Unit 1 - Legal Foundations Pt. 5 Flashcards
Keeping the Law up to Date
Changes –> Constantly reforming laws = system of justice meeting challenges of our society
Censorship
Suppression or prohibition of any parts of books, films, news, etc. that are considered obscene, politically unacceptable, or a threat to society.
Section 2b of the Charter of Rights & Freedoms
Guarantees freedom of thought, belief, opinion, + expression. NO guarantees of absolute freedom of the media –> s. 1: Reasonable Limits clause
A Delicate Balancing Act
- Between state role in gauranteeing national security (collective rights) + individual freedoms
- Between individuals/media right to FOE + ‘rightness’ of selective censorship
Classes of Criminal Expression
- 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
Section 117
Prohibit willingly spreading false news.
Jury
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
Jury Member
A person who has info that either party believes useful may be called. They can be summoned by subpoena –> must testify or face penalty.
Expert Witness
Ppl whose knowledge about a particular subject can help the court w/ answers to technical questions.
Ignorance of the Law
NOT AN EXCUSE OR DEFENCE
- Laws are publicly debated
- Public is expected to know what is legal + what is not
The Duty to Know the Law
Citizens must ensure they are acting legally.
Department of Justice
- 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
Police & Crown
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.
3 Functions of Police
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.
Parliamentary Supremacy
A legislative body is supreme to all other gov. institutions, including any executive or judicial bodies.
