradition of fugitives in Canada to a jurisdiction that might impose the death penalty is prohibited by section 7 of the Canadian Charter of Rights.