Charter: s.1: Reasonable Limits Clause | s.

2: fundamental freedoms; (a): conscience and religion, (b): thought, belief, opinion, and expression, (c):
peaceful assembly, (d): association) | s.3, 4, 5: Democratic Rights | s. 6: Mobility | s. 7: Life, Liberty, and Security of the Person | s. 8: Search and
Seizure | s. 9 & 10: Detention and Arrest (no arbitrary detention, right to know the reason for arrest) | s. 11: Rights on being charged with an offense |
s. 12: Cruel and Unusual Punishment | s. 13 & 14: Self-Incrimination & Interpreter Rights | s. 15: Equality Rights | s. 16-23: Language Rights s. 24:
Remedies | s. 25 and 27: Aboriginal Rights and Multiculturalism | s. 26: rights will not impede others’ rights | s. 33: Notwithstanding Clause: Section
33 of the Charter - allows governments to create certain laws that contradict some Charter rights; only applies to s.2, 7-14, 15; invoked rarely (Ford v.
Quebec [signs to be in French])
Legal Perspectives: Positive law: strict, rigid, separates law from morality | Natural Law/Locke: everyone entitled to natural rights|Legal realism:
based on society's beliefs|Hobbes: everyone is inherently bad | Marxism: society favours upper class over lower class|Feminist: patriarchy |
Utilitarianism: best outcome for most people|P Trudeau: federalist, utilitarianist | Harper: positive law|Ford: conservative| J Trudeau: liberalist |
Poilievre: conservative
Oakes Case and Test: David Oakes charged with unlawful drug possession; burden of proof was reversed onto the accused, when it was the
Crown's responsibility) A proportionality test was created, to balance individual rights with the rights of society: government must prove rational
connection to limiting an individual’s rights, minimal impairment of Charter rights as feasible must be ensured, and the effect of the limitation must
be proportional to the law’s purpose
Aboriginal Issues: Royal Proclamation (1763): policy around acquired land after Seven Year War | Numbered Treaties (1871-1921): securing land
in exchange for Indigenous rights and benefits | Indian Act (1868): exerting control over Indigenous peoples (reserves, band councils, assimilation,
residential schools, enfranchisement) | Aboriginal Right to vote in 1960 | residential schools closed over three decades after Chanie Wenjack; last
residential school closed in 1996 | White Paper (1969): proposed to abolish “Indian status” - failed bc no consultation | 70s introduced ancestral land
claims (Calder v. BC AG; Delgamuukw v. BC), TRC established in 2008
Types of Offences: Summary: less serious criminal offenses (nudity, trespassing, unlawful assembly)| Indictable: more serious criminal offenses;
severe penalty, | Hybrid: offenses which can be dealt with as a summary or an indictable offense - Crown decides
Intent: General: limited to the action itself; the person has no other criminal purpose in mind | Specific: when the offender has a further criminal
purpose in mind - general intent is easier to prove than specific intent Motive: may be used as indirect evidence but it is not enough to convict an
accused - the elements of the crime have to be there first, and motive may only support the elements | Criminal Negligence: actions or lack thereof
that show disregard for the safety of others
Elements of a Crime: Recklessness: the careless disregard for the possibility of an action | Willful Blindness: intentional blind eye to potential
illegality | Parties to a Common Intention: if crimes are committed in the process of committing another crime, the subject can be held responsible for
all the crimes | Attempt: when an individual is unsuccessful in carrying out a crime, they can be charged with attempting to | Aider and Abettor:
Aiding means to help someone commit a crime. Abetting means to encourage somebody to commit a crime | Accessory after the fact: somebody
who helps a criminal escape detention or capture - even providing sanctuary counts | Counsellor: advising, recommending, persuading a person to
commit an offense - more than encouraging (which is abetting)
Evidence: Circumstantial: allows a judge or jury to infer or accept a fact based on a set of known circumstances | Direct: eyewitness has seen or
heard the events alleged | Real: evidence that consists of physical objects that can be offered into evidence, such as weapons, tools, fingerprints,
DNA | Demonstrative: assists in presenting or demonstrating a fact-chart, map, photograph
Defenses: Two types: negativing (raises reasonable doubt about actus reus and/or mens rea; affirmative: admits the Crown was right but that the
accused’s acts were justified | automatism, mental disorder, intoxication, mistake of fact/law, colour of right, officially induced, self-defense, duress,
provocation, alibi, necessity, battered spousal, double jeopardy, entrapment
Cases:|Grant(2009): no reasonable grounds for detainment, admissibility of evidence| Lavallee(1990): battered woman defense - acquitted then
appealed|Vriend v alberta: fired because of sexual orientation, balance of probabilities vs beyond reasonable doubt|Sue rodriguez(assisted suicide,
carter 2015 latest)|O’Connor(1995):sa survivors medical records admissibility l R v. Keegstra: anti-semitism, denying Holocaust, freedom of
expression | Vriend v. Alberta: wrongful firing of gay teacher - sexual orientation not added to Section 15 until 1996| Le: unlawful arrest and
search|Frank: law preventing out of country for <5 years to vote - unconstitutional|Barton: sexual history should not be relevant to a rape charge
Vavilov (parents russian spies)|Genetic Non-Discrimination (cannot force someone to do genetic testing), Nevsun Resources(suit against mining
company)||Fraser (RCMP)|sullivan/brown(automatism) bissonette| (concurrent vs consecutive)|stairs(search,warrant)|OJEN
2023:Sharma(conditional sentence, Aboriginal)|Kirkpatrick(stealthing, consent)|canadians w disabilities(mental health, enforced
meds?)murray-hall(quebec, cannabis)|Council for refugees(asylum seekers)
International law:organizationsUnitied nations:peace keeping,1 president leads,6 organs-GSETIS l ICJ, netherlands, 15 judges,settles disputes
between nations,no jurisdiction over individuals l ICC,tries individuals,state establishes jurisdiction l WTO,regulates international trade,trading
disputes l IMF, financial assistance to countries w balance of payment problems l World bank,financial substance to developing countries l
EU,economic+political integration of european countries l NATO,disater response(originally security against soviet union) l CUSMA, stricter
labor+enviromental standards l Adolf eichman case: senior nazi official,captured may 11 1960,Buenos Aires,soverenty rights l Types of
treaties:Bilateral treaties,agreements between 2 countries l multilateral treaties,agreements between 3< countries l Peace treaties l Trade treaties l
Fair trade:Fair compensation+ethical treatment procedures in developing countries l issues: dumping,rich countries dump subsidized product on
developing countries l trade barriers:rich countries control poors share of worls market by charging high taxes on imported goods