The Possibility of Change. Chapter review. The Rule of Law. A concept/principle which suggests that for law to exist and function properly: There has to be general recognition that there is a need for law. No one is above the law. The law applies equally to everyone.
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The Possibility of Change
Ex. A Judge cannot make a fair ruling if he fears the government may jail him!
The government and the Justice system must operate somewhat independently of one another
Think about it…
Law protects our Democracy!
..and our democracy protects our law!
Can you elaborate/explain?
-Lobbying (lobby Groups)
-Referendums (people vote on issue)
-voting a for a new government (elections)
-Requesting a Royal Commission
-Challenging laws in court (court challenge)
(If they choose to do so)
a law or a body of laws enacted.
the act of making or enacting laws.
Legislator, Legislature, Legislative assembly
Question: Who are legislators? What do we normally call them?
-Supreme court acquitted Daviault of sexual assault because he was too intoxicated to form the necessary intent(complicated).
-This would have set a precedent for using intoxication as a defense.
-In response to outrage, the Federal government passed new legislation that prohibited the defence of intoxication where there is “interference with the bodily integrity of another person.”
(This situation helps illustrate the relationship/balance between the courts and the government.)
(a government policy of racial discrimination and segregation in South Africa until 1990)
(Hudson’s Bay Co. sold Rupert’s Land to the Federal Government in 1869)
The Métis people turned to Louis Riel to fight for them.
(Until 1988, procuring an abortion was a criminal act. The Supreme court agreed that this was a violation to section 7 of the Charter (the right to life, liberty and security of person) and struck down the law.)
We currently have no legislation addressing this issue.
(Assisting someone in killing themselves remains a criminal offence punishable by up to 14 years in prison)
Convicted of first degree murder, he challenged s. 51 (e) of the Canada Elections Act which denied prisoners the right to vote.
Section 3 of the Canadian Charter of Rights and Freedoms states that all citizens have the right to vote.
Richard Sauvé: Challenged s.51 (e) of the Canada Elections Act
and Right To Die Society
Top 10 Lobby Groups
CNN Article – Washington's Power 25
-OSAID Ad Hoc committee on changing the legal drinking age in Ontario
-CCTC (Canada Council for Tobacco Control)
-Assembly of First Nations
-Canadian Association of Chiefs of Police
May serve a role as an intervenor (friend of the court)
-Kriever Commission 1993
-Laura Sabia/ Royal Commission on the Status of Women 1967.
(led to maternity leave, gender and marital status as grounds of discrimination, more judges in courts)
“…the right to peaceful assembly”
A Peaceful form of protest by which a person refuses to obey a particular law as a matter of conscience.
threat-he was walking out of
the room when he
Does it matter if she really was in danger, OR, if she honestly believed she was in danger?see excerpt
The reasonable person standard may not apply.
R v. Lavallee set a precedent for the use of Battered Women’s Syndrome as an exculpating factor.