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Chapter 1 – Heritage of Law

Chapter 1 – Heritage of Law. Individual and Collective Impact on Changes to the Law. Agenda. 1. Individual and Collective Impact on Changes to the Law 2. Read Anytus , Meletus and Lycos v. Socrates, 399 BCE, Athens, p.70 in textbook and do ?’s 1-4. Learning Goal for Today.

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Chapter 1 – Heritage of Law

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  1. Chapter 1 – Heritage of Law

    Individual and Collective Impact on Changes to the Law
  2. Agenda 1. Individual and Collective Impact on Changes to the Law 2. Read Anytus, Meletus and Lycos v. Socrates, 399 BCE, Athens, p.70 in textbook and do ?’s 1-4
  3. Learning Goal for Today By the end of the lesson, students will be able to explain how law changes and how individuals and collective groups have influenced changes to the law
  4. Expectations Evaluate the influence of individual citizens who have fought to change the law Assess the role of collective action in changing the law in democracies CGE4c – responds to, manages and constructively influences change in a discerning manner CGe7d – promotes the sacredness of life
  5. *Independent Judicial System R. v. Daviault (1994) – SCC Sexual assault intoxication case – court accepted intoxication defense Medical history No mensrea Bill C-72 passed No intoxication defence to anyone accused of interfering or threatening to interfere with the bodily integrity of another person Parliamentary Supremacy
  6. *R. v. Ewanchuk (1999) Case about implied sexual consent Job interview in trailer Touching, 3 no’s and then didn’t object on 4th attempt Charged with sexual assault SCC said no basis in law for implied consent
  7. *R. v. Morgentaler (SCC 1988) OB-GYN Doctor who did illegal abortions At time, was illegal to give abortions unless licensed Case caused problems for gov’ts case, resulted in abortion laws being dropped
  8. *Rodriguez v. BC (A.G.) (1992) s.241 Criminal Code (CC) aid and abetting suicide Had ALS asked to have s.241 found invalid for violating Charter s.7 (life, liberty), 12 (cruel & unusual punishment) & 15(1) (discrimination based on disability) In Canada, passive Euthanasia is legal (pulling plug, terminal sedation)
  9. *Rodriguez v. BC (A.G.) (1992) SCC denied request S.7 - is to preserve life not destroy S.12 - cruelty is disease not gov’t S.15 – too difficult (didn’t really address) More recent case in B.C. Gloria Taylor Superior Court in B.C. struck down provisions at trial in June 2012 Being Appealed http://www.theprovince.com/news/Gloria+Taylor+right+question+Ottawa+appeals+assisted+suicide/6930319/story.html
  10. Bill C-384 In 2009 - Bill C-384 was proposed (didn’t pass) Said doctors wouldn’t face criminal prosecution for helping a person die: (a) at least 18 (b) after being given or refusing treatment, (c) continues to "experience severe physical or mental pain without any prospect of relief,“ (d) or suffers from terminal illness.
  11. Bill C-384 AFEAS (a womens’ rights group) in Quebec favour euthanasia
  12. Bill C-384 Other groups feel that opening the door to active Euthanasia (or assisted suicide) is dangerous and unnecessary Perverse consequences on vulnerable
  13. Quebec public hearings into euthanasia Quebec Ministry of Justice – examining “discretion” question
  14. *Sauvev. Gov’t of Canada (1993/2002) 1st degree murder, 25-year sentence Wanted to be able to vote Pre-1993 – if in provincial or federal prison, can’t vote in provincial or federal elections 1993 – SCC said anyone provincial prison can vote (Write this) 2002 – SCC said now any prisoner can vote in any election
  15. *Lobby Groups Lobby Groups: a person or group, which tried to influence legislators such as lawmakers and governments
  16. *Montreal Massacre (1989) Man went into university and shot all women (didn’t get accepted, blamed them) Dismissed from army for mental issues Still had fire arms in house, all legal and registered Caused Firearms Act in 1995 http://archives.cbc.ca/society/crime_justice/topics/398/
  17. *Firearms Act Firearms Act and Long Gun Registry Problems Many problems Harper government has now cancelled gun registry Quebec court recently ordered Federal government to hand over Quebec gun registry records to the Quebec government http://www.thestar.com/news/canada/politics/article/1254233--quebec-superior-court-orders-feds-to-hand-over-long-gun-registry
  18. *Christopher Stevenson 10 year old boy was kidnapped and murdered by recently released pedophile Mother wanted to be informed of all sex offenders in community Led to creation of Ontario Sex Offender Registry (Harper wants to put on-line)
  19. *Royal Commissions Status of Women (1967) Women could not teach if they were visibly pregnant (up to 1973) Wage inequality (now improving)
  20. Royal Commissions Krever Commission (1993) Tainted blood scandal Found Hep C, HIV are blood transmitted Without screening blood 60,000 people got Hep C and 2,000 people got HIV from blood transfusions
  21. *Legal Scholarship Battered Woman’s Syndrome (BWS) – R. v. LaVallee (1990) LaValleeshot her husband in the back of the head Justice Wilson, SCC – LaVallee was able to use defense of self-defense Three conditions must be met… On-going terror, frequent violence Inability to escape relationship despite violence Escalating patterns of abuse that put her life in danger
  22. Other Examples of Collective Action Resulting in Change Civil Disobedience & Protests in Canada rarely are successful U.S. Examples American Revolution – Boston Tea Party (Tax) Civil Rights Movement – Rosa Parks Anti-War Movement
  23. Other Examples of Collective Action Resulting in Change World Ghandi – peaceful protest & stopped making salt Arab Spring – Tunisia, Egypt, Yemen Why isn’t it civil disobedience when first Nations people protest? Because they live in sovereign nations within Canada
  24. Yet another election comic…
  25. Homework Read Anytus, Meletus and Lycos v. Socrates, 399 BCE, Athens, p.70 in textbook and do ?’s 1-4
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