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R v. Turner (S.A.)

1) John Ryan’s mother was charged with manslaughter and not infanticide because she lacked the perquisite to be charged with it. In order for this case to have been possibly considered infanticide, John Ryan’s mother would have to have committed the murder during the first 12 months of his life. Since his mother does not […]

How House of Commons Work...

House of Commons Place where issues affecting everyone in the country will be discussed and debated. Through discussion and debate, your elected Members of Parliament will attempt to direct your nation Passing a bill will require a majority vote in favor of it, but when bills do become laws, every citizen in your nation must […]

Criminal Law: the Process

We know when a crime exists (actus reus and mens rea), so what happens after a crime has been committed? THE LEVELS OF POLICE IN CANADA Federal – RCMP – responsible for all federal law under the Criminal Code and federal regulations Provincial Police Municipal Police Aboriginal Police DETERMINE THE PARTIES INVOLVED The perpetrator (the […]

The Canadian Charter of R...

Schedule B, Part I of the Constitution Act, 1982, comprises the Charter. Section 52: the Charter is a part of the Constitution which is the supreme law of Canada and all laws must comply with it. Charter can only be altered through the amending formula – substantial consensus of all the provinces and the federal […]

Origins of Law

SIGNIFICANT PERSON OR CONCEPT DEFINITION, OR IMPORTANCE TWO EXAMPLES HAMMURABI (POSITIVE LAW AS MADE BY A PERSON) Codification Retribution (eye for an eye) Patriarchal All Babylonians Subject to the law King is above the law Very harsh and cruel Son gets hand cut off if strikes father, not mother Doctor gets hand cut off if […]

Aboriginal Rights

Aboriginal Rights: Collective rights rooted in historic cultural traditions and practices, based on ancestral use of the land. Rights as distinct peoples recognized in law and treaties Collective Rights: Rights held through membership to a group. All members have same rights. Areas of Concern: Self-government Land ownership Control of natural resources The Royal Proclamation, 1763 […]

Types of Legal Defenses

Legal Defenses • Insanity • Automatism • Intoxication • Duress • Self-Defense • Alibi • Necessity • Mistake of Fact • Provocation • Officially induced error • Entrapment • Double Jeopardy Insanity • Accused cannot perform the Mens Rea of the offence or is not fit to stand trial. To Prove Insanity you must: • […]

Historical Methods of Adj...

Trial by Wager Required the accused to have a number of acquaintances (oath-helpers) swear his/ her innocence Not applicable to people caught in the act or with stolen property. They faced one of the following: Trial by Battle Evolved from Anglo-Saxon practice of “blood feud” where relative of victim tool revenge by attacking killer and […]