We gratefully acknowledge, respect, recognize and appreciate that we live, learn and work and teach on the traditional territories of the Kwanlin Dun First Nations and the Ta'an Kwächän Council.
Kwä̀nä̀schis
Law 12 Curriculum
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The FINAL Test
Please note the following:
- I tried to make it so that you can get immediate feedback on your answers but that got all messed up.
- You CAN take the test more than once.
- In order to make sure that you did every question, I had to make them all required. And then, I was trying to be helpful and I divided it into sections, which means that you HAVE to answer all questions in a section before you can proceed to the next section.
- You CAN, however, go BACK if you want to go over your answers before making your submission.
- The first "question" is your name. It does not have a point value but to put a section there for the name, I had to make it a question.
- No, you will not get a mark for putting your name on the test.
- If you would like to get credit for completing the test you better put your name on it, especially if your name is not a part of your email address.
- IF I DON'T KNOW WHO DID IT, It gets a Zero. IF I have a student name with no test submission, that student gets a Zero on this assignment.
- Put your LAST name first, ideally in caps:
- CARREY, Robin
- This is so that I can sort the submissions in the spreadsheet of responses.
- You CAN get your results sent to the email address you put in.
- You will find out which questions you got WRONG
- It will NOT give you the correct answers (but on the True / False....)
- You can submit more than one "response" to the test, but you need to go through ALL of the questions each time.
- Google Forms would not allow me to let get immediate feedback on each question and correct it the first time around.
- NO, I will not sort through the spreadsheet to find out if you answered a particular question accurately on one of multiple submissions.
- If you want a better mark, you do it over until you get the result you want.
- I will NOT accept any results after 11pm on Monday June 10th. Niet. Non. Nope. Not going to happen. That's already 8 hours later than the office deadline for my marks. Whatever you or do not have submitted on the test by that time IS your test grade.
- I will NOT accept any other work from this class any later than 3pm on Monday June 10th. Please see previous point on Niet, Non,.....
REMEMBER:
Take your time.
Read questions AND answer choices CAREFULLY.
You got this.
Semester Content
Heads UP! (This week in Law 12)
Thursday June 6th - Lab 125
Friday, June 7th is the Surviv-a-thon annual activity day. There will be no afternoon classes.
Law 12 "Magazine" - curated articles on FlipboardHere you will find a collection of articles related to issues we discuss in law class. (Please note that the visible thumbnail is just an image from one of the recently added articles.)
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Law 12 "Channel" - curated videos on YouTubeHere you will find a collection of videos related to issues we discuss in law class. (Please note that the visible video is just the first of the list.)
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Course Work & Learning Materials - Week by Week
This will include learning materials accessed digitally in the classroom, deadlines, assignments and supplementary / support materials.
If a student misses time, they are expected to access their work on this site. If there is limited access from home or the location in which a student will be spending time, students will need to use access when they are back at school in Lunch Labs, after school or on breaks, or access resources available through services like the Whitehorse Public Library, Skookum Jim Friendship Centre's After School Tutoring Program, the Kwanlin Dün Kenädän Ku House of Learning, and/or other available community resources.
Circumstances changed unexpectedly, twice in a row; students are now back on their initial schedules in which this course will be led by Ms. Robin Carrey. Ms. Carrey and all of the students in this class would like to sincerely thank Ms. Sidaway-Wolf for her expertise, her kindness, her humour and her dedication; she made the first two weeks of the course thoroughly engaging. We are all grateful for the opportunity to work with and learn from you, Ms. "Sideways-Coyote"!
Spring - Monday, April 22nd to Monday, June 10th
We kept up the practice of students having at least one lab session per week to continue working on their Human Rights Report project.
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Key Vocab:
Courtroom Analysis
- Pleading the Fifth (amendment) is American - in Canada those who are being arrested are protected from being compelled to essentially be witnesses against themselves by Section 11(c) of the CCHRF.
- Objections - the judge has to rule on each instance of an objection, and the lawyer(s), witness etc. cannot continue until that ruling has been made.
- Types of Objections - hearsay, badgering,
- "On the record" - only what is said can be put into the record (collected by the stenographer)
- Continuance - permission to extend the case, a delay of a day or more
- Adjournment - to end the court session
- Defendant vs. Plaintiff (in Canadian criminal law, the Plaintiff is usually - almost always - the Crown. In Civil law, the plaintiff or the complainant is the person bringing the charges.)
- Defendants may testify on their own behalf but are usually discouraged from doing so by their legal counsel
- Cross-examination - questioning done by the lawyer for the "other" side. i.e.: the Crown cross examines the defendant, and the Defence attorney will cross-examine the plaintiff or victim.
- Strike something from the record - can only be mandated by the judge; commentary, exclamations (outbursts), or descriptions that go beyond the scope of evidence and may be misleading to the jurors can be removed from the written record.
- Leading questions - lawyers ask questions designed to generate specific answers, or types of answers while limiting the witnesses ability to provide context or details.
- Addressing the jury - not allowed during cross examination of a witness. Lawyers may only address the jury during opening and closing statements.
- Verdict - the decision on the charge as delivered by the jury or by the judge if it is a case not heard before a jury. Guilty or non-guilty or not-guilty by reason of....
- Sentencing - only a judge can assign a sentence based on the verdict, legislated minimums and maximums and context / circumstances including things like a Gladue Report or other mitigating circumstances (reasons but not excuses)
- Contempt of Court - having been found guilty of disregarding the protocols and rules of the court, particularly after the judge has offered a warning.
- Ethical Sanctions - punitive steps taken y the Bar, the overseeing body of lawyers that mandates, outlines and maintains standards of ethical practice off all lawyers in a particular geographical region.
- Negotiating a disposition - discussing the potential outcomes under law, particularly in ways that will help clear up calendar backlog in a court (i.e. settle a dispute before it has to come before a judge)
- Approaching the bench - both lawyers MUST approach the bench together to be addressed by the judge out of hearing from the rest of the court. To do so individually is to do so "ex parte" (Laitin = without an important element), and is not permissible.
- Witness types: character (describes the values and personality of a person as it relates directly to the crime at hand), expert (provide expert opinion on issues related to a crime, to evidence or circumstances that the lay people of the jury may be reasonably expected not to know or understand) and fact (eye witness, participants or observers of criminal acts/activities)
- Voir Dire - (Latin for telling the truth) is a way of examining the validity of something, evidence, a jury member or an expert witness, and it is usually held as a separate hearing from the actual case.
- Hypothetical - a "what if" question, not generally permitted in court, can be a basis for an objection
- Approaching the witness - the lawyer needs to ask permission of the bench (the judge) to do this.
- In court demonstration - you cannot use the person/body of someone not on the stand
- Witness on stand - since the witness has been sworn in (has sworn to tell the truth) you can only question the witness IN /ON the stand, not anyone else in the court.
- Hostile witness - when a witness contradicts their own case or in someway implicates themselves or refuses to cooperate with their legal counsel
- Jury selection: jury candidates are selected at random and must appear in court. The jury consists of 12 jurists. Jurists are questioned on what they know about a case, what they know about a certain type of crime and/or about issues related to the crime. Potential jurists can be dismissed "for cause" - if that is the case, the question that will determine whether or not the potential jurist is inappropriate for cause must be asked of all potential jurists with the permission of the presiding judge. Each lawyer also gets a set number of peremptory challenges, where they do not have to provide a reason for disqualifying a particular jurist. The number of peremptory challenges is directly tied to the potential minimum or maximum sentences for the charge that is the basis of the trial.
- Order in the court - the court must be orderly, and follow protocol so that all information is presented properly. Judges are mandated to maintain the order of the court with the support of the lawyers and the security staff (bailiffs, court officers). If a person in the courtroom is disorderly to the point that they pose a danger to themselves or others, and/or refuse to comply with requests to self-regulate, the judge can require that person be removed from the court. Disorderly conduct would include vulgar language, outbursts, shouting, or going over "the rail" (the edges of jury and witness boxes), even audience behaviour like applause, heckling etc.
- Settlement - after the jury has been empanelled, plea negotiations occur between the lawyers.
- Plea - whether the accused claims to be guilty of committing the crime or not guilty (responsible) of/for committing the crime
- Read back - when the stenographer reads out what happened in the courtroom; this can happen in the moment or later at the request of a member of the jury.
- I rest my case - yes, this can be end of a lawyer's closing arguments. Or, "The Crown rests"
- Arraignment - the first time someone hears the charges against themselves in a court of law.
- Defendant representing themselves - defendants can do it, they get back up, but it's generally a really bad idea
- Bail - in Canada it is a bit different than in the USA. For one thing, Canada does not have or permit bounty hunters.
- Bail is written permission by the court for the accused to wait for their trial or outcome of a negotiation outside of jail.
- First there is a bail hearing - this is where the Crown and the defence make their cases for whether or not the accused should be released on their "own recognizance" - can they be trusted to meet the requirements of their arrest and appear in court when and as required.
- This will be determined by things like the severity of the charges, their family or social connections, their resources (ability to or likelihood of bolting) etc. , having a surety (someone reliable who can look out for teh accused), likelihood of reoffending or whether or not the accused was already out on bail at the time of the alleged offence.
- If a person is let out on bail, barring some circumstances, if they are on their recognizance, they will have an amount promised. Unlike in the USA, they do not necessarily have to have that money on hand. IF however, they break the conditions of their bail, the accused or their surety (the person who promises to ensure they comply with bail) will be fined the amount of their bail.
- Unlike in the USA, the CCHRF guarantees that a person may not be denied reasonable bail. In Canada, an accused is not remanded to custody (sent to jail) because they can't make bail.
- Some accused criminals are detained until their trials, but this requires that there be a special hearing to determine the reason that the accused should - in the opinion of the Crown, usually - be held prior to conviction.
- Disclosure of witness (and evidence) - both sides have to notify their worth opponents what evidence they have and what witnesses they will call and for what purpose, so that both sides can adequately prepare their case.
- Subpoenas - a document that informs an individual that they must report to the court on a particular day and time for a specific purpose. (i.e. to testify in a court case) Failure to respond to the demand in a subpoena can result in being arrested.
- "Miranda" - this is an American -specific precedent that requires that officers must read a person their rights prior to arrest.
- Canadian law enforcement must also follow procedural steps during an arrest, steps that are dictated and maintained by the CCHRF:
- You have the right to be informed as to why you are being arrested / detained.
- You have the right to be searched in a reasonable manner (without physical harm or damage to property)
- You have the right to remain silent - you cannot be compelled by any law enforcement personnel or officer of the court to implicate yourself, witness against yourself or speak without legal counsel present*
- You have the right to be informed that you can access legal counsel, that if you do not have legal counsel, it can be found and provided for you, and you do not need to speak unless you are advised or in presence of legal counsel.
- ** The only time that this is not the case is when you are stopped by the side of the road and are required to submit to a breath test for impairment/substance use.
- Any statement made by the accused prior to being read their rights / receiving their warnings, may not be used in any legal proceedings against them.
- When in doubt, remain silent.
- Canadian law enforcement must also follow procedural steps during an arrest, steps that are dictated and maintained by the CCHRF:
- Summation / closing statements - last chance for the lawyers to make their points. They CAN address the jury directly at this point but they CANNOT introduce new evidence, new ideas etc. It is a summary of what they have already presented, what is already "in evidence". Nothing new!
Forensic Science Analysis
- Trajectory
- Rifling
- PPE Personal Protective Equipment - gloves, mask, goggles, Tyvek suit and booties etc.
- Crime Scene Technician vs. Crime Scene Investigator
- DNA
- Evidence
- Fingerprints - whorls, loops and arches (not swirls), friction ridges, fluorescent powder,
- Photograph in "situ" - as it is found
- Tire impression / shoe impression - casting or printing vs. visual analysis
- Dental stone casting
- Sampling
- Fecal
- Gallows humour
- Who, What, Where, When vs. Why
- Burnt vs. unburnt gunpowder, stippling
- Ballistics
- Alternate light source
- Suspect on scene during investigation, non-essential personnel on scene during evidence collection
- Luminol - possible carcinogen, doesn't need black light to glow
- Chemiluminese
- Blood Stain or Spatter Pattern Analysis ie arterial gushing vs. cast off vs impact spatter
- Autopsy, YIncision
- Crime scene assumptions
- Forensic anthropology
- Unsub = unknown subject (perpetrator)
- Virtual Reality Crime Scene Analysis, Crime Scene Reconstruction
- Shot Spotter
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- Medical Examiner - this is the person who actually performs autopsies, must have a medical degree
- Decomposition
- The Mortis checks (mort means "death" in Latin, the language of technical medicine)
- livor mortis - how the blood in the deceased body pools prior to 12 hour mark when blood has coagulated (solidified)
- rigor mortis - stiffening of the muscles after death due to the lack of electromagnetic nerve activity and neurochecmical energy; lasts from about 2 hours after death to about 36 hours after death
- algor mortis - loss of body temp at a rate of approx 1.5 degrees per hour Celcius (normal = 37 degrees C) P
- Rectal temperature evaluation (body temp, but must take environment into consideration)
- Pixelation of images (esp in jpg or mv4 still shots, vs RAW) compromises resolution and clarity
- Facial recognition database - yes, they exist, but they are patchy, and based on voluntary subscription/participation, limiting their effect. Widespread use or capture from general cameras impinges on privacy issues in law. They use "faceprints" made of up metrics (measurements) of general facial structures and used to compare.
- Kastle-Meyer test - the official name of the test that uses Luminol (phenophthelien) with Hydrogen peroxide which requires the hemoglobin in the blood betweenas the chemical catalyst in a reaction between the Hydrogen Peroxide and Luminol that results in bioluminescence
- STR analysis to determine likelihood of a DNA match. Looks at only 13 repeating sections of base pairs. Statistical likelihood of having the same repeating pairs on all 13 as anyone else on the planet is about 1 in 1billion. (So you share that profile with about 6 or 7 other people in the world)
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- Currently we do not have fully privatized prisons in Canada, but there is an increasing move to privatizing more support services.
- Canadian prisoners also deal with significant challenges when trying to reintegrate into society after having completed their terms. Even prisoners who have been found innocent face persistent stigma, and a reluctance on the part of the society at large to enable them to take up their roles as 'productive members of society', which they are encouraged to do after leaving custody.
- Bail in Canada is not the same as the American system; most specifically the Charter of Human Rights and Freedoms requires that bail is reasonable, people cannot be imprisoned for not making bail in time nor can they remanded directly into custody if they cannot make bail.
- We no longer have the death penalty in Canada. While there is a segment of society the still pushes to have the issue revisited, research shoes that it is not an effective deterrent, and all too often flawed justice procedures can see the wrong person killed.
- Canada does still make use of solitary confinement despite the fact that it has been determined by the United Nations to be a form of torture - something Canada has international agreements to not engage in and which violates the Charter of Human Rights and Freedoms.
- Incarcerated individuals have lost some limited CCHRF defined protections (i.e. the right to relocated within Canada) for the duration of their sentence, but rights pertaining to dignity and safety are still intact and must be honoured.
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Not the worst, but not Norway: US prisons vs. other models
The US is known for its overcrowded prisons and harsh penitentiary conditions, but how does it rank compared to some of the other prison systems around the world? America - the Supermax: How not to treat mentally ill patients One of the most notorious jails in America is the ADX.
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Before the Law
In the early hours of Saturday, May 15, 2010, ten days before his seventeenth birthday, Kalief Browder and a friend were returning home from a party in the Belmont section of the Bronx. They walked along Arthur Avenue, the main street of Little Italy, past bakeries and cafés with their metal shutters pulled down for the night.
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Week 11 - Monday, April 15th to Thursday, April 19th
Students have two lab sessions (Tues and Thurs) to work on their Human Rights Report Project which is due on May 1st.
Week 10 - Monday, April 8th to Thursday, April 12th
For details, please see the slideshow link below. Although the key headings in this slideshow are aligned with the textbook All About Law, several include information from other sources.
Week 6 through 9 - Monday, February 25th to Friday, April 5th
Please note that several of the videos that we have watched contain information that may be considered sensitive and/or controversial. We had discussions in class about different perspectives on these pieces of information. While students and the instructor did not always agree, we made room for divergent points of view within a respectful framework, and sensitive information was
A number of resources for this have also been added to the Flipboard magazine (see link above).
Text Preparation for the Human Rights Project
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Audio-visual & Web-based Resources for the Human Rights Project
General Canadian and International Human Rights Resources
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Aboriginal Human Rights Resources
In both of these films the social context and influences of endemic racism and systemic racism on the fact that these crimes have been going on for decades.
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Poverty Human Rights Resources
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Disability and Accessibility Human Rights Resources
Sexuality and Gender Human Rights Resources
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Women's Human Rights Resources
The Issues - National Association of Women and the Law
The National Association of Women and the Law (NAWL) is an incorporated not-for-profit feminist organization that promotes the equality rights of Canadian women through legal education, research, and law reform advocacy.
Human Rights Report and Research Project
The Assignment Document
| law_12_human_rights_project.pdf |
Implicit Bias Resources
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Systemic Bias vs Implicit Bias: Why the Difference Matters When Reviewing the Report by the...
The Ontario Human Rights Commission (OHRC) released an interim report in December 2018 looking at racial profiling and discrimination by Toronto police toward the city's black community. The results are dire. OHRC found that: Between 2013 and 2017, a Black person was nearly 20 times more likely than a White person to be involved in a fatal shooting by the Toronto Police.
Project Implicit
We have detected that you are using a touch device. Click here to take our touch studies.
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Resources for Report Formatting and APA citation
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In the slideshow below, pay particular attention to the following slides:
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In the resource below, there are several steps outlined, if you're looking for a step-by-step on how to write a structured report.
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Quoting, Paraphrasing, and Summarizing // Purdue Writing Lab
This page is brought to you by the OWL at Purdue University. When printing this page, you must include the entire legal notice. Copyright ©1995-2018 by The Writing Lab & The OWL at Purdue and Purdue University. All rights reserved. This material may not be published, reproduced, broadcast, rewritten, or redistributed without permission.
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Even if a student chooses not to use Google Docs to create their paper, this will provide them with a visual template they can follow.
Please note: Neither Mac Pages nor Google Docs has a native citation formatting function. Word, for both PCs and Mac DOES.
There are free online citation tools, some seen above, but they tend to charge for APA formatting.
I can set students up with their NoodleTools accounts which will allow them to track and set up their citations. It will take a few minutes but it's doable, and free as the school pays for the students' accounts.
Week 5 - Monday, February 18th to Friday, February 22nd
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Weeks 3 & 4 - Monday, February 4th to Friday, February 15th
Key Points |
Key Terminology |
YourMorals.Org
Participate in psychology research through our quizzes on morals, values, and ethics at Your Morals.Org
In this video, Zimbardo, a renowned social psychologist, challenges viewers to consider not only the impact of "bad apples" - individuals who make antsocial choices - but also the "bad barrels" (the circumstances) and the "bad barrel makers" (policies, laws, people in authority) that also impact many of the examples we see of people or groups breaking socially accepted laws.
Zimbardo also details what he believes to be the seven social processes that enable us to distance ourselves from each other and thus engage in criminal, violent and/or antisocial behaviours.
Key Points |
Key Terminology |
Key Points |
Key Points |
FINAL DUE DATE for this project is FEBRUARY 21st.
| law_12_argumentative_essay_1_jan_feb_2019.pdf |
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Weeks 1 & 2 - Monday, January 21st to Friday, February 1st
Guide to the Canadian Charter of Rights and Freedoms
This guide explains the Canadian Charter of Rights and Freedoms (the Charter) and its importance in the daily lives of Canadians. This content is not legal advice and should not be taken as legal interpretation of the provisions of the Charter. The legal text of the Charter is published online as Constitution Act, 1982.
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Legal System | The Canada Guide
Canada is a nation governed by laws, and the Canadian legal system is the means through which those laws are written, organized, enforced, and interpreted. As a country founded by England, the fundamental principles of Canadian law are not terribly different from those governing the legal system of Great Britain, the United States, or any other country with a history of British rule.
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All About Law (text) Ch.1: Law, Its Purpose and History
| all_about_law_text_ch1_note_organizer.pdf |
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Section on Hammurabi 6:02 - 8:07 (the rest of it is helpful if you're taking World History 12 or Big History 12)
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