Words Flashcards
Hearings
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency or a legislative committee
A judge may order parents to attend hearings and those who do not appear can face criminal charges
Trial Procedure: No preliminary hearing is held, and a judge alone conducts all trials
Institutions
If found to be delinquent, juveniles could be sent indefinitely to correctional or training institutions
Section 92 - listed the powers of the provinces. The powers included: Hospitals, Justice, Public Lands, Municipal Institutions
Gender
Discrimination: treating individuals unfairly because of race, gender, sexual orientations, religion, age, or challenge
Canadian Bill of Rights (1960) - stated that it was illegal to discriminate based on gender
Marijuana
Cannabis - Dope, Weed, Pot, Ganga
This is sold as resin (Hash) or as a dry herb. Buds are more potent than the stalks and leaves. It is usually smoked in a roll up. Effects: users feel relaxed, giggly, and talkative. Problems: can feel anxious, paranoid and forgetful
Schedule 2: Cannabis (revoked)
Possession: Max 5 years imprisonment
Possession for the purpose of trafficking: max 5 years imprisonment
Crime
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term crime does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes
Anti Semitism
Hostility to or prejudice against Jewish people
Notwithstanding
The Charter of Rights and Freedoms: Provinces were allowed the notwithstanding clause which provided exemption from some provisions of the Charter
Legal rights can be limited by the “notwithstanding” clause of section 33
Equality Rights: Affirmative action programs do allow special treatment for those who are disadvantaged. These rights may be limited by the “notwithstanding” provisions sections 33
“Notwithstanding” (s. 33) - This section of the Charter allows the government to pass laws which may interfere with
Fundamental freedoms, Legal rights, Equality rights
This action is only valid for five years after which it must be reaffirmed
Summary Conviction
A summary offence is a criminal act that has no jury trial
Summary conviction offences are punishable to a maximum penalty of 6 month of imprisonment, a fine of $5000 or both
Invitation
Invitation to Sexual Touching - no one can invite a child under the age of 16 to touch himself/herself or them for a sexual purpose – Penalty max 10 years
Arson
It is intentional fire setting or attempting to set fire
Mental Disorder Automatism
The mental disorder automatism leads to Not Criminally Responsible finding
Non Mental Disorder Automatism
The non-mental disorder automatism leads to an acquittal
Duress
It is available when a person commits an offence while under compulsion of a threat made for the purpose of compelling him to commit it
It does not apply where the offence is high treason or treason, murder, piracy, attempted murder, sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, aggravated sexual assault, forcible abduction, hostage taking, robbery, assault with a weapon or causing bodily harm, aggravated assault, unlawfully causing bodily harm or arson
Authority
The Criminal Code protects 16 and 17 year olds against sexual exploitation, where the sexual activity occurs within a relationship of trust, authority, dependency
Sexual Exploitation - no one in a position of trust or authority over 16 or 17 years old or upon whom the young person is dependant, can touch any part of the body of the young person for a sexual purpose or invite that young person to touch himself/herself for a sexual purpose – Penalty: max 10 years
Acting in authority - This section provides a statutory defence to a criminal charge. Given the dangerous and demanding work of police, the conduct should not be judged against a standard
use of force by a police officer. The court should consider that: The officer is required or authorized by law to perform an action in the enforcement of the law. The officer acts on reasonable grounds in performing the actions ho or she is required or authorized by law to perform. The officer does not use unnecessary force.
Trespass Torts (trespass to land) - happens when a person enters the land of another without permission of proper authority. This protection includes the area above and below the actual plot of land.
Duty of Care
Generally the plaintiff in a tort law action must show that the defendant violated the relevant duty of care. Then, they have to convince a judge that this violation caused harm
Duty of Care: The first element of negligence is known as the “duty of care”. A duty of care arises when the law recognized a relationship between two parties, and due to this relationship, one party has a legal obligation to act in a certain manner toward the other
Breach: The second element of negligence is a breach of the duty of care. A person or entity (such as a business or government agency) breaches the duty of care by failing to exercise reasonable care in fulfilling the duty
Causation: The third element of negligence is causation. The breach of the duty of care must be the legal cause of the harms suffered by the injured person. There are two distinct but closely related components of legal causation: actual cause and proximate cause. Actual cause exists when but for the breach of duty of care. The injured person would not have suffered an injury. Proximate cause exists when the type and extent of the injured person’ injured were reasonable related to the breach of duty of care
Fingerprinting
Youth Criminal Justice Act: Youths can only be fingerprinted and photographed when they have been charged with indictable offences
Police Discretion
The freedom of judgment and choices given to police officers in specified circumstances in. accordance with their governing policies. Due to police discretion, police officers have a range of choices to make when faced with certain situations
Indigenous Lands
When Europeans began settling in North America during the 1600s, they formed partnerships with First Nation communities
From 1867-1921, Indigenous peoples were forced onto reserves, ‘assimilate’ them into European-Canadian culture, no indigenous self-government, no indigenous methods of justice
1997 - The Supreme Court established a test – if indigenous people could prove that they occupied land before Britain’s invasion, they had the right to claim title – it helped indigenous people with demands in treaty negotiations
Quebec
The History of Canada’s Constitution: By this act the colonies of Canada (Ontario and Quebec) were united with the colonies of Nova Scotia and New Brunswick
Agreement was finally reached between the central government and nine of the ten provinces in November of 1981, only Quebec refused to be a party to this agreement
The Meech Lake Accord 1987: This was an effort to to bring Quebec into the constitution and included the following:
1. “Distinct society” status was to be confirmed for Quebec
2. Provinces were to be given the right to nominate judges for the Supreme Court. The accord was not ratified by all ten provinces and failed
The Charlottetown Accord: This was a major constitutional amendment package which included:
1. “Distinct society” status for Quebec
2. Aboriginal self-government
3. Senate reform
It failed to pass a national referendum in October 1992
Actus Reus
Latin for a “guilty act”. For example, the crime of theft requires physically taking something (the actus reus) coupled with the intent to
Japanese Canadians
1941 - Pearl Harbor caused Japanese-Canadians to be “enemy aliens”, sent to internment camps, men were separated from their families and their property was auctioned off by the government
Causation
The third element of negligence. The breach of the duty of care must be the legal cause of the harms suffered by the injured person. There are two distinct but closely related components of legal causation: actual cause and proximate cause. Actual cause exists when but for the breach of duty of care. The injured person would not have suffered an injury. Proximate cause exists when the type and extent of the injured person’ injured were reasonable related to the breach of duty of care
hybrid Offence
A hybrid offence if the decision by the crown to prosecute based on the seriousness and type of crime
Harassment
Sexual Harassment - unwelcome actions of sexual nature toward another person
Harassment - no person shall cause other persons to fear for their safety or the safety of anyone known to them. Prohibited conduct consists of:
- Repeatedly following from place to place
- Repeatedly communicating with the other person
- Watching the place where the other person resides or works
- Engaging in threatening conduct directed to any member of the person’s family
Penalty: max not exceeding 5 years
Break and Enter
The crime of entering a building by force so as to commit burglary; breaking and entering
De Minimus Non Curat Lex
The principle excludes certain acts from criminal sanction due to triviality. The principle is based on the premise that the law should not concern itself with such matters. The doctrine is that its “harmless conduct” perpetrated by someone.
Ex - The theft of a “handful” of grapes from a grocery store, Incidental touching could be de minimus, Possession of drugs where the amounts are merely residual particles of a controlled substance
Right to Life
The right to life is the belief that a human being has the right to live and, in particular, should not be killed by another entity
Deadly Force
It can be justified where the commission of the offence is likely to cause immediate and serious injury. When considering, the court show consider the reasonable belief of the officer in all the circumstances as they existed at the time and the facts at the time
Civil
Relating to ordinary citizens and their concerns, as distinct from military or ecclesiastical matters.
2005 - Martin government changed the traditional definition of marriage and introduced the Civil Marriage Act, which defines marriage as a union between “two persons”
The government does not represent you in civil law unlike in criminal law. The conclusion of civil law is generally money
Youth
JDA ages: 7-16-18
YCJA: Those 18 and over are considered adults. Children under 12 are dealt with under provincial law such as child-welfare legislation
Persons
Persons Case (1929) - women finally gained legal recognition as “persons” in Canada
Fundamental principle of Canada’s criminal justice: An accused person is innocent until proven guilty
Head Tax
Once the CPR (Canada’s first national railroad) was finished, a head tax of $50 was imposed on any Chinese person entering Canada. The tax was meant to discourage Chinese immigration. British Columbia barred Asian people from certain professions and did not allow them to vote
Ethics
Ethics are those things deemed appropriate or not by a profession or social class that you belong to. Ethics usually have some sort of qualifier
Doli Incapax
This Latin phrase refers to the presumption in law that a child is incapable of forming the criminal intent to commit an offence
religious beliefs
Fundamental Freedoms (s. 2)
Freedom of conscience and religion
Equality Rights (s.15)
You have leal equality regardless of race, national or ethnic origin, colour, religion, sex, age, mental or physical disability
Standard of Care
Unintentional Torts (Negligent Torts) - occur when a party fails to act reasonably in a situation. Their conduct is said to be below the standard of care required in the circumstances. You need to prove and hold the person legally responsible for the defendant’s actions: duty, breach, causation, and damage
Felony
In Canada, the term misdemeanor or felony is not used. Instead, there are summary or indictable offenses. A summary offense in Canada is similar to an American misdemeanor, while an indictable offense in Canada is similar to an American felony.
Place to place
Harassment - no person shall cause other persons to fear for their safety or the safety of anyone known to them
Prohibited conduct consists of:
Repeatedly following from place to place
Fraud
Wrongful or criminal deception intended to result in financial or personal gain
A person or thing intended to deceive others, typically by unjustifiably claiming or being credited with accomplishments or qualities.
Provocation
Provocation - It is a partial defence that only applies to the charge of first or second degree murder. It can only have the effect of reducing to manslaughter. The accused’s reactions or response to the even must be equally sudden
The partial defence of provocation exists in law to acknowledge the inherent frailty of the human conditions a person can reasonable act inappropriately and disproportionately, but it is understandable to a sufficiently serious wrongful act or insult
Corrective Force
Corrective Force - Every school teacher, parent or person standing for a parent is justified in using force by way of correction toward a pupil or child who is under his care, if the force does not exceed what is reasonable
The “corrective” must also have “restrain or control”. Any punishment that endangers the life, health, or risk disfigurement will render the act unreasonable
Factors to be considered: Age and character of the child, nature of the issue, Circumstances and gravity of the correction, Effect of the punishment on the child
Plaintiff
a person(s) who brings a case against another in a court of law
Bill of rights
Existed prior to the charter, Canadian Bill of Rights (1960) - stated that it was illegal to discriminate based on gender
Trudeau
1976 - Trudeau government introduced a new system reviewed an aplicant’s various skills, personal qualities, and level of education
Homosexuality was a crime in Canada until it was removed from the Criminal Code in 1967 by Pierre Trudeau, who was Justice Minister in the Pearson’s government
The Liberal government of Pierre Trudeau finally undertook this difficult task and achieved patriation in 1982
Problems Were Faced by the Pierre Trudeau Government:
Federal-Provincial agreement in Canada, A formula to amend the constitution, The Charter of Rights and Freedoms
Law
The law is the minimal set of rules that are required in society so that we do not hurt one another. Its different from manners because while manners are concerned with maximizing conflict resolution and civil progress, the law is simple concerned with protecting us from each other
Mens Rea
Criminal intent, The state of mind indicating culpability which is required by statute as an element of a crime
Residential Schools
Refers to an extensive school system set up by the Canadian government and administered by churches that had the nominal objective of educating Indigenous children but also the more damaging and equally explicit objectives of indoctrinating them into Euro-Canadian and Christian ways of living and assimilating them into mainstream white Canadian society
Causality
Causality is influence by which one event, process, state, or object contributes to the production of another event, process, state, or object where the cause is partly responsible for the effect, and the effect is partly dependent on the cause
Indictable Offence
Very serious, There is no limitation period for indictable offence – this means that the police can charge a person years after the offence occurred
Robbery
Unlawful taking of property from a person using force
Abandonment
It must occur before the offence takes place. It is often necessary that the accused testify to explain this
Exceptions: A group have jointly planned to commit murder and the accused assisted in the initial part of the plan but then leaves part way through. A party who abandons a planned robbery but was the one who provided the others with guns can be liable for the murder arising from the robbery
Test requirements: There must be a change of intention and physical change of place, timely communication to abandon the purpose to those who desire to continue in it. The accused took reasonable steps in the circumstances either to neutralize or otherwise cancel out the effects of his or her participation or to prevent the commission of the offence
Defendant
An individual, company, or institution, a court of law who has money
Damages
The fourth element of negligence is damage. The injured person must have suffered an injury that can be remedied by money damages, which is the legal term for monetary compensation
Economic Damages compensate for victims for their out-of-pocket expenses and tangible, financial losses that an incident causes. Normally these cover hospital bills, lost income, property damage, and similar things.
Non-economic damages makes possible financial recovery for the intangible damage an accident or intentional act may cause. Lots of times this means pain, suffering, disfigurement, lost self-esteem.
Punitive Damages occur if the defendant’s actions were particularly reckless or outrageous, the judge can award the plaintiff with punitive damages. These are supposed to stop others from committing similar misconduct in the future
Wrongful Death Damages occur with families suffering with the loss of a loved one because of negligent or purposeful conduct are allowed to obtain financial compensation for their lost companionship, lost support, and other losses. Normally, the person bringing this claim must be a close relative or spouse.
First Degree Murder
There was a clear plan and plotting for the murder
Second Degree Murder
No planning but previous relationship
Manslaughter
It was an accident but still needs to be accounted for
Assault
An assault occurs when a person directly or indirectly applies force intentionally to another person without their consent or when a person attempts to apply such force, or threatens to do so. An injury need not occur for an assault to be committed, but the force used in the assault may have caused injury. In Canada, a consensual fight is not considered an assault.
Consent
The age of consent for sexual activity is 16 years
The Criminal Code protects 16 and 17 year olds against sexual exploitation, where the sexual activity occurs within a relationship of trust, authority, dependency
Consent to physical contact: The exception to this is for sports where the conduct is part of the norms of the particular sport. Thus sports players may consent to some bodily harm necessarily incidental. However, conduct that is deliberately for the purpose of inflicting injury will not be protected. Where the use of force is unreasonable and falls outside the parameters of the sport, there can be no consent
Sexual Exploitation
No one in a position of trust or authority over 16 or 17 years old or upon whom the young person is dependant, can touch any part of the body of the young person for a sexual purpose or invite that young person to touch himself/herself for a sexual purpose – Penalty: max 10 years
Luring
No person may use the internet to communicate with a young person for the purpose of facilitating the commission of a sexual or abduction offence – Penalty: max 10 years
Sexual Interference
No one can touch any part of the body of a child under the age of 16 for a sexual purpose – Penalty: max 10 years
Burglary
Unlawfully entering a home and stealing property
Theft
To steal property
John
The person who receives payment for the sexual service is called a prostitute and the person who receives such services is known by “John”
The penalties include jail time - up to 5 years and minimum cash fines that go up after a first office (John)
Alibi
This refers to evidence that supports the claim that the accused was not present when the offence took place, rending involvement impossible. All alibi evidence must be disclosed to the crown
There is no onus on the accused to prove an alibi. An alibi does not need to be proven, but rather it must simple raise a doubt
Intentional
Done on purpose; deliberate
