Unit 1 - Legal Foundations Pt. 5

Question 1

Keeping the Law up to Date

Answer 1

Changes –> Constantly reforming laws = system of justice meeting challenges of our society

Question 2

Censorship

Answer 2

Suppression or prohibition of any parts of books, films, news, etc. that are considered obscene, politically unacceptable, or a threat to society.

Question 3

Section 2b of the Charter of Rights & Freedoms

Answer 3

Guarantees freedom of thought, belief, opinion, + expression. NO guarantees of absolute freedom of the media –> s. 1: Reasonable Limits clause

Question 4

A Delicate Balancing Act

Answer 4

• Between state role in gauranteeing national security (collective rights) + individual freedoms
• Between individuals/media right to FOE + ‘rightness’ of selective censorship

Question 5

Classes of Criminal Expression

Answer 5

• Incitement of ‘violence against state’ (seditious libel)
• Incitement of cultural genocide: s. 319 of the Criminal Code (1970)
• S. 117 : Prohibit willingly spreading false news

Question 6

Section 117

Answer 6

Prohibit willingly spreading false news.

Question 7

Jury

Answer 7

Group of people who try an accused charged w/ a criminal offences or named in a civil case.
- Criminal Law: 12 jurors
- Civil Trial: 6 jurors

Question 8

Jury Member

Answer 8

A person who has info that either party believes useful may be called. They can be summoned by subpoena –> must testify or face penalty.

Question 9

Expert Witness

Answer 9

Ppl whose knowledge about a particular subject can help the court w/ answers to technical questions.

Question 10

Ignorance of the Law

Answer 10

NOT AN EXCUSE OR DEFENCE
- Laws are publicly debated
- Public is expected to know what is legal + what is not

Question 11

The Duty to Know the Law

Answer 11

Citizens must ensure they are acting legally.

Question 12

Department of Justice

Answer 12

• Ensures justice system is fair, accessible, + efficient
• Ensures all draft regulations are legally valid, in both official languages + take into account both Canada’s legal systems
• Regularly review existing laws + identify emerging issues

Question 13

Police & Crown

Answer 13

POLICE: Have NO power to lay a charge

CROWN: All matters are reviewed by Crown prosecutors before they proceed. They must consider whether or not, based on evidence, there is a likelihood of conviction + whether or not prosecution is in public interest.

Question 14

3 Functions of Police

Answer 14

CRIME CONTROL: Responding + investigating crimes _ patrolling the streets to prevent offences.

ORDER MAINTENANCE: Preventing + controlling behaviour that disturbs the public space.

SERVICE: Provision of a wide range of services to the community.

Question 15

Parliamentary Supremacy

Answer 15

A legislative body is supreme to all other gov. institutions, including any executive or judicial bodies.

Question 16

Federal Court Trial Division

Answer 16

Hears + decides legal disputes arising in the federal domain.
EX. Claims against the gov. of Canada + civil suits in federally-regulated areas. –> copyrights & trademarks.