LS 101 Midterm 2 (addition)

Society is organized according to sets of rules and standards

System of common values which lend legitimacy to government and transforms power into authority

Social order is based on consensus and people are committed to a unifying set of values

People obtain personal satisfaction and status from conforming to society's norms and values

Law Reflects the collective will of the people and Members of society agree upon basic definitions of rights and wrong

The law serves all people equally

The model explains disorder in reference to improper socialization

a framework that acknowledges the presence of multiple interest groups and organizations in society, each with their own distinct goals and views.

The legal system is value-neutral and exists as a value-free framework in which disputes can be settled fairly and peacefully

Social order result of power and coercion

Results from competition for power and scarce resources & class conflict

focuses on having an effiencent system, with the most important function being to suppress & control crime to ensure that society is safe and there is public order

• foundational base

• traditional model based on BNA Act 1867 which enstores peace, order, good government

Society relinquishes degrees of liberty in order to gain protection from crime and from those who disrupt the social order

Liberty in a democratic society is always constrained

Trust in law enforcement, positive role, CCM (corruption, crime and misconduct)

Police operate upon a presumption of guilt and Police must be given resources

CCM emphasizes social order, punishment, deterrence of criminal conduct concern for victims and victims rights

Concerned with efficiency in the operation of the criminal process

The greatest threat to our freedom comes from the misuse of power and authority

Power must be severely limited and monitored

Police must operate under the strict rule of law

• demands a formal, adjective, adversarial process headed by an impartial tribunal, judge, and or jury

• Model stresses the possibility of error and bias particular against minorities and the poor 

• Mistakes can happen - mistakes are used as evidence to argue that the process needs reform and increasing vigilance 

DPM emphasizes legal guilt as opposed to factual guilt and Concerned with whether or not the police and Crown can prove their case and whether or not their client’s rights have been respected

The emphasis is on the means (the process by which the system operates) as opposed to the ends( convicting criminal and maintain order)

Upholds legitimacy in the legal system and holds police accountable and DPM protects ordinary individuals in their jobs

Rights of individuals are prioritized over the rights of society and responsibility of citizens

The judiciary are not accountable nor are they representative of ‘in tune’ with the diverse needs and values of Canadian constitution

Greater endorsement and deployment of due process and Police are less likely to abuse authority

Joining of force between police, Crown and defense, victims and judges

Reforms advocate to reduce number of wrongful convictions, adopting ‘truth-seeking’ values Improving eyewitness identification

defense counsel viewed as impediment to processing the guilty

key to asserting and protecting defendants rights

RCMP does not allow for errors

Only in extreme cases, should a copy be allowed for analysis and Liberty is at stake

Expert notes were not disclosed or placed in evidence

Becomes constituted as inadmissible hearsay and Crown only relies on the hearsay testimonial

Partial prints leave open possibility that there is exculpatory evidence overlooked or unseen

Exclusion principle: uniques does not mean its a match and Must be sure exclude other matches

Older print on file possibly a better match but not used to make the positive identification

Gaps in low tolerance areas of print (eg, continuous ridge v ride, gap, ridge break) between latent and known

Mental illness, you have to prove that you actually are disabled and Criminal proceedings, burden lies on crown to prove beyond a reasonable doubt

Cases were assembled based on likeness and common custom or experience

System built upon shared understanding of experience within socio-cultural context of common everyday customs

Growing pursuit of a rational legal system and Judges not to make law; engage legal rationale

The constitution (1867 - 1982), Statutes/Acts, Judge-Made Law

The Charter of Rights and Freedoms (1982) and Canada Evidence Act (1985)

Legal document; major impact on criminal law and Outlines rules of governance

Embedded in constitution and Outlines rights of citizens and protection against unjust laws

Enumerated rights → life, liberty → race, gender

analogous grounds → immigration status, relationship status

Historical advantage/disadvantage

→ Affirmative action programs → Do not offend the Charter Rights

That government can and should be legally limited in its powers and Constitutionalism is ‘supreme law’ that necessitates a purposive interpretation by courts

Rules imposing limits upon government power must be entrenched, either by law or by “Constitutional Convention.”

The most important power of the Supreme Court, that of judicial review

Was there an error in jurisdiction, error in fact, error in procedural fairness and/or Unfair denial of immigration application by IRCC

Appellants appeal of the Federal Courts decision to dismiss application for the judicial review of orders handed down by federal government forcing Canadian travelers to stay at the “Quarantine Hotels” (Spencer V Canada 2021 FC 361)

Section 1 and 33

Limits can be placed on our rights and freedoms with the limitation can be “demonstrably” justified in a free and democratic society

Government overrides charter in best interest of society and In Best Interest of Society

to treat someone or something in a way that is fair and shows their or its true qualitie

using policies, operating procedures, training, emergency response and other administrative approaches to prevent incidents or to minimize the effects of an incident

to direct others to perform specific actions.

an uncodified rule of a constitution considered binding on political actors but not enforceable by the courts

the set of conditions required to make changes to the. Constitution.

a system in which the defendant's rights are not rigorously protected

concerned about the criminal laws violated

what a Defendant actually did

a body of rules that have been laid down for determining rights and legal obligations, which are recognized by the courts of justice

requires that court proceedings be open to the public, and that publicity as to those proceedings be uninhibited

The first is a failure to comply with any procedural requirements set out in statute. Secondly, there is a broader heading of failing to act 'fairly', the core of which are the rules of natural justice.

political ideology focused on the preservation of traditional values and beliefs.

a theory that well-being, what is good for someone or what makes a life worth living, is the only thing that has intrinsic value.

an experiment where both the subject and observer are unaware that the exercise in practice is a test.