origin of law “rules are not laws, but all laws are rules.” question 1

Origin of LawOrigin of Law

“Rules are not laws, but “Rules are not laws, but all laws are rules.”all laws are rules.”

Question 1Question 1

- followed similar principles as the - followed similar principles as the Code of Hammurabi, but also Code of Hammurabi, but also included included RESTITUTION RESTITUTION (compensate (compensate victim for their suffering)victim for their suffering)..

-Mosaic law forbid murder, adultery, -Mosaic law forbid murder, adultery, theft and worship to other gods.theft and worship to other gods.

-more concerned with punishing -more concerned with punishing deliberatedeliberate actions, not accidents actions, not accidents

Mosaic/Hebrew LawMosaic/Hebrew Law

-used -used stoningstoning to punish those guilty of to punish those guilty of adultery adultery (“Penal Code of Iran” still used (“Penal Code of Iran” still used this for adultery and other sexual this for adultery and other sexual offences.)offences.)

-care for poor was another concern of -care for poor was another concern of Mosaic Law.Mosaic Law.

-severity of punishment for serious -severity of punishment for serious offences to parents increasedoffences to parents increased

For example: For example: cursing parents = cursing parents = deathdeath

Assault of father = Assault of father = deathdeath

FRENCH LAWFRENCH LAW

-1804, after the French Revolution, -1804, after the French Revolution, Emperor Napolean Bonaparte Emperor Napolean Bonaparte revived French law(originally based revived French law(originally based on Roman Law/Justinian Code) into on Roman Law/Justinian Code) into his FRENCH CIVIL CODE.his FRENCH CIVIL CODE.

-this served as a model for much -this served as a model for much European law, law in Louisiana and European law, law in Louisiana and law in Quebec (basis of QUEBEC law in Quebec (basis of QUEBEC CIVIL CODE)CIVIL CODE)

Question 3 Question 3 Main components of the Main components of the

French Civil Code:French Civil Code: Everyone was equalEveryone was equal Freedom of religionFreedom of religion Separation of church and stateSeparation of church and state Freedom to choose your own occupationFreedom to choose your own occupation Strengthened family unit by: Strengthened family unit by: a)a) Placing emphasis on husband as head of Placing emphasis on husband as head of

household.household.b)b) Restricting grounds for divorce to: Restricting grounds for divorce to:

adultery, conviction of a serious crime, adultery, conviction of a serious crime, grave insults or excessive cruelty.grave insults or excessive cruelty.

c)c) Defined who could inherit family property.Defined who could inherit family property.

Weaknesses of the Code:Weaknesses of the Code:

-still very -still very patriarchalpatriarchal: women : women couldn’t vote, wife obeyed husband couldn’t vote, wife obeyed husband who owned all property, unmarried who owned all property, unmarried women had few rights, man could kill women had few rights, man could kill wife if he found her cheating on him, wife if he found her cheating on him, children had few rights, illegitimate children had few rights, illegitimate children had no rights or inheritance.children had no rights or inheritance.

British/Common Law British/Common Law Cont.Cont.

Trial by Ordeal Trial by Ordeal -when a lord was unable to reach a -when a lord was unable to reach a

verdict of guilt or innocence the verdict of guilt or innocence the accused was required to undergo accused was required to undergo torture to determine guilt or torture to determine guilt or innocence.innocence.

-this was only used when the -this was only used when the sentence for guilt was the death sentence for guilt was the death penaltypenalty

-God was the judge because evil -God was the judge because evil could never triumph over good.could never triumph over good.

““Trial by iron”-Trial by iron”-accused held a piece of hot accused held a piece of hot ironiron

healed = healed = innocent /freedinnocent /freeddidn’t heal = didn’t heal = guilt /deathguilt /death

““Trial by oath helpingTrial by oath helping”-required friends of ”-required friends of

the accused to swear on the Bible that the the accused to swear on the Bible that the accused was innocent. You might think accused was innocent. You might think that they would lie, but they didn’t for fear that they would lie, but they didn’t for fear of retribution from God”of retribution from God”

““Trial by combatTrial by combat”-two parties engaged in ”-two parties engaged in a duel. Again God was on the side of the a duel. Again God was on the side of the innocent and would “save” him. innocent and would “save” him.

-This was introduced by -This was introduced by King WilliamKing William and and was also called was also called FEUDALISM.FEUDALISM.

British/English cont.British/English cont.

English Law was based on rights, English Law was based on rights, duties and obligations.duties and obligations.

-hierarchical system whereby the king -hierarchical system whereby the king owned all the land and parceled out owned all the land and parceled out pieces to his noblemen. Since every pieces to his noblemen. Since every nobleman would sentence situations nobleman would sentence situations differently from village to village there differently from village to village there were vast inequities in the system.were vast inequities in the system.

--King Henry IIKing Henry II (1154-1189) who ruled (1154-1189) who ruled England after King William decided to England after King William decided to try and fix these inequities by try and fix these inequities by appointing a number of judges who appointing a number of judges who traveled the countryside and held traveled the countryside and held hearings, called “hearings, called “assizesassizes”.”.


-These judges met regularly in England -These judges met regularly in England and discussed cases and their and discussed cases and their experiences. Thus a common experiences. Thus a common agreement resulted and the judges agreement resulted and the judges became more consistent.became more consistent.

This is the basis for English This is the basis for English COMMON COMMON LAWLAW/(Also called /(Also called CASE LAWCASE LAW)-common to )-common to all people throughout England. all people throughout England. Recorded cases are given titles or Recorded cases are given titles or CITATIONSCITATIONS. Citations lists basic . Citations lists basic information on the case.information on the case.

Example: Example: R v. Goodline(Criminal) R v. Goodline(Criminal) or or Hague v. Billings (civil)Hague v. Billings (civil)


This was introduced to North This was introduced to North America by colonists and judges America by colonists and judges who still travel to other provinces who still travel to other provinces to meet in courts.to meet in courts.

-Common law is based on “-Common law is based on “stare stare decisisdecisis”/”/RULE OF PRECEDENTRULE OF PRECEDENT. . This means to stand by earlier This means to stand by earlier decisions.decisions.


British/Common cont.British/Common cont.

-by treating similar cases alike, -by treating similar cases alike, judges established a standard and judges established a standard and common system of judging common system of judging offences throughout the country.offences throughout the country.

-However, the king still had the -However, the king still had the authority to overrule judges for authority to overrule judges for people who appealed.people who appealed.

Question 2Question 2Rule of Precedent is Rule of Precedent is important because:important because:

1)1) UNIFORMITYUNIFORMITY (without this similar (without this similar cases would be decided with differing cases would be decided with differing decisions)decisions)

2)2) PREDICTABILITYPREDICTABILITY (lawyers can (lawyers can expect similar results to cases in the expect similar results to cases in the past, so they can advise clients of past, so they can advise clients of probable outcomes)probable outcomes)

3)3) IMPARTIALITYIMPARTIALITY (judge cannot (judge cannot show favouritism)show favouritism)

During the reign of England’s During the reign of England’s King King JohnJohn (1199-1216) he considered (1199-1216) he considered himself above the law and abused himself above the law and abused his power. So, the most powerful his power. So, the most powerful groups in the land united and groups in the land united and forced him to sign the forced him to sign the MAGNA MAGNA CARTACARTA in 1215. This instituted the in 1215. This instituted the RULE OF LAWRULE OF LAW. .

In Canada, we are governed by the In Canada, we are governed by the Rule of Law. This states that we Rule of Law. This states that we settle disputes by settle disputes by peaceful means peaceful means or due process of the courtsor due process of the courts. No . No violence is used, nor do government violence is used, nor do government officials make their own rules.officials make their own rules.

Another important component of Another important component of the Magna Carta was “the Magna Carta was “habeas habeas corpuscorpus” (Latin = “” (Latin = “you must have you must have the bodythe body”). This is a court order ”). This is a court order designed to prevent unlawful designed to prevent unlawful arrest by ensuring that arrest by ensuring that anyone anyone detained is charged before a court detained is charged before a court within a reasonable amount of within a reasonable amount of timetime, or else is released. This is in , or else is released. This is in our Charter of Rights and our Charter of Rights and Freedoms in Canada.Freedoms in Canada.

1265-Parliament was formed to 1265-Parliament was formed to prevent King John from abusing his prevent King John from abusing his power.power.

The role of Parliament was to:The role of Parliament was to: Correct the injustices of the legal Correct the injustices of the legal

systemsystem Reduce the power of the noblemen Reduce the power of the noblemen

and kingand king Pass Pass STATUTE LAWSSTATUTE LAWS(laws passed by (laws passed by

government).government).

Canada’s Canada’s SUBSTANTIVE LAWSUBSTANTIVE LAW includes includes

both both Common Law and Statute LawCommon Law and Statute Law. .

-British Parliament passed -British Parliament passed British British North America Act (BNA Act)North America Act (BNA Act) which which established Canada as an established Canada as an independent Nationindependent Nation. This was . This was Canada’s first Constitution because Canada’s first Constitution because they could still pass law which they could still pass law which applied to Canada.applied to Canada.

--Statute of WestminsterStatute of Westminster (passed in (passed in Great Britain in 1931) allowed Great Britain in 1931) allowed Canada to pass its own laws but Canada to pass its own laws but not amend them.not amend them.

-Finally, in 1982, an -Finally, in 1982, an amending formulaamending formula was in place which required the consent was in place which required the consent of the Canadian Parliament plus 7 of the Canadian Parliament plus 7 provinces(with at least 50% of the provinces(with at least 50% of the population).population).

-the BNA Act was renamed the -the BNA Act was renamed the CONSTITUTION ACT 1867CONSTITUTION ACT 1867. We are now . We are now completely independent of Great completely independent of Great Britain. The main statute of this act was Britain. The main statute of this act was THE CHARTER OF RIGHTS AND THE CHARTER OF RIGHTS AND FREEDOMSFREEDOMS. This has had a major . This has had a major impact on all Canadians. impact on all Canadians.

-the Constitution Act lists which levels of -the Constitution Act lists which levels of

government havegovernment have jurisdiction jurisdiction (control) (control) over which powers.over which powers.

Right and FreedomRight and Freedom

Right – legal, moral, or social claim Right – legal, moral, or social claim that people are entitled to, primarily that people are entitled to, primarily from their government.from their government.

Freedom is a right however it is Freedom is a right however it is sometimes limited to protect society sometimes limited to protect society and the rights of others.and the rights of others.

U.N DeclarationU.N Declaration

Equal rights for men and womenEqual rights for men and women Equality before the LawEquality before the Law Presumed innocent until proven Presumed innocent until proven

guiltyguilty Right to educationRight to education Right from torture and inhuman Right from torture and inhuman

punishment.punishment.

Evolution of Rights in Evolution of Rights in CanadaCanada

Canada once had slavery, limited Canada once had slavery, limited franchise, practices against non-franchise, practices against non-whites, Immigrants and Asian whites, Immigrants and Asian groups.groups.

1928 Supreme Court decides the 1928 Supreme Court decides the word person does not apply to word person does not apply to women.women.

Canadian Rights Canadian Rights ViolationsViolations

1833 – Slavery is abolished in Britain1833 – Slavery is abolished in Britain 1884 – Indian Act limits religious 1884 – Indian Act limits religious

and cultural practices of Native and cultural practices of Native groups.groups.

1900 – Dominion Elections act 1900 – Dominion Elections act excludes minorities from votingexcludes minorities from voting

1928 – Alberta forces sterialization 1928 – Alberta forces sterialization of psychiatric patientsof psychiatric patients

Canadian Rights Canadian Rights ViolationsViolations

1942 – Japanese Canadians are 1942 – Japanese Canadians are forcibly removed from their homes forcibly removed from their homes and sent to detention camps.and sent to detention camps.

1948 – People of all races may vote 1948 – People of all races may vote except for status Indiansexcept for status Indians

Canadian Bill of RightsCanadian Bill of Rights

Proposed in 1960 under PM Proposed in 1960 under PM DiefenbakerDiefenbaker

Rights of individuals to life, liberty, Rights of individuals to life, liberty, personal security, and enjoyment of personal security, and enjoyment of propertyproperty

Freedom of religion, speech, assembly Freedom of religion, speech, assembly and association.and association.

Freedom of the pressFreedom of the press The right to counsel and the right to a The right to counsel and the right to a

fair hearing.fair hearing.

Limitations to the Bill of Limitations to the Bill of RightsRights

Only applied to Federal Matters.Only applied to Federal Matters. Provinces could still do as they wish Provinces could still do as they wish

with laws under their jurisdictionwith laws under their jurisdiction Had same status as other lawHad same status as other law House of Commons could change or House of Commons could change or

create laws which were create laws which were unconstitutionalunconstitutional

Entrenching Rights and Entrenching Rights and FreedomsFreedoms

Pierre Trudeau had a goal to entrench Pierre Trudeau had a goal to entrench the Canadian bill of rights into the the Canadian bill of rights into the constitution of Canada.constitution of Canada.

This would protect the rights against This would protect the rights against the wills of present governments. the wills of present governments.

Also made them constitutional law Also made them constitutional law and more powerful than any other and more powerful than any other type of law.type of law.

The only way this could be passed The only way this could be passed was with a Notwithstanding clausewas with a Notwithstanding clause

IntervenersInterveners

When any case comes before the When any case comes before the courts “friends of the court” are courts “friends of the court” are allowed to make presentations.allowed to make presentations.

These are interest groups that These are interest groups that advocate on social issues and give advocate on social issues and give information to the court to influence information to the court to influence decision.decision.

Ex. MADDEx. MADD

Democratic RightsDemocratic Rights

Women were not allowed to vote Women were not allowed to vote until 1918.until 1918.

Chinese and Japanese Canadians Chinese and Japanese Canadians could not vote until 1947could not vote until 1947

Status Indians could not vote until Status Indians could not vote until 1960.1960.

The government had the right to The government had the right to cancel elections all together.cancel elections all together.

Charter SectionsCharter Sections

Sections 3, 4, 5 of the Charter Sections 3, 4, 5 of the Charter guarantees a democratic guarantees a democratic government.government.

S 6 gives the right to enter and leave S 6 gives the right to enter and leave Canada and move from province to Canada and move from province to province.province.

Question 7 Democratic Question 7 Democratic RightsRights

S 3 states every citizen has the right S 3 states every citizen has the right to vote in an election, and run for to vote in an election, and run for office.office.

What limits would there be to this?What limits would there be to this?

Limits to Democratic Limits to Democratic rightsrights

AgeAge Mental capacityMental capacity ResidenceResidence JudiciaryJudiciary Prisoners serving more than two Prisoners serving more than two

yearsyears

Democratic RightsDemocratic Rights

S 4 of the Charter guarantees S 4 of the Charter guarantees federal and provincial elections must federal and provincial elections must occur at least every 5 yearsoccur at least every 5 years

Exception is under extraordinary Exception is under extraordinary circumstances such as war and circumstances such as war and national emergencynational emergency

Question 5Question 5

Right to life is controversial Right to life is controversial Abortion – the right to live of the Abortion – the right to live of the

mother if her life is in danger from mother if her life is in danger from the birthing process. Fetus is not the birthing process. Fetus is not considered life in Canada so rights considered life in Canada so rights are not protected or given more are not protected or given more importance than the mother.importance than the mother.

Medicinal marijuana laws. Person’s Medicinal marijuana laws. Person’s quality of life in jeopardy if not able quality of life in jeopardy if not able to eleviate pain with Marijuana.to eleviate pain with Marijuana.

Question 4. ProstitutionQuestion 4. Prostitution

Pro Prostitution groups say current laws Pro Prostitution groups say current laws forbid bawdy houses, living off the avails of forbid bawdy houses, living off the avails of prostitution and communication for the prostitution and communication for the sake of prostitution.sake of prostitution.

Laws against bawdy houses force Laws against bawdy houses force prostitutes to work on the streets where prostitutes to work on the streets where there right to safety is violated. there right to safety is violated.

Can not go to police for help because they Can not go to police for help because they will be arrestedwill be arrested

If in bawdy houses they could have securityIf in bawdy houses they could have security

Human RightsHuman RightsChapter 5Chapter 5

Human RightsHuman Rights

Human rights include the right to Human rights include the right to receive equal treatment to be free receive equal treatment to be free from prohibited discrimination and from prohibited discrimination and harassment, and to have equal harassment, and to have equal access to places, services and access to places, services and opportunities.opportunities.

DiscriminationDiscrimination

Discrimination occurs when an Discrimination occurs when an individual is treated unfairly because individual is treated unfairly because he or she belongs to a certain grouphe or she belongs to a certain group

Human Rights CodesHuman Rights Codes

There are two levels of protection.There are two levels of protection. Canadians are protected from Canadians are protected from

abuses from the government or its abuses from the government or its agencies through the agencies through the Charter of Charter of Rights and Freedoms.Rights and Freedoms.

Does not protect in cases of Does not protect in cases of discrimination by private sector.discrimination by private sector.

Provincial Human Rights Provincial Human Rights CodesCodes

Provincial Human Rights codes Provincial Human Rights codes protect citizens from “prohibited” protect citizens from “prohibited” discrimination in the private sector. discrimination in the private sector.

What is prohibited varies with What is prohibited varies with provinces.provinces.

Discrimination is illegal Discrimination is illegal based onbased on Generally includes:Generally includes:

Physical characteristicsPhysical characteristics Origin Origin Colour Colour ReligionReligion Age Age Gender Gender Sexual OrientationSexual Orientation Mental or Physical disability Mental or Physical disability Marital StatusMarital Status

Provincial Human Rights Provincial Human Rights CodesCodes

Since the government are the ones Since the government are the ones making these laws they still have to making these laws they still have to follow the Canadian Charter of follow the Canadian Charter of Rights and Freedoms.Rights and Freedoms.

Stereotyping and Stereotyping and PrejudicePrejudice

StereotypingStereotyping – having an – having an oversimplified, false or general oversimplified, false or general portrayal of a group of people.portrayal of a group of people.

PrejudicePrejudice – judging an individual – judging an individual according to the group to which they according to the group to which they belong without taking into account belong without taking into account individual characteristics or abilities.individual characteristics or abilities.

Grounds of Grounds of DiscriminationDiscriminationEmploymentEmployment

Everyone has equal right to Everyone has equal right to employment in the application employment in the application process, training promotions, layoffs process, training promotions, layoffs etc.etc.

Exceptions can occur whenExceptions can occur when

1.1. They are reasonable and justifiable They are reasonable and justifiable (insurance fees)(insurance fees)

2.2. Specific skills or “bona fida Specific skills or “bona fida occupational requirement”occupational requirement”

Employment ContinuedEmployment Continued

3.3. Affirmative Action gives advantages Affirmative Action gives advantages to groups that were historically to groups that were historically discriminated against.discriminated against.

If two people are equally qualified If two people are equally qualified than preference can be given.than preference can be given.

Question 12 Bona Fide Question 12 Bona Fide Occupational RequirementOccupational Requirement

In some occupations certain physical In some occupations certain physical characteristics are necessary.characteristics are necessary.

Discrimination is allowed in these Discrimination is allowed in these cases.cases.

Examples are Firefighter, police, Examples are Firefighter, police, Military physical tests. Military physical tests.

Has to be related to the job.Has to be related to the job.

Employment continuedEmployment continued Constructive and Direct Constructive and Direct

DiscriminationDiscrimination

Having a seemingly neutral policy Having a seemingly neutral policy for the purpose of discriminating.for the purpose of discriminating.

Police used to have height Police used to have height requirements which limited the requirements which limited the number of women in the force.number of women in the force.

Direct Discrimination – open Direct Discrimination – open discriminationdiscrimination

Employment ContinuedEmployment Continued Duty to Accommodate Duty to Accommodate

Employer must try to accommodate Employer must try to accommodate for an employee’s needs. i.e religious for an employee’s needs. i.e religious beliefs, physical disability.beliefs, physical disability.

Unless employer proves Unless employer proves undue undue hardship hardship

The employer does not have to The employer does not have to accommodate if it jeopardizes safety accommodate if it jeopardizes safety or would cost the company too muchor would cost the company too much

Employment ContinuedEmployment Continued HarassmentHarassment

Everyone has the right to be free from Everyone has the right to be free from humiliating or annoying behaviour.humiliating or annoying behaviour.

Examples could be racial, sexual, or Examples could be racial, sexual, or religious slurs.religious slurs.

Sexual HarassmentSexual Harassment includes includes unwelcomed sexual contact, remarks, unwelcomed sexual contact, remarks, leering demands for dates, and displays leering demands for dates, and displays of sexually offensive pictures or graffiti.of sexually offensive pictures or graffiti.

Employment ContinuedEmployment Continued Poisoned EnvironmentPoisoned Environment

When someone is constantly When someone is constantly subjected to humiliation or an subjected to humiliation or an uncomfortable atmosphere at work.uncomfortable atmosphere at work.

Accommodation and Accommodation and FacilitiesFacilities

There can be no discrimination when There can be no discrimination when it comes to renting or selling it comes to renting or selling property including age, marital property including age, marital status, or source of income.status, or source of income.

Public facilities must also treat Public facilities must also treat everyone fairly.everyone fairly.

Meeting Special NeedsMeeting Special Needs

Attempts must be made to Attempts must be made to accommodate people and employees accommodate people and employees with disabilities as long as it does with disabilities as long as it does not cause undue hardship.not cause undue hardship.

Drug addiction is considered a Drug addiction is considered a disability.disability.

Black CodesBlack Codes

These were laws passed to limit the These were laws passed to limit the civil rights of African Americans at civil rights of African Americans at the State level.the State level.

Many states forbid African Many states forbid African Americans from entering the state.Americans from entering the state.

Anti-miscegenation lawsAnti-miscegenation laws forbid forbid marriage between Whites and any marriage between Whites and any other races.other races.

Black Codes continuedBlack Codes continued

After freedom was granted to slaves After freedom was granted to slaves some states declared them as some states declared them as FreedmenFreedmen..

This meant they were not citizens This meant they were not citizens and would have to apply to become and would have to apply to become one.one.

They were treated as second class They were treated as second class immigrants and denied voting rightsimmigrants and denied voting rights


African Americans rarely had the African Americans rarely had the money to own land and therefore money to own land and therefore still had to work on plantationsstill had to work on plantations

They were forced to sign state They were forced to sign state contracts which did not allow them contracts which did not allow them to leave or quit.to leave or quit.

Owners of the land were able to use Owners of the land were able to use the same punishment they would use the same punishment they would use on children.on children.


It was illegal for an African It was illegal for an African American to carry a knife or American to carry a knife or Firearm. Firearm.

Anyone that sold an African Anyone that sold an African American alcohol could be jailed for American alcohol could be jailed for thirty daysthirty days


In South Carolina, people that In South Carolina, people that worked on the land were to be called worked on the land were to be called servants and the owners master.servants and the owners master.

Their work day start when the sun Their work day start when the sun went up and ended when it went went up and ended when it went down.down.

Question 9 Jim Crow Question 9 Jim Crow LawsLaws

Once things settled down, the Once things settled down, the southern parliament enacted a southern parliament enacted a policy of Separate but Equal.policy of Separate but Equal.

Separation was ok as long as there Separation was ok as long as there was equal facilities.was equal facilities.

Jim CrowJim Crow

Some examples of Jim Crow laws are Some examples of Jim Crow laws are the segregation of the segregation of

public schools, public schools, public placespublic places public transportationpublic transportation restrooms restrooms restaurants for whites and blacks. restaurants for whites and blacks.

ReconstructionReconstruction

Long answer 2. Early LifeLong answer 2. Early Life

In 1954, Martin Luther King In 1954, Martin Luther King becomes a Pastor at the Baptist becomes a Pastor at the Baptist church in Montgomery, Alabama.church in Montgomery, Alabama.

He also heads a committee to He also heads a committee to promote African American rights promote African American rights and to look into arrests, the SCLC. and to look into arrests, the SCLC.

Montgomery Bus BoycottMontgomery Bus Boycott

March 1955 – Claudette ColvinMarch 1955 – Claudette Colvin December 1955 – Rosa Parks refuses December 1955 – Rosa Parks refuses

to take a seat at the back of the bus.to take a seat at the back of the bus. Results in arrest.Results in arrest.


Martin Luther King organizes a Martin Luther King organizes a boycott which lasts a year.boycott which lasts a year.

Takes the Parks case to Supreme Takes the Parks case to Supreme Court where it is ruled that Alabama Court where it is ruled that Alabama law is unconstitutional.law is unconstitutional.


King was arrested and chose to King was arrested and chose to spend two weeks in Jail.spend two weeks in Jail.

This brought national awareness to This brought national awareness to the Boycott.the Boycott.

““I was proud of my crime. It was the I was proud of my crime. It was the crime of joining my people in a crime of joining my people in a nonviolent protest against injustice.” nonviolent protest against injustice.”


In the end, African Americans won In the end, African Americans won the right to sit anywhere on public the right to sit anywhere on public transit.transit.

Boycott ended on Dec 20, 1956.Boycott ended on Dec 20, 1956. Martin Luther King Jr. became a Martin Luther King Jr. became a

national national herohero..

Voting RightsVoting Rights

In 1961, of the 15000 African In 1961, of the 15000 African Americans in Dallas county only 130 Americans in Dallas county only 130 were registered to vote.were registered to vote.

This was achieved through literacy This was achieved through literacy tests, threats of violence from the Ku tests, threats of violence from the Ku Klux Klan.Klux Klan.

Martin Luther King arrived and Martin Luther King arrived and organised a March from Selma to organised a March from Selma to Montgomery(54kms)Montgomery(54kms)

First MarchFirst March

Moved 6 blocks and was met with Moved 6 blocks and was met with police.police.

Police used clubs, whips, and tear gas.Police used clubs, whips, and tear gas. National Papers were filled with National Papers were filled with

pictures on victimised women and pictures on victimised women and childrenchildren

Seventeen marchers were hospitalized, Seventeen marchers were hospitalized, leading to the naming of the day leading to the naming of the day Bloody Sunday. Bloody Sunday.

Second MarchSecond March

MLK tried to get court approval and MLK tried to get court approval and protection to march, but was denied.protection to march, but was denied.

Service held on Service held on Edmund Pettus Edmund Pettus Bridge, 2500 peopleBridge, 2500 people

Two white reverends beaten, nearest Two white reverends beaten, nearest hospital would not treat them.hospital would not treat them.

Rev Reeb died.Rev Reeb died.

Third MarchThird March

After Reeb passed, 3After Reeb passed, 3rdrd march march organised.organised.

JFK ordered army, and FBI to JFK ordered army, and FBI to protect the March.protect the March.

March was a success and King gave March was a success and King gave the speech “the speech “How Long, Not LongHow Long, Not Long””

BirminghamBirmingham

Highly segregated cityHighly segregated city African Americans could not have African Americans could not have

jobs that involved contact with jobs that involved contact with whites.whites.

To protest, a boycott of those stores To protest, a boycott of those stores was enacted and sit ins were used to was enacted and sit ins were used to disrupt business.disrupt business.


Use of Children in protestUse of Children in protest Eugene “the bull” Connor orders use Eugene “the bull” Connor orders use

of fire hoses and dogs to quell of fire hoses and dogs to quell protesters including children.protesters including children.

"The Civil Rights movement should "The Civil Rights movement should thank God for Bull Connor. He's thank God for Bull Connor. He's helped it as much as Abraham helped it as much as Abraham Lincoln." JFKLincoln." JFK


To gather more attention for the To gather more attention for the movement, Martin Luther King led a movement, Martin Luther King led a March on Good Friday and was also March on Good Friday and was also arrested.arrested.

After pressure from the media and the After pressure from the media and the president, JFK, King was released.president, JFK, King was released.

May 8May 8thth, business removed segregation , business removed segregation policies and policies and Jim Crow laws signsJim Crow laws signs..

March on WashingtonMarch on Washington

On August 28On August 28thth 1963, 250,000 1963, 250,000 protestors converged on Washington protestors converged on Washington D.CD.C

They wanted to ensure that They wanted to ensure that Kennedy's new civil rights act was Kennedy's new civil rights act was passedpassed

March on WashingtonMarch on Washington

Another goal was equality in law and Another goal was equality in law and employment.employment.

Martin Luther King delivered the “I Martin Luther King delivered the “I have a Dream Speech.”have a Dream Speech.”

Crime Crime – any act or omission of an – any act or omission of an act that is prohibited and act that is prohibited and

punishable by federal statutepunishable by federal statute..Law Reform of CanadaLaw Reform of Canada has said that 4 has said that 4

conditions must exist for an act or conditions must exist for an act or omission to be considered a crime:omission to be considered a crime:

1) The act is considered wrong by 1) The act is considered wrong by society.society.

2) Act causes harm to society in general 2) Act causes harm to society in general or to those who need protection.or to those who need protection.

3) The harm must be serious.3) The harm must be serious.4) The remedy must be handled by the 4) The remedy must be handled by the

criminal justice system.criminal justice system.

Changes over time and Changes over time and place:place:

Prostitution is legal in some European Prostitution is legal in some European countriescountries

Adultery used to be a criminal offence Adultery used to be a criminal offence in Canadain Canada

Possession of marijuana less serious Possession of marijuana less serious todaytoday

1795- twelve people hanged in Halifax 1795- twelve people hanged in Halifax for the crime of theft, one for stealing a for the crime of theft, one for stealing a few potatoesfew potatoes

no longer capital punishment in Canadano longer capital punishment in Canada

Criminal LawCriminal Law- the body of laws that - the body of laws that prohibit and punish acts that injure prohibit and punish acts that injure individual people, property and the individual people, property and the

entire community.entire community.Criminal Code of CanadaCriminal Code of Canada -federal statute that contains the majority -federal statute that contains the majority

of the criminal laws passed by of the criminal laws passed by Parliament.Parliament.

-lists crimes, sentences and procedures to -lists crimes, sentences and procedures to follow when trying those accused of follow when trying those accused of crimes.crimes.

-amendments to the code are made when -amendments to the code are made when the values of Canadian society change.the values of Canadian society change.

Authority for administering the Authority for administering the criminal justice system is shared criminal justice system is shared between the between the federalfederal and and provincialprovincial governments.governments.

Technically, laws passed by Technically, laws passed by provinces or municipalities are not provinces or municipalities are not considered criminal laws but considered criminal laws but quasi-quasi-criminal lawscriminal laws. These are less . These are less serious offences and the usual serious offences and the usual punishment is paying a fine.punishment is paying a fine.

ELEMENTS OF A CRIMEELEMENTS OF A CRIME To convict a person of a criminal offence in To convict a person of a criminal offence in

Canada, the Crown must usually prove that two Canada, the Crown must usually prove that two elements existed at the time the offence was elements existed at the time the offence was committed: the act itself and the intention to committed: the act itself and the intention to commit the act.commit the act.

Actus ReusActus Reus ++ Mens ReaMens Rea = = CRIMECRIME““the guilty the guilty

actact” ” ““the guilty the guilty

mindmind” ” Demonstrates a Demonstrates a voluntary action, voluntary action,

omission or state of omission or state of being that is being that is

prohibited by law prohibited by law

Demonstrates Demonstrates that the act was that the act was

intentional, intentional, knowing, knowing, negligent, negligent, reckless or reckless or

willfully blind willfully blind

Exceptions to Actus Reas:Exceptions to Actus Reas:

Being forced by another personBeing forced by another person Sleepwalking Sleepwalking Reflex reaction (ie: epileptic Reflex reaction (ie: epileptic

seizure)seizure)

INVOLVEMENT IN A INVOLVEMENT IN A CRIMECRIME

PerpetratorPerpetrator- person who actually commits the - person who actually commits the crime.crime.

2 people = co-perpetrators 2 people = co-perpetrators

AidingAiding – helping a perpetrator commit a crime. You – helping a perpetrator commit a crime. You don’t have to be on the scene.don’t have to be on the scene.

ie: giving a key to someone to break into a store.ie: giving a key to someone to break into a store.

Parties to an OffenceParties to an Offence – those people who are – those people who are indirectly involved in committing a crime.indirectly involved in committing a crime.

AbettingAbetting- encouraging the perpetrator of a crime - encouraging the perpetrator of a crime without actually providing physical assistance. without actually providing physical assistance.

ie: egging on a perpetrator who is beating someone ie: egging on a perpetrator who is beating someone up.up.

CounsellingCounselling- advising, recommending or - advising, recommending or persuading another person to commit an offence. persuading another person to commit an offence. You don’t have to be on the scene.You don’t have to be on the scene.

ie: advising a perpetrator the best way to ie: advising a perpetrator the best way to accomplish a criminal act.accomplish a criminal act.

Accessory After the FactAccessory After the Fact- someone who knowingly - someone who knowingly receives, comforts or assists a perpetrator in receives, comforts or assists a perpetrator in escaping from the police.escaping from the police.

ie: allowing a perpetrator to hide out at your house.ie: allowing a perpetrator to hide out at your house.

Party to Common IntentionParty to Common Intention- the shared - the shared responsibility among criminals for any additional responsibility among criminals for any additional offences that are committed in the course of the offences that are committed in the course of the crime they originally intended to commit.crime they originally intended to commit.

ie: If 5 people hijack a security truck and one of ie: If 5 people hijack a security truck and one of them shoots and kills the driver, all 5 can be them shoots and kills the driver, all 5 can be charged with murder.charged with murder.

Two types of Incomplete Two types of Incomplete Crimes:Crimes:

1)1) AttemptAttempt – – the the intention to commit intention to commit a crime, even when a crime, even when the crime is not the crime is not completed. The completed. The Crown only needs to Crown only needs to prove obvious steps prove obvious steps toward committing toward committing a crime.a crime.

ExampleExample: terrorist : terrorist bombing- bombing- construction of a construction of a bomb, having a bomb, having a bomb in your bomb in your possession.possession.

2)2) ConspiracyConspiracy – an – an agreement between agreement between 2 or more people to 2 or more people to carry out an illegal carry out an illegal act, even if that act act, even if that act does not actually does not actually occur.occur.

ExampleExample: 2 people : 2 people who plan to who plan to murder, hire a hit murder, hire a hit man who turns out man who turns out to be an undercover to be an undercover police officer.police officer.

ELEMENTS OF A CRIMEELEMENTS OF A CRIME To convict a person of a criminal offence in To convict a person of a criminal offence in

Canada, the Crown must usually prove that two Canada, the Crown must usually prove that two elements existed at the time the offence was elements existed at the time the offence was committed: the act itself and the intention to committed: the act itself and the intention to commit the act.commit the act.

Actus ReusActus Reus ++ Mens ReaMens Rea = = CRIMECRIME““the guilty actthe guilty act” ” ““the guilty the guilty

mindmind” ” Demonstrates a Demonstrates a voluntary action, voluntary action,

omission or state of omission or state of being that is being that is

prohibited by law prohibited by law

Demonstrates that Demonstrates that the act was the act was intentional, intentional,

knowing, negligent, knowing, negligent, reckless or willfully reckless or willfully

blind blind

Exceptions to Actus Reas:Exceptions to Actus Reas:

Being forced by another personBeing forced by another person Sleepwalking Sleepwalking Reflex reaction (ie: epileptic Reflex reaction (ie: epileptic

seizure)seizure)

Question 10. Understanding Question 10. Understanding Mens Rea:Mens Rea:

The Crown can establish The Crown can establish mens reamens rea through:through:

1) Intent1) Intent

2) Knowledge2) Knowledge

3) Criminal negligence3) Criminal negligence

4) Recklessness4) Recklessness

5) Willful blindness5) Willful blindness

1) INTENT1) INTENT

A state of mind in which someone A state of mind in which someone desires to carry out a wrongful desires to carry out a wrongful action, knows what the results will action, knows what the results will be and is reckless regarding the be and is reckless regarding the consequences.consequences.

There are There are two typestwo types of intent: of intent: General Intent and Specific General Intent and Specific IntentIntent

Two types of Intent:Two types of Intent:

General IntentGeneral Intent – the – the desire to commit a desire to commit a wrongful act, with wrongful act, with no ulterior motive no ulterior motive or purpose. This is or purpose. This is easier to prove than easier to prove than specific intent.specific intent.

For exampleFor example: assault : assault to vent anger, to vent anger, jealously or jealously or frustration.frustration.

Specific IntentSpecific Intent – – the desire to the desire to commit one commit one wrongful act for wrongful act for the sake of the sake of accomplishing accomplishing another.another.

For exampleFor example: : assault for the assault for the sake of theftsake of theft

Motive verses IntentMotive verses Intent

Motive Motive – is the reason a person commits a – is the reason a person commits a crime.crime.

Intent Intent – is the person’s state of mind and – is the person’s state of mind and willingness to break the law.willingness to break the law.

For instanceFor instance, if Kim kills her mother to , if Kim kills her mother to receive an inheritance.receive an inheritance.

Motive = inheritanceMotive = inheritance Intent = was it planned and deliberate?Intent = was it planned and deliberate?

Motive Motive can notcan not prove a conviction in a prove a conviction in a murder trial because it is not one of the murder trial because it is not one of the elements of a crime.elements of a crime.

22__KNOWLEDGEKNOWLEDGE

An awareness of certain facts that can An awareness of certain facts that can be used to establish be used to establish mens rea.mens rea.

For exampleFor example: If a person knew a : If a person knew a document was forged and used it document was forged and used it anyway. The word “anyway. The word “knew/knowknew/know” ” indicates the indicates the mens reamens rea of the offence. of the offence. To establish guilt, the Crown only has To establish guilt, the Crown only has to establish that the accused knew the to establish that the accused knew the document he or she used was forged.document he or she used was forged.

3) CRIMINAL 3) CRIMINAL NEGLIGENCENEGLIGENCE

reckless disregard for the lives and reckless disregard for the lives and safety of others, sometimes causing safety of others, sometimes causing serious injury or death.serious injury or death.

For exampleFor example, leaving a loaded gun in a , leaving a loaded gun in a house with children. house with children.

4) RECKLESSNESS4) RECKLESSNESS

Consciously taking an unjustifiable Consciously taking an unjustifiable risk that a reasonable person would risk that a reasonable person would not take.not take.

For exampleFor example, driving without your , driving without your prescription glasses and getting into prescription glasses and getting into a serious accident.a serious accident.

5) WILFUL BLINDNESS5) WILFUL BLINDNESS

A deliberate closing of one’s mind to the A deliberate closing of one’s mind to the possible consequences of one’s possible consequences of one’s actions.actions.

For exampleFor example, buying a TV from a fellow , buying a TV from a fellow student which clearly has the name of student which clearly has the name of the school board on the TV. The price the school board on the TV. The price is too good to pass up, so you buy it is too good to pass up, so you buy it but in your mind you likely knew it but in your mind you likely knew it had been stolen.had been stolen.

Multiple ChoiceMultiple ChoiceINVOLVEMENT IN A CRIMEINVOLVEMENT IN A CRIME

PerpetratorPerpetrator- person who actually commits the crime.- person who actually commits the crime.2 people = co-perpetrators 2 people = co-perpetrators

AidingAiding – helping a perpetrator commit a crime. You – helping a perpetrator commit a crime. You don’t have to be on the scene.don’t have to be on the scene.

ie: giving a key to someone to break into a store.ie: giving a key to someone to break into a store.

Parties to an OffenceParties to an Offence – those people who are – those people who are indirectly involved in committing a crime.indirectly involved in committing a crime.

AbettingAbetting- encouraging the perpetrator of a crime - encouraging the perpetrator of a crime without actually providing physical assistance. without actually providing physical assistance.

ie: egging on a perpetrator who is beating someone ie: egging on a perpetrator who is beating someone up.up.

CounsellingCounselling- advising, recommending or - advising, recommending or persuading another person to commit an offence. persuading another person to commit an offence. You don’t have to be on the scene.You don’t have to be on the scene.

ie: advising a perpetrator the best way to ie: advising a perpetrator the best way to accomplish a criminal act.accomplish a criminal act.

Accessory After the FactAccessory After the Fact- someone who knowingly - someone who knowingly receives, comforts or assists a perpetrator in receives, comforts or assists a perpetrator in escaping from the police.escaping from the police.

ie: allowing a perpetrator to hide out at your house.ie: allowing a perpetrator to hide out at your house.

Party to Common IntentionParty to Common Intention- the shared - the shared responsibility among criminals for any additional responsibility among criminals for any additional offences that are committed in the course of the offences that are committed in the course of the crime they originally intended to commit.crime they originally intended to commit.

ie: If 5 people hijack a security truck and one of ie: If 5 people hijack a security truck and one of them shoots and kills the driver, all 5 can be them shoots and kills the driver, all 5 can be charged with murder.charged with murder.

Two types of Incomplete Two types of Incomplete Crimes:Crimes:

1)1) AttemptAttempt – – the the intention to commit a intention to commit a crime, even when the crime, even when the crime is not crime is not completed. The completed. The Crown only needs to Crown only needs to prove obvious steps prove obvious steps toward committing a toward committing a crime.crime.

ExampleExample: terrorist : terrorist bombing- construction bombing- construction of a bomb, having a of a bomb, having a bomb in your bomb in your possession.possession.

2)2) ConspiracyConspiracy – an – an agreement between 2 agreement between 2 or more people to or more people to carry out an illegal carry out an illegal act, even if that act act, even if that act does not actually does not actually occur.occur.

ExampleExample: 2 people : 2 people who plan to murder, who plan to murder, hire a hit man who hire a hit man who turns out to be an turns out to be an undercover police undercover police officer.officer.

Criminal Criminal OffencesOffences

Question 14Question 143 Levels of Offences3 Levels of Offences

Summary Summary CConviction onviction OOffenceffence IndictableIndictable HybridHybrid

Summary Conviction Summary Conviction OffencesOffences

Minor offencesMinor offences < $2000 fine or < 6 months< $2000 fine or < 6 months Tried in Provincial courts Tried in Provincial courts No Jury Judge onlyNo Jury Judge only Charges like public intoxication, Charges like public intoxication,

trespassing.trespassing. Does not result in a criminal recordDoes not result in a criminal record

Indictable OffencesIndictable Offences

More serious crimes i.e. murder, More serious crimes i.e. murder, perjuryperjury

Sentences range from two years to lifeSentences range from two years to life Sometimes has a minimum sentenceSometimes has a minimum sentence If penalty is less than five years it is If penalty is less than five years it is

usually held in the provincial court usually held in the provincial court without a jurywithout a jury

If more than it is held at superior If more than it is held at superior court, with option of a jurycourt, with option of a jury

Hybrid OffencesHybrid Offences

These offences are indictable but These offences are indictable but have an option to be tried as have an option to be tried as summary conviction.summary conviction.

If the person does not have a record, If the person does not have a record, the crown can lower it to a summary the crown can lower it to a summary offence.offence.

Theft under $5000Theft under $5000 Sexual assaultSexual assault

Offences Against a PersonOffences Against a PersonHomicideHomicide

Section 222 – a person commits Section 222 – a person commits homicide when directly or indirectly, homicide when directly or indirectly, by any means, causes the death of a by any means, causes the death of a human being.human being.

CulpableCulpable – killing that accused is – killing that accused is responsibleresponsible

Non-culpableNon-culpable – accused cannot be – accused cannot be held responsible. Ex. Self defence, held responsible. Ex. Self defence, soldiers, executioners.soldiers, executioners.

Question 15 Culpable Question 15 Culpable HomicideHomicide

1st Degree Murder1st Degree Murder4 4 QualificationsQualifications

Section 231(1)Section 231(1)

1.1. Planned and deliberatePlanned and deliberate

2.2. One person hires another to commit One person hires another to commit murdermurder

3.3. The victim is a police officer, prison The victim is a police officer, prison employee, or other person employed for employee, or other person employed for the preservation of a public placethe preservation of a public place

4.4. Murder is committed while attempting Murder is committed while attempting another serious offence.another serious offence.

Manslaughter - Manslaughter - ProvocationProvocation

Provocation – words or actions that Provocation – words or actions that could cause a reasonable person to could cause a reasonable person to behave irrationally or lose self behave irrationally or lose self control.control.

Can be no cooling off periodCan be no cooling off period This would drop and charge of 2This would drop and charge of 2ndnd

degree to Manslaughter degree to Manslaughter

Question 18 Sexual Question 18 Sexual AssaultAssault

Level 1 – most commonLevel 1 – most common Victim suffers the least physical Victim suffers the least physical

injury.injury. Defined as assault which violates the Defined as assault which violates the

victims sexual integrity victims sexual integrity Usually involves touching of a sexual Usually involves touching of a sexual

nature that is not invited or nature that is not invited or consensual.consensual.

Max is 10 years in prisonMax is 10 years in prison

Level 2 Sexual assaultLevel 2 Sexual assault

Sexual assault with a weapon Sexual assault with a weapon causing bodily harm causing bodily harm

Max sentence of 14 years.Max sentence of 14 years.

Level 3 Sexual AssaultLevel 3 Sexual Assault

Aggravated sexual Assault – Aggravated sexual Assault – wounding, maiming, disfiguring or wounding, maiming, disfiguring or endangering life of the victim of a endangering life of the victim of a sexual assault.sexual assault.

Max life imprisonmentMax life imprisonment

Consent DefenceConsent Defence

Valid if the accused had an honest Valid if the accused had an honest and reasonable, even if mistaken, and reasonable, even if mistaken, belief that the victim was consenting belief that the victim was consenting to sexual contact.to sexual contact.

Consent DefenceConsent Defence

Cannot be used when:Cannot be used when:

1.1. Victim says “no” by words or physical Victim says “no” by words or physical actions.actions.

2.2. When the accused is intoxicated and not When the accused is intoxicated and not able to determine if consent has been able to determine if consent has been given.given.

3.3. When the accused person was reckless or When the accused person was reckless or deliberately blind to the victims deliberately blind to the victims responses, or failed to take reasonable responses, or failed to take reasonable steps to find out if the victim was steps to find out if the victim was consenting. consenting.

Offences Against Property -Offences Against Property -TheftTheft

Taking property without owner’s Taking property without owner’s permission.permission.

Colour of Right – the honest belief Colour of Right – the honest belief that a person owns or has that a person owns or has permission to use an item.permission to use an item.

Sentencing depends on the amount Sentencing depends on the amount stolen.stolen.

TheftTheft

Theft Over- When theft is over Theft Over- When theft is over $5000 it is an indictable offence with $5000 it is an indictable offence with max sentence of 10 years max sentence of 10 years imprisonment.imprisonment.

Theft under – When value of good Theft under – When value of good stolen is under $5000 it is a hybrid stolen is under $5000 it is a hybrid offence with the max sentence of 2 offence with the max sentence of 2 yrsyrs

RobberyRobbery

The theft of personal property The theft of personal property through violence or the threat of through violence or the threat of violence.violence.

Indictable offence with max penalty Indictable offence with max penalty of life imprisonment.of life imprisonment.

52 % of thefts involve a weapon.52 % of thefts involve a weapon.

Breaking and EnteringBreaking and Entering

Breaking or opening something in Breaking or opening something in order to enter the premises without order to enter the premises without permission with the intent to commit permission with the intent to commit an indictable offence.an indictable offence.

Punishable by a maximum charge of Punishable by a maximum charge of 10 yrs if place is a commercial 10 yrs if place is a commercial building.building.

Life sentence is place is a residential Life sentence is place is a residential dwelling house dwelling house

MischiefMischief

Wilfully destroying or damaging Wilfully destroying or damaging property or data.property or data.

Interfering with the lawful use of Interfering with the lawful use of property or dataproperty or data

Hybrid offences.Hybrid offences. Includes vandalism or doing things Includes vandalism or doing things

that could potentially harm livesthat could potentially harm lives If death is caused could be life If death is caused could be life

imprisonmentimprisonment

Mischief - Public Mischief - Public MischiefMischief

Occurs when someone provides false Occurs when someone provides false information that causes the police to information that causes the police to start or continue an investigation start or continue an investigation without cause.without cause.

FraudFraud

Intentionally deceiving someone in Intentionally deceiving someone in order to cause a loss of property, order to cause a loss of property, money, or service.money, or service.

Penalties determined by valuePenalties determined by value Less than 5000 could be a summary Less than 5000 could be a summary

conviction with a max of 2 years.conviction with a max of 2 years. More than 5000 can be a max of 10 More than 5000 can be a max of 10

years and is indictable.years and is indictable.

Prostitution Prostitution

The act of engaging in sexual services for The act of engaging in sexual services for money.money.

Section 231 the prostitute or client can be Section 231 the prostitute or client can be charged if he or she charged if he or she

Stops or attempts to stop any person, or Stops or attempts to stop any person, or in any way, communicates for the purpose in any way, communicates for the purpose of engaging in prostitution or of obtaining of engaging in prostitution or of obtaining the sexual services of a prostitute.the sexual services of a prostitute.

Results in a summary conviction offence.Results in a summary conviction offence.

Prostitution continuedProstitution continued

S 210 states keeping a bawdy house S 210 states keeping a bawdy house is also a summary offence.is also a summary offence.

Place kept occupied or used by a Place kept occupied or used by a person for the purpose of person for the purpose of prostitution.prostitution.

Procuring and living off the money Procuring and living off the money from prostitution is indictable with a from prostitution is indictable with a max penalty of 10 years, max penalty of 10 years,

14 years if prostitute is under 18.14 years if prostitute is under 18.

20 Drug Offences - 20 Drug Offences - PossessionPossession The state of having knowledge of and The state of having knowledge of and

control over a controlled substance.control over a controlled substance. 3 Points3 Points1.1. The person must know what the item is The person must know what the item is

and have some measure of control over and have some measure of control over it.it.

2.2. A person may be found in possession A person may be found in possession even if they gave the item to another even if they gave the item to another personperson

3.3. Can be charged even if the person does Can be charged even if the person does not own the controlled substance or not own the controlled substance or have it in their possession as long as have it in their possession as long as the person knows about it and consents the person knows about it and consents to its possession by someone else.to its possession by someone else.

TraffickingTrafficking

To sell administer transport, send To sell administer transport, send deliver or distribute a controlled deliver or distribute a controlled substance, or to offer to do any of substance, or to offer to do any of the abovethe above

Trafficking or possession for the Trafficking or possession for the Purpose of Trafficking have the same Purpose of Trafficking have the same penalties.penalties.

Question 20 Possession Question 20 Possession PenaltiesPenalties

SchedulSchedulee

SubstanceSubstance Max PenaltyMax Penalty

11 Opium derivatives (Cocaine, Opium derivatives (Cocaine, heroin, morphine, heroin, morphine, MethadoneMethadone

Indictable 7yrsIndictable 7yrs

Summary 1Summary 1stst offence offence = $1000 – 6 months= $1000 – 6 months

22ndnd offence 2000 – 1 offence 2000 – 1 yryr

22 Cannabis derivativesCannabis derivatives Indictable 5yrsIndictable 5yrs

Summary = same as Summary = same as aboveabove

33 Amphetamines and Amphetamines and derivatives. (speed, LSD, derivatives. (speed, LSD, MDA(ectasy)MDA(ectasy)

3 yrs indictable3 yrs indictable

Summary = same as Summary = same as aboveabove

44 Barbiturates Barbiturates (valium, steriods)(valium, steriods)

nonenone

55 PhenylpropanolaminPhenylpropanolamine e

nonenone

Trafficking SentencesTrafficking SentencesSubstancSubstanceses

Type of OffenceType of Offence Max PenaltyMax Penalty

1 or 21 or 2

Opiates, Opiates, CannabisCannabis

IndictableIndictable LifeLife

3 3 BarbituateBarbituatess

Indictable Indictable

SummarySummary10 years10 years

18 months18 months

4 4 PhenylproPhenylpropanolaminpanolaminee

Indictable Indictable

SummarySummary3 years3 years

1 year1 year

origin of law “rules are not laws, but all laws are rules.” question 1

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