chapter 1 – heritage of law individual and collective impact on changes to the law

Chapter 1 – Heritage of Law

Individual and Collective Impact on Changes to the Law

Agenda

1. Individual and Collective Impact on Changes to the Law

2. Read Anytus, Meletus and Lycos v. Socrates, 399 BCE, Athens, p.70 in textbook and do ?’s 1-4

Learning Goal for Today

By the end of the lesson, students will be able to explain how law changes and how individuals and collective groups have influenced changes to the law

Expectations Evaluate the influence of individual

citizens who have fought to change the law

Assess the role of collective action in changing the law in democracies

CGE4c – responds to, manages and constructively influences change in a discerning manner

CGe7d – promotes the sacredness of life

*Independent Judicial System R. v. Daviault (1994) – SCC

Sexual assault intoxication case – court accepted intoxication defense

Medical history No mens rea

Bill C-72 passed No intoxication defence to anyone

accused of interfering or threatening to interfere with the bodily integrity of another person

Parliamentary Supremacy

*R. v. Ewanchuk (1999) Case about implied sexual consent

Job interview in trailer

Touching, 3 no’s and then didn’t object on 4th attempt

Charged with sexual assault

SCC said no basis in law for implied consent

*R. v. Morgentaler (SCC 1988)

OB-GYN Doctor who did illegal abortions

At time, was illegal to give abortions unless licensed

Case caused problems for gov’ts case, resulted in abortion laws being dropped

*Rodriguez v. BC (A.G.) (1992)

s.241 Criminal Code (CC) aid and abetting suicide

Had ALS asked to have s.241 found invalid for violating Charter s.7 (life, liberty), 12 (cruel & unusual punishment) & 15(1) (discrimination based on disability)

In Canada, passive Euthanasia is legal (pulling plug, terminal sedation)

*Rodriguez v. BC (A.G.) (1992)

SCC denied request S.7 - is to preserve life not destroy S.12 - cruelty is disease not gov’t

S.15 – too difficult (didn’t really address) More recent case in B.C. Gloria Taylor Superior Court in B.C. struck down

provisions at trial in June 2012 Being Appealed

http://www.theprovince.com/news/Gloria+Taylor+right+question+Ottawa+appeals+assisted+suicide/6930319/story.html

Bill C-384 In 2009 - Bill C-384 was proposed (didn’t

pass) Said doctors wouldn’t face criminal

prosecution for helping a person die: (a) at least 18 (b) after being given or refusing

treatment, (c) continues to "experience severe

physical or mental pain without any prospect of relief,“

(d) or suffers from terminal illness.

Bill C-384

AFEAS (a womens’ rights group) in Quebec favour euthanasia

Bill C-384

Other groups feel that opening the door to active Euthanasia (or assisted suicide) is dangerous and unnecessary

Perverse consequences on vulnerable

Quebec public hearings into euthanasia

Quebec Ministry of Justice – examining “discretion” question

*Sauve v. Gov’t of Canada (1993/2002)

1st degree murder, 25-year sentence Wanted to be able to vote Pre-1993 – if in provincial or federal

prison, can’t vote in provincial or federal elections

1993 – SCC said anyone provincial prison can vote

(Write this) 2002 – SCC said now any prisoner can vote in any election

*Lobby Groups

Lobby Groups: a person or group, which tried to influence legislators such as lawmakers and governments

*Montreal Massacre (1989) Man went into university and shot all

women (didn’t get accepted, blamed them)

Dismissed from army for mental issues

Still had fire arms in house, all legal and registered

Caused Firearms Act in 1995 http://archives.cbc.ca/society/crime_j

ustice/topics/398/

*Firearms Act Firearms Act and Long Gun Registry

Problems Many problems Harper government has now cancelled

gun registry Quebec court recently ordered Federal

government to hand over Quebec gun registry records to the Quebec government http://www.thestar.com/news/canada/politics/article/1254233--quebec-superior-court-orders-feds-to-hand-over-long-gun-registry

*Christopher Stevenson

10 year old boy was kidnapped and murdered by recently released pedophile

Mother wanted to be informed of all sex offenders in community

Led to creation of Ontario Sex Offender Registry (Harper wants to put on-line)

*Royal Commissions

Status of Women (1967)

Women could not teach if they were visibly pregnant (up to 1973)

Wage inequality (now improving)

Royal Commissions

Krever Commission (1993) Tainted blood scandal Found Hep C, HIV are blood

transmitted Without screening blood 60,000

people got Hep C and 2,000 people got HIV from blood transfusions

*Legal ScholarshipBattered Woman’s Syndrome (BWS) –

R. v. LaVallee (1990) LaVallee shot her husband in the

back of the head Justice Wilson, SCC – LaVallee was

able to use defense of self-defense Three conditions must be met…

On-going terror, frequent violence Inability to escape relationship despite

violence Escalating patterns of abuse that put her life

in danger

Other Examples of Collective Action Resulting in Change

Civil Disobedience & Protests in Canada rarely are successful

U.S. Examples American Revolution – Boston Tea Party

(Tax) Civil Rights Movement – Rosa Parks Anti-War Movement

Other Examples of Collective Action Resulting in Change

World Ghandi – peaceful protest & stopped

making salt Arab Spring – Tunisia, Egypt, Yemen

Why isn’t it civil disobedience when first Nations people protest? Because they live in sovereign nations

within Canada

Yet another election comic…

Homework Read Anytus, Meletus and Lycos v.

Socrates, 399 BCE, Athens, p.70 in textbook and do ?’s 1-4