Monday, October 03, 2011

October Schedule

Oct 4:
Presentation: Constitution. Charter Challenge. Prepare questions for Constable Christie

Oct 6:
Charter Challenge Debate

Oct 12:
Constable Christie

REVISED!


Oct 14: 
Constitutions due for presentations; any outstanding presentations due now.

Oct 18: 
Finish any constitution presentations.
Charter Challenge Discussion.

Oct 20:
Human Rights

Oct 25:
Last Constitution Presentations
Charter Challenge: Oakes Questions

Oct 27:
Charter Challenge due; D2-3; Alon Mizrahi D2-4; Charter Challenge due Oct 31

Oct 31:
Test. See these questions:


Law in Action, Chapters 1-3

  1. What is the difference between law and justice?
  2. Why do we need laws?
  3. What is the Rule of Law?
  4. Discuss the importance of R. v. Dudley and Stevens (1884), 14 Q.B.D. 273
  5. Discuss the difference between natural law, positivist school of law, and legal realism. Refer to Dudley and Stevens.
  6. What are some historical roots of law?
  7. Describe the historical influences on Canadian law.
  8. What is meant by circuit judges?
  9. What is the basis for the rule of precedent?
  10. To what extent is the common law doctrine of habeas corpus still relevant in Canadian law toady?
  11. Which particularities in terms of law still exist in Quebec?
  12. Canada's aboriginal population had developed its own legal system before the first European settlers arrived. Explain why this may be an issue today?
  13. Describe the hierarchy of law.
  14. What is meant by jurisdiction?
  15. In Canada, lawyers talk about ultravires or intravires. Explain.
  16. Law is divided into several categories. Explain what this means.
  17. Canada's constitution is based on the BNA Act of 1867. What did this act do in terms of division of the law?
  18. Discuss the difference between a unitary system and a federal system of government.
  19. How did the BNA Act resolve conflicts of power?
  20. What does it mean when it is said the Constitution was patriated?
  21. Why did the Government of Canada bring in a Charter of Rights and Freedoms in 1982?
  22. Who makes laws in Canada and how are laws made?
  23. How can individuals affect the law-making process?
  24. What is a lobby group, and what role do lobby groups play in effecting legislative change. Provide your own examples.
  25. What can be learned from R.v. Hydro-Quebec, [1997] 3. S.C.R. 213 and R. v. Crown Zellerbach Canada Ltd, [1988] I S.C.R. 401

November Schedule
Nov 2:
Work on these questions on your own. Due: Nov 10.

Law in Action, Chapter 4

Sources:
  1. Law in Action, Ch. 4
  2. Life of a Law Student: http://www.lifeofalawstudent.com/category/1l/constitutional-law/canadian-constitutional-law/
  1. What are some important historical documents that begin guaranteeing rights? What kinds of rights are guaranteed by these documents?
  2. What are human rights?
  3. What was the purpose of the Canadian Bill of Rights and why was it not a strong guarantee of rights?
  4. Rights as described in the Charter of Rights and Freedoms are not absolute. Explain.
  5. When does the Charter of Rights apply? When does it not apply?
  6. Which three steps are being followed in order to determine if a constitutional right has been violated?
  7. What is the essence of R. v. Oakes, [1986] I S.C.R. 103?
  8. Choose one of the Fundamental Freedoms and summarize the essence of your chosen fundamental freedom. Quote appropriate cases. (a) Freedom of Conscience and Religion, (b) Freedom of Thought and Expression, (c) Freedom of Peaceful Assembly and Association,
  9. After reading pp. 93-99 (Legal Rights), research a case in which one of the issues (i) Life, Liberty, and Security of the Person, (ii) Unreasonable Search and Seizure, (iii) Arbitrary Detention or Imprisonment, (iv) Rights While Under Arrest or Detention, (v) Rights When Charged with a Criminal Offence, (vi) Cruel and Unusual Treatment or Punishment plays a role. Present your case.http://justiceeducation.ca/resources/human-rights-in-bc
  10. What were the issues in R. v. Sharpe, [2001] I. S.C.R. 45?
  11. What were the issues in RJR-MacDonald Inc. v. Canada (A.G.), [1994] I S.C.R. 311?
  12. After reading pp. 108-109, what is your position on Aboriginal Treaty Rights?

Law in Action, Chapter 5

Human Rights Link: http://justiceeducation.ca/resources/human-rights-in-bc
  1. What is the difference between stereotyping, racism, and discrimination?
  2. Research the background to Canada's Human Rights legislation. (Hint: Think about the holocaust and Canada's attitude toward First Nations people at that time. Think about the American Civil Rights movements and the discrimination that existed toward Blacks)
  3. Which categories are listed as prohibited in terms of discrimination in Canada as a result of the Canadian Human Rights Act?
  4. There are limits to how the Human Rights Act is applied in Canada. Explain.
  5. Why is it necessary to establish separate Provincial Human Rights Codes?
  6. What is the correlation between Provincial Human Rights codes and the Charter of Rights and Freedoms?
  7. In the past, it would be easy to find stores that would display such signs as “No Chinese or dogs Allowed,” or “No Negroes or Dogs Allowed.” How are these two examples similar?
  8. If any private business tried this today, what course of action would be available to those affected by such “talk?”
  9. Most Human Rights cases are linked to employment. This is because when it comes to employment, issues of discrimination are most evident. This can range from the female firefighter who is not given the job because of height requirements, the East Indian police officer because he is required by his religion to wear a turban and therefore could not become a police officer, or the teenage girl who wants to play hockey on an all-boys team and is denied such a right. Visit http://www.greggowe.com/content/the-top-10-human-rights-cases-canada and research one of Canada's top human rights cases and write a summary about it.
  10. Read Kanags Premakumar v. Air Canada (2000), C.H.R.C on p. 119 and answer the questions.
  11. What is affirmative action? Do you think it is necessary? Explain.
  12. What is the difference between constructive discrimination and direct discrimination?
  13. Similar to discrimination is harassment in the workplace. Often, it is sexual in nature and has the effect of poisoning the work environment for those affected by the “jokes.” Explain.
  14. Read all the cases in this chapter, then choose one and summarize it. Comment on its significance.



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