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Social Studies 10G

Democracy and Government in Canada

Name:_____________________

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Government & Democracy Key Terms

Use the textbook to define the following terms:

Democracy Government Society Authoritarian Consensus Politics Power Common good Rule of law Restitution Direct democracy Representative democracy Executive Legislative Judicial Constitutional monarchy Governor General Members of Parliament House of Commons Cabinet Cabinet Solidarity Minority Government Official Opposition Senate Councillors Backbenchers Band Councils Constituents Federalism Figure Head Mayor Ridings Royal Assent Veto Rural Municipalities Nonpartisan

Simpsons "Lord of the Flies" Questions

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Answer the following questions based on the Simpsons episode “Das Bus” (Parody based loosely on the Lord of the Flies novel).

1. What event caused the class to end up on the island?

2. What happens immediately after the end up on the island?

3. What was the significance of the conch shell (pink shell)?

4. Who organized the class at the beginning?

5. What was the first two things they needed to set up (basic needs)?

6. Were they successful at setting up either?

7. What did Lisa suggest they do?

8. What did they do after they found the food? Was this a good idea? Explain how Lisa again was the voice of reason.

9. Why did they turn on Milhouse?

10. What did Lisa say that Milhouse was entitled to? Why?

11. How did the group react after the verdict? Who established themselves as a leader? How was his leadership different from Lisa and Bart?

12. Did the Declaration of Human Rights have any significance on the island? What would need to be put in place so it did?

13. Why did the class organize themselves into a society? What is the benefit of being a part of a society? What does a society provide to the people within it?

14. Why do we organize ourselves into cities, provinces and countries?

15. What role does the government play in our lives? Provide some examples?

16. What prevents chaos, like what happened on the island, from happening in our society?

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Plane Crash Scenario Questions

1. Why would it be beneficial to work as a group in this scenario? /1

2. What would or did make it hard to work as a group (come to an agreement on the ranking)? /1

3. How did your group come to a decision? What was your guideline on how to come to an agreement? Was it effective? Why or why not? /2

4. What type of government did your society of survivors resemble? Is this similar to the society we live in? Explain. /2

5. Do you think if this was a real life situation your group would have been able to survive? Explain.(Why or why not? What would need to change in how you worked together so you could survive) /2

6. Why is that we naturally organize ourselves into societies? /1

7. Was there a clear leader in the group? Why was this person a leader (elected, appointed?) Did they have good leadership traits? Explain. /2

8. Based on this scenario, what would make a society successful? What kinds of things would need to be in place? Explain. /2

9. Using examples from the Simpson episode “Das Bus” and the plane crash scenario why society needs government and rules to “survive”. /2

Answer on loose-leaf and hand in

Key Concept Textbook Questions Chapter 5

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1. How does a democracy resolve conflicts among people?

2. Complete a comparison chart for the different types of governments mentioned in chapter five (be sure to include how they make their decisions).

Authoritarian Government Democratic Government Government by Consensus

3. What is required of a society and its citizens for a government to function democratically?

4. What are some causes of civil conflicts?

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5. How would an authoritarian government resolve a conflict?

6. How would a democratic government resolve a conflict?

7. What are the 4 key elements of democracy?

8. List 3 obstacles to democracy.

9. Explain the difference between being a citizen and a subject.

10. List 8 powers of a citizen in a democracy.

Textbook Questions

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Pause, Reflect, Apply pg. 119 # 2,3,4,5 in our text Canada in the Contemporary World.

FACE OFF: Should Government Sponsor Gambling pg. 118 # 1 & 2 in our text Canada in the Contemporary World.

Chapter 6 Textbook Questions

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1. Create a chart to compare the different responsibilities for each level of government. /15

Federal Provincial/Territorial Municipal/Local

2. How does each level of government raise money to provide services? /3

Federal:

____________________________________________________________________________

____________________________________________________________________________

Provincial:

____________________________________________________________________________

____________________________________________________________________________

Local/Municipal:

____________________________________________________________________________

____________________________________________________________________________

3. Define and explain federalism: /2

____________________________________________________________________________

____________________________________________________________________________

There are three levels of government in Canada: 1. Federal, 2. Provincial (or Territorial) and 3. Municipal. The government at each level makes laws based on their area of responsibility: The

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entire country, a province or territory, or an individual city, town or village. These laws affect you every day.

Do you know which laws are made by each level of government?

Cut along the dotted lines and organize the following situation based on what level of government would be responsible for what law.

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You bought a good movie and want to share it with your friend. Since copyright regulations prevent you from copying the movie you lend him your copy (Copyright Act)

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You buy a new pair of shoes and you have to pay a general sales tax of 3% on top of the purchase price. (Goods and Services Tax Act)

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You are going on an exchange trip to France this summer and have to get a passport in order to be able to travel (citizenship law)

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You are unable to get your drivers licence until you turn 16. (Highway Traffic Act)

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When you drive downtown, you put money in the meter when you park so that you don't get a ticket. (Traffic and Parking By-law)

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You have been picking up your neighbours’ mail while they are away. You notice an interesting package but you have to wait until they open it before you can find out what’s inside (Canada Post Corporation Act).

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You have to stay in school until you either graduate or turn the age of majority. (Education Act)

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You go out for dinner with your friends and want to order a glass of wine but the waiter won’t serve you because you are not yet the age of majority. (Liquor Licence Act)

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Your parents are installing a pool in the backyard. They have been informed that they also have to build a fence around it. (Pool Enclosure By-law)

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You want to go fishing with your cousin, so you both apply for fishing licences. (Fishing Regulation)

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You always wear a seatbelt while driving. (Highway Traffic Act)

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You are at an outdoor concert. The band has to finish by 11:00 PM, because of the noise laws. Noise By-law)

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You have just turned 18. From now on you will be able to vote in elections for the Member of Parliament you would like to represent your area. (Canada Elections Act)

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Do you know which laws are made by each level of government?

Federal Provincial/Territorial Municipal/Local

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Aboriginal Self-government

In Canada Aboriginal peoples have a right to self-determination. Self-determination is the right of an Aboriginal nation to choose how it will be governed. First Nations had systems of government and justice before European contact. Many of these systems were democratic including here in Manitoba the AnishnaabeOjibwe clan system.

Today, Aboriginal communities can be self-governed. Self-government is the right of a people to exercise political autonomy. Self-government may include advice from tribal councils (voluntary groupings of bands sharing common interests) in such areas as economic development and community planning. The Assembly of First Nations is equal in Aboriginal self-government to that of the provinces of Canada within Canada’s federal system.

Aboriginal self-government depends on the demographic concentration of Aboriginal peoples living in an area. 85% of Citizens in Nunavut are Inuit, the whole territory is self governed. Aboriginal communities in Manitoba have achieved varying degrees of self-government at the local level.

Concluded Agreements

In collaboration with its negotiation partners, Canada has signed 20 comprehensive self-government agreements recognizing a wide range of Aboriginal jurisdictions that involve 34 Aboriginal communities across Canada. Of those, 17 are part of a comprehensive land claim agreement (modern treaty). Currently there are about 80 self-government negotiation tables across the country. These tables are at various stages of the negotiation process and in most cases are being negotiated in conjunction with comprehensive land claims. The goal is to find a more streamlined way to conclude more agreements in less time, for the benefit of all Canadians.

Good Governance

New self-government arrangements support the achievement of "good governance" – governance that is participatory, accountable, responsive, efficient and effective, transparent and that operates by the rule of law. Good governance is a critical component of achieving strong, healthy communities. For self-government agreements to be effective, they need to address, among other things, the structure of the new government and its relationship with other governments, new fiscal (money) arrangements, the relationship of laws between jurisdictions, program and service delivery, and implementation planning.

Accountability

Self-government agreements establish Aboriginal governments that are primarily responsible to their citizens, as well as establish a framework for intergovernmental relationships between the Aboriginal, federal and, provincial governments. They must have the capacity, size, and resources to be effective, positioning Aboriginal communities to pursue opportunities for economic development.

Read the above sections and answer the following questions.

1. Explain what self-determination is.

2. Explain what self-government is.

15SS10G3. How many aboriginal communities have recognized self-government agreements? How many are in negotiations?

4. What is meant by “good governance”? Why is important?

5. What is needed for self-government to be effective?

6. What is meant by accountability in a self-government?

7. Why do you think it is important for both Canada as a nation and Aboriginal peoples to have Aboriginal self-government? Explain.

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Why Canada needs the Senate Canada cannot afford to scrap the Senate because it serves an increasingly important function in our increasingly dysfunctional Parliament.

Canada needs the Senate today to compensate for the fact that the vast majority of MPs are unwilling to develop and voice expertise on key issues facing the country, writes Eugene Lang.

By: Eugene Lang Published on Thu Aug 22 2013

A conventional wisdom has emerged that goes something like this: Canada’s Senate is an antidemocratic anachronism stuffed with self-absorbed party hacks who care more about their perks than the public interest. The Red Chamber operates like the worst kind of private club and is rife with corruption and possibly criminal conduct. The Senate serves no useful purpose, costs lots of money, and if it cannot be reformed it should be scrapped.

The outrageous expense habits and grotesque entitlement mentality of a handful of senators lend credibility to such generalizations. Nevertheless, Canadians cannot afford to scrap the Senate because it serves an increasingly important function in our increasingly dysfunctional Parliament.

What we do not need the Senate for today is one of its original purposes — to represent the interests of the provinces in the federal legislative/policy process. Federal “regional ministers,” powerful voices within every Cabinet that have special responsibilities to represent their province at the Cabinet table, accomplish that function today. People like Lloyd Axworthy in the Chrétien government, who ensured anything of significance that Ottawa did touching on Manitoba was subject to his scrutiny. Or Ralph Goodale, who fought hard for Saskatchewan’s interest around the Cabinet table for more than a dozen years. John Baird, the regional minister for Eastern Ontario today, is a current equivalent. The provincial interest is taken care of by regional ministers in a way that no senator or group of senators could hope to match.

The reason we need the Senate today is not to further amplify provincial views in Ottawa, but rather to compensate for the increasing marginalization of the House of Commons in the legislative and policy process, and the fact that the vast majority of MPs are unwilling to develop and voice expertise on key issues facing the country. Many senators and their committees, by contrast, have proven over the years to be quite capable of achieving fairly deep policy knowledge — and even technical legislative expertise — that can be important in shaping better public policy and improving legislation.

Sean Kilpatrick / The Canadian Press

17SS10GSome Senate committees — the committee on banking, trade and commerce, the national finance committee, the committee on social affairs, science and technology, for example — have enriched public policy thinking, sparked debate on important issues, and helped improve legislation in a way few House of Commons committees have in many years. Senate committees increasingly do the work the House can no longer do because of the bitter partisanship, permanent campaign mindset, and attendant unwillingness to do substantive policy work that characterizes the orientation of MPs. For many years now Members of Parliament have been complicit in this gradual debasement of their policy and legislative function such that we now need the Senate to do the work the House should be doing.

There is good reason for such behaviour on the part of MPs. There are few rewards for the backbench MP who becomes a recognized expert in his or her party in a particular field. Rewards — notably a Cabinet position or high-profile critic post — increasingly go to those who can score political points on their opponents, are camera friendly and satisfy geographic quotas, less so those who have public policy knowledge and the skills to work with their opponents to advance the public interest. As a result, fewer and fewer MPs with ambition aspire to develop such expertise. Senators, by contrast, only get rewarded, i.e. noticed, if they or a committee they are on does something important and of substance. And Senate committee reports are invariably regarded as far more objective, substantive and thorough than what comes from House committees.

The willingness of senators and their committees to delve deeply into issues, hold lengthy public hearings with experts to better grasp the nuances of policy, and write thoughtful reports that might not always align with the views of their party are positive attributes of this flawed institution. Senators, unlike their colleagues in the House, can act somewhat independently of the party line, secure in the knowledge that they never have to rely on the party leader to sign their nomination papers. Most senators are also realistic enough to know they have little chance of ever ending up in Cabinet (typically only one senator is appointed to Cabinet), obviating the need to play sycophant to the party leader and parrot whatever talking points are foisted on them by his or her staff.

In other words, membership in the exclusive club that is the Senate has its privileges beyond loose expense accounts. Senators, as distinct from their colleagues in the House, have a certain room to manoeuvre and freedom of thought that some senators choose to exercise. And senators are incentivized in a way MPs are not to develop knowledge that can improve policy and governance.

These are qualities Canadians cannot do without and are worth paying something for.

18SS10GGet your act together, Canada: abolish the Senate BY TOM BRODBECK ,WINNIPEG SUN FIRST POSTED: SATURDAY, NOVEMBER 30, 2013 04:58 PM CST

A member of the cleaning staff dust the Senate thrones in Ottawa. (Chris Roussakis, QMI Agency file photo)

It shouldn't be too complicated for Canada to get its act together and abolish the country's unelected, ineffective and undemocratic Senate.

As long as the provinces and Parliament agree, a constitutional amendment could be made almost overnight and, with one stroke of the pen, we could get rid of this useless

institution.

The Senate serves no purpose whatsoever in the legislative process in Ottawa. Proponents of the Senate claim its members often do "good work" reviewing and scrutinizing legislation as the chamber of "second sober thought." In reality, though, the Senate does little more than rubber stamp the legislative agenda of whoever is in power in Ottawa and exists primarilly as an institution where party loyalists are rewarded for their partisan support.

It's a compete rip off for taxpayers, which costs Canadians well over $100 million a year. And, as an unelected body, it undermines the basic principles of democracy.

If there was a legitimate reason to include the Senate in a bicameral system of government when the Fathers of Confederation did a deal in the years leading up to 1867 -- and it may have been necessary back then to address regional fears of an all-too-powerful central government -- those reasons no longer exist.

The Senate votes along party lines and does nothing to protect the regional interests of any part of Canada.

Besides, the evolution of the constitution's division of powers between the federal and provincial governments already protects regional interests in the areas of health care, education and social welfare. And the Charter of Rights and Freedoms provides a perfectly good check-and-balance against any government -- provincial or federal -- that tries to run roughshod over the rights and freedoms of Canadians.

So why do we need the Senate in 2013? We don't. It's out of date and it's a waste of money.

So how do we get rid of it?

It starts with provinces like Saskatchewan and Manitoba whose governments passed motions this month to begin talks with Ottawa to amend the constitution to abolish the upper chamber.

The Saskatchewan government of Premier Brad Wall passed such a motion earlier this month and got the support of that province's Opposition NDP.

Premier Greg Selinger's NDP government in Manitoba also passed a motion this week to abolish the Senate, although the Opposition Tories voted against it.

The Tories argued it was premature to vote on such a motion until the Supreme Court of Canada issued its opinion -- expected some time in the next year or two -- on the level of provincial support required to abolish the Senate.

It's a bogus argument from the Tories since the top court will either rule that seven out of 10 provinces representing at least 50% of the population (the standard constitutional amending formula) is required to abolish the Senate. Or it will rule that such an amendment requires the unanimous consent of the provinces and Parliament.

19SS10GEither way, it's going to require substantial provincial support to abolish the Senate. If a political party believes in abolition -- and it's unclear if the Manitoba Tories do -- now is the time to stand up and be counted.

The more provinces that express a clear desire to abolish the Senate and call for talks with Ottawa to begin the amendment process, the faster we can get rid of this wasteful and irrelevant institution.

Prime Minister Stephen Harper is wrong to pursue half-measure reforms like term limits for senators and provincial nominations for would-be senators. That would only further legitimize the upper chamber, which would be wrong since the make-up of the Senate disproportionately represents Canadians.

The only solution to the Senate nightmare is to put an end to it once and for all.

Hopefully the leadership shown by the governments of Saskatchewan and Manitoba will catch on in other provinces.

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Should the Senate be Abolished? Write a 3 point paragraph about whether or not the senate should be abolished.

Intro Statement (state your opinion clearly)

3 Supporting Points

Paragraph A- point and explanation.

Paragraph B- point and explanation.

21SS10GParagraph C- point and explanation.

Conclusion

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Comments:

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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Date:__________________ Name:_________________

Canadian Political Scavenger Hunt The name and photo of the Governor General of Canada (represents the queen) /2

The name and photo of the Prime Minister of Canada

(Leads party with the most seats in the H of C) /2

A Canadian symbol /1

A political cartoon about the senate scandal /1

The name and Photo of Manitoba’s Premier (leads largest party in MB government) /2

The name and photo of the leader of the opposition /2

The name and picture of a Senator /2

The name of a Cabinet Minister picture and his or her portfolio /3

The name and picture of the speaker of the house (H of C) /2

The name and picture of the leader of Winnipeg’s Municipal Government (mayor) /2

The name and picture of Canada’s first Prime Minister /2

The name and picture of the leader of the Liberal Party of Canada /2

The name and picture of the Lieutenant Governor of Manitoba /2

1st Member of the Green Party of Canada to be elected to the (H of C) /2

A former Prime Minister of Canada who won a Nobel Peace Prize /2

Picture of the Senate /1

Picture of the House of Commons /1

A picture of the figure head of Canada (the Queen)

/1

/30

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How do Citizens Elect Governments?

“Democracy is the process by which people choose the man who’ll get the blame”

-Bertrand Russell

Voting

Voting in an election has been called the single most important act of political participation in a democracy. Democracies today are representative democracies, not direct democracies that first developed in ancient Greece.

Why would we elect officials instead of directly voting on each law?

Canada’s recent voting record

The percentage of Canadians voting in federal has been decline.

Thoughts on why?

How can we solve this problem?

Mandatory voting?

The Election Process

The prime minister (federal) or premier (in a province or territory) choose the best time to call an election in a 5 year limit.

Bill C-16 now holds elections on a fixed date but does not limit the power of the party in charge to call an election sooner.

Who Can Run For Office

1. Must be 18 years or older.

2. Must collect 100 signatures (nomination).

3. Deposit $1,000.

4. Does not have to live in the riding they wish to represent.

5. Does not have to be a member of a political party.

What Do Political Parties Stand For?

What are the different political parties in Canada?

A political party is based around core beliefs. “Right”, “Centre” and “Left”.

Read together pg. 185.

Answer Pause, Reflect, and Apply pg. 185.

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Election Flow Chart: Election Process in Canada pg. 179

PAUSE, Reflect and Apply

Answer the following question using pages 177-181 in your text.

1. Who, in theory, has the power to call a federal election? Who actually makes the decisions?

2. What circumstances might require a voter to use an advance poll?

3. Why is a voters’ list necessary for a proper election?

4. What is the purpose of scrutineers?

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How Does Government Make Policy

Platforms and Policies?

Policy is the plan of action of a political party or government to achieve _____________.

During an election each party promotes a ___________. A platform is a group of policies they promise to pursue if elected.

How are Policies Developed?

Policies fall into several different areas:

• _________(health, education) • _________(taxes, money supply) • International(defense, _____________, foreign relations) • Public works(transportation, ___________________) • Resources(fisheries, agriculture, energy) • __________(justice)

Consequences of a Policy

Most policies are created with good intentions.

Criteria of a “good” policy:

• Do what’s best for __________ people. • Protect the _________________ in society. • Provide ___________________ and equity. • Create a cleaner, healthier community.

Stakeholders

Individuals or groups that have something to _________ or __________ from a policy or law. Think of some examples?

Examples:

26SS10GAnswer Pause, Reflect, and Apply Questions on pg. 170 #1-6.

27SS10Gme: .....................................................................................

Bill on the HillCut out the steps for passing a bill and re-arrange them in the correct order. Glue the steps in the correct order on a blank sheet of paper and show how each step is connected using arrows.

A parliamentarian has a good idea and writes it down to become the Good Idea Bill.

The changed Good Idea Bill C has its Third Reading.

The Good Idea Bill C goes to the Senate, where it goes through a similar legislative process (Introduction and First Reading, Second Reading, Committee Stage, Report Stage, Third Reading), and passes.

The Good Idea Bill C passes in the House of Commons!

The Good Idea Bill is introduced (First Reading) in the House of Commons, printed and given a number that starts with a C.

The Committee reports on the Good Idea Bill C. Changes to the bill are considered and voted on.

The Good Idea Bill receives Royal Assent from the Governor General.

The Good Idea Bill C goes to committee, where it is examined line by line.

The Good Idea Bill is now the Good Idea Law.

The Good Idea Bill C has its Second Reading, during which it is debated and voted on in principle.

Note: If the bill was introduced in the Senate, it would be given the letter S followed by a number.

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Youth JusticeThe Youth Criminal Justice Act (2003) determines how law breakers between the ages of 12 and 17 are treated. The youth justice system reflects the idea that young people are still maturing and do not yet possess the judgements of adults.

In Canada the justice for youth differs from adult justice in many different ways, including:

• Degree of accountability (to what extent the person can be held responsible for the crime).• Length of sentences.• Approaches to rehabilitation. • Young people involved in the justice system can not be identified by the media. • Prison sentences are less severe then those for adults and are served in youth detention centres, not adult

jails.

Besides custody (imprisonment/jail) young offenders may receive extra-judicial measures (outside the court system). These would include:

• Restitution (paying back to the community, usually through service)• Community support for the youth.• A meeting between the victim and the young offender.

According to Statistics Canada young adults aged 18-24 have the highest rates of drug offences, followed by those aged 12-17.

Youth Criminal Justice Act Video

http://www.justice.gc.ca/eng/cj-jp/yj-jj/ycja-lsjpa/index.html

Pause, Reflect, Apply pg. 203 # 1,2,3,4,5,7 in our text Canada in the Contemporary World.

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Youth Criminal Justice Act Questions

1. What is the Youth Criminal Justice Act (YCJA)?

2. If you are arrested, what are your RIGHTS (hint: pg. 198 & 203)?

3. How are youth justice and adult justice different in Canada?

4. Why do you think a separate justice system is needed for young offenders?

5. What possible consequences do young people face whey they break the law?

6. What are the objectives of the YCJA?

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Group Activity –Your Turn to Decide

The class is going to be divided into groups of six. Students will have a chance to be a part of a Community Justice Forum.

Read together: “One type of program that could be used as an alternative to court is a Community Justice Forum. This involves bringing together the parents, police, the victim(s) and their supporters, grandparents, teachers, counsellors or anyone else who may be able to help with a solution. These people meet with the young person who committed the crime to discuss the incident and find an appropriate and meaningful consequence. Everyone has the opportunity to discuss how the incident has affected them and the youth is expected to take responsibility for their actions. Each of the participants is given the opportunity to make recommendations for the type of “punishment” they think should be given. A written contract is written and signed by the teen. If the teen completes each part of their agreement their file is closed and they will not have to go to court or have a youth court record.”

“Understanding what it means to have a youth record is important.”

“Some people think that your record automatically gets destroyed when you turn 18, but that is NOT TRUE. The age when your record closes depends on how old you were at the time of the crime and how you have behaved since then. It is also important to keep in mind that serious youth crimes do occur and the Youth Criminal Justice Act is prepared to deal with them in a serious manner.”

“Now that you have a better understanding of the Youth Criminal Justice Act, and know how important it is to provide youth with meaningful consequences, you are going to have the opportunity to decide what type of punishment is appropriate for the following incidents.”

Each student in the group will choose a role:

• Youth accused of committing the crime • Parent • Teacher • Victim • Victim’s support person • Police officer • (optional) Community Member • (optional) Grandparent

31SS10GOnce each group has been given a scenario their first task is to read it aloud. Then they must each choose a role from the list on above and begin their discussions. As part of a Community Justice Forum, students will have to decide on the most meaningful and appropriate consequences for the youth in the scenario. It is important to remember that the youth must have accepted responsibility for what happened to be given the opportunity to participate in an out of court program.

Scenarios: H.’s parents offered to pay H. to clean out the car while they were at work. H. was removing the floor mats when he found the spare key. H. had a beginner’s license but was not yet licensed to drive alone. He/She decided to get in some practice and took the car out for a drive. H. did not get far from home when he/she lost control of the car on a sharp turn and hit the neighbour’s fence causing considerable damage.

T. is caught by a teacher using drugs in the school bathroom. The teacher is shocked as T. is a top student and athlete. T. is devastated that in getting caught he/she will no longer be able to play on the school team as they head into the finals.

J., having just turned 16 leaves home and school determined to make it on his own. Unable to find work he finds himself on the street struggling to get by. He finds himself under arrest when he is caught shoplifting from the local grocery store.

Two older youth T. and C. were bored and looking for some excitement when R., a younger kid, comes along the narrow path on his/her bike. Just for fun the older teens block the path and refuse to let the bike pass. The R. gets off the bike and tries to walk around them but is scared off and runs away leaving the bike behind. The T. and C. insist that they were just joking around, and they assumed that when R. left the bike they could just take it.

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Case Study: "Linda" Linda is 13 and she has a very supportive family. Her parents have enough money to buy her what she needs. However, Linda's friends are involved in shoplifting and even though Linda doesn't 'need' anything she shoplifted a pair of $25 earrings from a department store to show her friends that she could be like them. A store clerk reported her suspicious activity to the store detective who stopped her on her way out of the store. The earrings were found in her bag.

Case Study: "Brian" Michael and Brian, both 14, spent most of their evenings planning how they were going to get into a concert that their parents had already said they could not go to. One night Brian slept over at his friend Michael's house. That evening Michael's mother came home early and she left her purse on the kitchen counter. When Michael was in the washroom Brian opened her purse and stole $125.00 in cash. The next morning the money was discovered to be missing and Michael's mother phoned the police. The police visited Brian at home and his mother searched his room in front of the police. The $125.00 was found in one of his drawers.

Case Study: "Amy" Amy, 16, has been using drugs and alcohol for over a year. She does not attend school regularly and she comes and goes as she pleases. She ignores her parents' house rules. Her parents don't know what to do as they know that drugs and alcohol are controlling Amy’s life. A neighbour, who is new to the neighbourhood, asked Amy if she would be willing to babysit one Saturday night. Amy's parents were nervous about the idea because of Amy's drug use and because of her unpredictable behaviour. However, Amy's parents also wanted to give her a chance to behave responsibly. While babysitting, she called a friend to come over and take away some of the neighbour's jewellery and small electronic items. Amy planned on selling them to a pawnshop to get money to buy more drugs. Because of Amy's age the pawnshop owner was suspicious and he called the police. It was obvious that these items were not Amy's and she confessed to the police who had arrived at the pawnshop with her parents.

Case Study: "Frank" Frank, 17, has been having trouble at school. He and his parents had been called in to see his high school counsellor several times. Frank was walking through the parking lot when he saw his counsellor's car. He looked around to make sure that no one was nearby. Then he took out his house key and ran it along the side of his counsellor's car scratching the car. Later that day his counsellor discovered the damage to his car and he called the police. The police came and fingerprinted the areas above and below the scratch marks and they found many sets of matching fingerprints. When the police questioned the counsellor about anyone who might be angry with him, the counsellor mentioned Frank’s name. Frank was brought into his counsellor’s office with the police and he was told about the fingerprints. He admitted to doing the damage.

33SS10GCase Study: "Melissa" Melissa, 16, has been angry with her parents for weeks because they wouldn't sign the forms to allow her to get a learner's license. Her parents told Melissa that there had been too many times in the last two years when she had shown very bad judgment. They were worried about her safety and the safety of others if she were allowed to drive. Melissa's parents were out for the evening and Melissa convinced her friend Beth that Melissa could drive them to the convenience store to buy snacks and then to the video store to rent a video. About four blocks from the store Melissa lost control of the car. She crashed into a mailbox and a bus bench. The bus bench and the mailbox were destroyed.

Case Study: "Vinh" Vinh, 15, has been in trouble with the law several times for minor offences, mostly shoplifting and possession of drugs. A friend of his father's had agreed to give Vinh a job at a hardware store. The first month went well. Then the owner began to notice that the sales registered on the detail tape of the cash register were not equal to the cash in the drawer. The till was often short of money at the end of Vinh’s shifts sometimes only $25 but sometimes as much as $60. It was not normal for the store to be out more that $10 at the end of a day. The owner confronted Vinh and there was a heated argument. Vinh eventually admitted that he had stolen the money. He shouted at the owner, "What did you expect? You knew I was a bad kid!" Case Study: "Anthony" Anthony, 15, has been in trouble for fighting at school several times but he has never been involved with the police. A convenience store close to his school would not allow him to enter during lunch hour because there were already too many people in the store. The store had a policy of only letting in six teenagers at a time during the lunch break to try and prevent shoplifting. At the door Anthony argued with the owner who spoke very little English. The owner then refused to let Anthony in at all because he frightened her. Later that night Anthony returned to the store and vandalized it by breaking windows, ripping off plastic roofing and spray painting racial slurs on the sides of the store. A neighbour, who heard the noise, called the police who arrived at the store and found Anthony there. Case Study “John Smith” Late one summer, John Smith attended a party at a friend's house. At the time, John Smith was 17 years old and was looking forward to returning to high school the next month. During the party, at which both drugs and alcohol were consumed, an argument broke out between some friends of the accused and some uninvited young men who had shown up around 11:30 p.m. When the accused attempted to intervene, he was confronted by one of the uninvited young men. In retaliation, Smith, the accused, punched the young man causing him to fall and strike his head. Smith was charged with assault causing bodily harm.

Case Study “Jasmine” While at the mall with a group of friends, Jasmine 15 saw a sweater that she had seen in a magazine. It would be perfect for her to wear at an upcoming family event. The problem was, the sweater cost considerably more than Jasmine could afford. She decided to try on the sweater anyway. It was a perfect fit! Her friends all told her how amazing the sweater looked on her and that she just had to have it. When Jasmine stated sadly that she could not afford it, some of her friends offered to distract the sales people in the store so that she could slip the sweater into her bag. After much thought, Jasmine agreed. As she headed out of the store, the alarm sounded. She had been caught.

34SS10G

Case Study: “AJ” When A. J. 16 got his driver's license, he could not wait to take his friends out for a drive. On a Saturday evening in the spring, A. J. and a group of his friends piled into the car and headed out from Lacombe toward Leduc. When they pulled up to a stoplight, a sporty car filled with another group of teens pulled up alongside. As they waited for the lights, the two cars began to rev their engines. When the light turned green the sporty car accelerated quickly. Not to be outdone, A. J. stepped on the gas, squealing tires, and his car followed in hot pursuit. The two cars sped down the road reaching speeds well above the speed limit. Suddenly, another car turned the corner into the path of the speeding cars. Swerving to avoid a collision, A.J.'s car hit the curb, flew across a lawn and smashed into the front of a house. Luckily, A. J. and his friends received only minor injuries but the front end of the car was destroyed and the house suffered several thousands of dollars in damage.

Case Studies

You decide!! You will learn from the case studies that young people—from a range of ages, both genders and all family backgrounds—occasionally break the law. Some of the categories include: violence, property damage, driving, and substance abuse. 1. Read the case studies and identify: ● the victim of the crime,

● the nature of the crime, ● the severity of the crime. (how serious)

2. Suggest a reasonable consequence for the crime committed. Establish criteria that you can use to guide your decisions as to what would constitute a fair and reasonable consequence. Remember, that the consequence needs to balance the interests of: ● the youth who committed the crime; e.g., their freedom, well-being, long-term prospects ● the victim of the crime; e.g., security, well-being, justice ● society at large; e.g., security, well-being, justice ● criminal justice system; e.g., ability to protect society and youth, self protection, efficacy, cost.

Some possible criteria you may consider: ● the severity of the crime. ● considers the age of the accused. ● allows for rehabilitation. ● protects interests of the community, victim,accused,justice.

3. Determine the consequences!! What is the impact of the proposed consequence? Consider who would benefit the most or who would be punished the most.

Think about: ● youth who committed the crime (freedom, well-being, long term prospects) ● victim of the crime (security, well-being, justice) ● society at large (security, well-being, justice) ● criminal justice system (ability to protect society and youth, self protection, effectiveness, cost).

**Which of the consequences would best balance the interests of all parties involved** 4. How different would the punishment look if these crimes had been committed by an adult? Choose ONE

of the studies you looked at and complete the steps again to determine the punishment if the crime had been committed by an adult. What would change? What would remain the same?

35SS10G

Text Questions

FACE OFF: Young Offender or Young Adult? Pg. 208 # 1, 2.

36SS10G

Sentencing Debate – Pro Adult Sentence

Group #1Facts:• A 14 year old girl and her 24 year old boyfriend were both charged with 3 counts of first degree murder.

• The 14 year old girl and her boyfriend are accused of killing the girl’s parents and brother.

• The 14 year old girl had often complained to her boyfriend that she hated her parents because they would ground her and take away her computer privileges and thus wanted them dead.

• The boyfriend brutally stabbed his girlfriend’s parents a total of 36 times.

• The boyfriend then told his girlfriend to stab her brother.

• The 14 year old responded by saying “I can’t,” and he said, “You have to, I did this for you.”

• The girl then stabbed her brother once in the chest, and then her boyfriend slit her brother’s throat.

• Immediately after the murder, the 14 year old girl packed some clothes, stole her mother’s purse, went to the nearby 7-11 to withdraw cash out of her mother’s account and then went to her boyfriend’s trailer.• The two accused then went to a house party later that night and were seen making out.

• The 14 year old never checked to see if any of her family members were alive, nor did she ever call the police.

• The defense argued that the 14 year old had merely talked about killing/hating her parents, however, never meant it. The defense also argued that during and after the murder the girl was in a trance and was not aware of what was going on.

• The crown argued that she wanted her parents killed because they did not approve of her dating someone 10 years her senior.

Trial:• The trial has not yet taken place.

Sentencing:• In the case of murder, It is up to the judge to decide whether to hand out an adult sentence or a youth sentence.

• Adult Sentence: If the 14 year old girl is given an adult sentence she could receive a life sentence in jail with no possibility of parole for 25 years, the minimum sentence would have been 10 years in an adult jail.• Youth Sentence: The maximum youth sentence would be 10 years in custody.

• Note that once the girls turn 20 they are transferred to an adult prison, one sister who is 20, is already in jail.

Read through the above scenario. As a group take the stand point that the 14 year old girl in the scenario should be tried as an adult and not a youth. Use the facts to support your argument.

List your arguments that you will present and your reasoning:

37SS10G

Sentencing Debate – Anti Adult Sentence

Group #2:Facts:• A 14 year old girl and her 24 year old boyfriend were both charged with 3 counts of first degree murder.

• The 14 year old girl and her boyfriend are accused of killing the girl’s parents and brother.

• The 14 year old girl had often complained to her boyfriend that she hated her parents because they would ground her and take away her computer privileges and thus wanted them dead.

• The boyfriend brutally stabbed his girlfriend’s parents a total of 36 times.

• The boyfriend then told his girlfriend to stab her brother.

• The 14 year old responded by saying “I can’t,” and he said, “You have to, I did this for you.”

• The girl then stabbed her brother once in the chest, and then her boyfriend slit her brother’s throat.

• Immediately after the murder, the 14 year old girl packed some clothes, stole her mother’s purse, went to the nearby 7-11 to withdraw cash out of her mother’s account and then went to her boyfriend’s trailer.• The two accused then went to a house party later that night and were seen making out.

• The 14 year old never checked to see if any of her family members were alive, nor did she ever call the police.

• The defense argued that the 14 year old had merely talked about killing/hating her parents, however, never meant it. The defense also argued that during and after the murder the girl was in a trance and was not aware of what was going on.

• The crown argued that she wanted her parents killed because they did not approve of her dating someone 10 years her senior.

Trial:• The trial has not yet taken place.

Sentencing:• In the case of murder, it is up to the judge to decide whether to hand out an adult sentence or a youth sentence.

• Adult Sentence: If the 14 year old girl is given an adult sentence she could receive a life sentence in jail with no possibility of parole for 25 years, the minimum sentence would have been 10 years in an adult jail.• Youth Sentence: The maximum youth sentence would be 10 years in custody.

• Note that once the girls turn 20 they are transferred to an adult prison, one sister who is 20, is already in jail.

Read through the above scenario. As a group take the stand point that the 14 year old girl in the scenario should be tried as a youth and not an adult. Use the facts to support your argument.

List your arguments that you will present and your reasoning:

38SS10G

Questions for Discussion1. The defense argued that at 14 years of age, a youth cannot appreciate the consequences of murder and therefore the 14 year old girl should be sentenced as a youth and not as an adult.Can a youth at the age of 14 appreciate the consequences of their actions?

Should a 14 year old be held to the same standard as an adult?

2. After the murders the 14 year old stole her mother’s purse, withdrew money from her mother’s account, went to her boyfriend’s trailer and then to a house party later that night. The 14 year old girl never checked to see if her parents or brother were still alive, nor did she call 911. At trial, the 14 year old cried while on the witness stand and while descriptions of her parents and brother’s bodies were read aloud to the court.Do you feel that she has shown the appropriate remorse that justifies the judge giving a youth sentence?

3. If the 14 year old is given an adult sentence she would spend significantly more years in prison.Would more time in jail make the sister more likely or less likely to commit murder again and why?

4. The crown argued that the 14 year old girl wanted her parents killed because they did not approve of her dating a 24 year old man. The defense argued that she had just complained to her boyfriend as most teenagers do, that her parents were overly strict and wished they were dead, when in fact she was just venting and did not intend for her boyfriend to kill her parents.Do you think that the 14 year old girl’s intent should have any bearing on whether she receives a youth or adult sentence?

39SS10G

Aboriginal Justice Just over 1.4 million people in Canada claim some Aboriginal heritage (2011 census figures). In many parts of Canada, Aboriginal groups operate separate justice systems and their own police force.

One reason supporting an Aboriginal justice system is the high number of Aboriginal men and women in the prison population. In Canada:

● 18 % of male inmates are Aboriginal. ● 29 % of female inmates are Aboriginal.

In Manitoba:

● More than 50% of inmates are Aboriginal. Aboriginal Justice developed because of inequities in the mainstream system. For example historically Aboriginal victims typically received less attention than other crimes because of systematic racism. The Justice system also ignored Aboriginal customs around crime and punishment.

Helen Betty Osborne Helen Betty Osborne was abducted and brutally murdered near The Pas, Manitoba, early in the morning of November 13, 1971. The high school student, originally from the Norway House

Indian Reserve, was 19 years old when she was killed.

Several months’ later Royal Canadian Mounted Police officers concluded that four young white men, Dwayne Archie Johnston, James Robert Paul Houghton, Lee Scott Colgan and Norman Bernard Manger, were involved in the death. Yet it was not until December 1987, more than 16 years later, that one of them, Dwayne Johnson, was convicted and sentenced to life imprisonment for the murder of Betty Osborne. James Houghton was acquitted. Lee Colgan, having received immunity from prosecution in return for testifying against Houghton and Johnston, went free. Norman Manger was never charged.

J.J. Harper Harper a 37 year old aboriginal male was shot dead by a Winnipeg police officer in 1988. Robert Cross, the police officer who shot Harper was exonerated(cleared) by a police panel 6 hours after the shooting. Two days later a judicial inquest also cleared Cross. Harper was not a suspect in any investigation and had been simply walking home when Cross detained him for questioning. When Harper said he didn't have to answer the questions Cross grabbed his arm and a scuffle ensued, Harper was shot dead.

These two cases prompted the Manitoba government to launch an inquiry into its own justice system. This was the first time that the government faced the fact of “selective justice”.

In 1999 the Aboriginal Justice Implementation Commission (AJIC) was formed. One of its goals is to encourage greater aboriginal participation in the justice system, therefore ensuring justice for all.

40SS10G

Cowboys and Indians: The J.J. Harper Story (2003)

J.J. Harper, a First Nations chief, is gunned down by police constable Robert Cross on his way home one snowy night in downtown Winnipeg. This film is based on the book written by Gordon Sinclair Jr. “Cowboys and Indians: The Shooting of J.J. Harper”.

As you watch the film answer the following questions on loose-leaf.1. Describe briefly the events leading up to the shooting.

2. Who do you think instigated the altercation between Constable Robert Cross and J.J. Harper? Explain.

3. How was the crime scene handled? In your opinion would this be common? Explain.

4. Who was Gordon Sinclair?

5. Where charges laid against Cross? How long did it take to make that decision?

6. Describe Cross’s behaviour as the film went on.

7. What is the difference between a trial and an inquest?

8. What were some of this issues (that came out during the inquest) with how the evidence was handled?

9. How did the police call in to question J.J.’s Character?

10. What was the result of the inquest?

11. What followed the inquest? How were Harry and Joe able to pursue justice?

12. Why do you think Ken Dawson took his own life?

13. What did the Inquiry find? How did this bring solace to Harry and to some degree the Indigenous community in Manitoba?

41SS10GRestorative Justice: Aboriginal Model Restorative Justice brings together the offender, the victim and the community when a crime has been committed. The system of justice has been practiced for generations by indigenous people including Manitoba’s First Nations and Metis. The main principle of restorative justice is that a crime cannot be addressed unless the community understands why it occurred. Restorative Justice:

● Victims can talk about their needs. ● Offenders must take responsibility for their actions in front of the victim and community. ● Communities can address crime because they understand it better.

Uses both sentencing circles and healing circles. Pg. 213

Define and explain the following: Sentencing circle:

Healing Circle:

Read Pages 211215 Explain using the textbook and your notes above how aboriginal justice changed to reflect cultural difference.

Identify two developments in Aboriginal justice and explain why these methods are more effective for First Nation peoples.

42SS10G

Branches of Government in Canada

● In Canada, government powers are separated into _________________. ● ____ branch structure. ● By separating government powers into branches, each would be checked and balanced.

The 3 Branches

● ___________ carry out the business of government. ● Legislative _________ ___________. ● ________________ to interpret and enforce laws.

Executive

● Make and implement decisions. ● Carry out ____________ and run government departments.

Key People

____________represented by the governor general(federal), ____________(provincial) or commissioner (territorial).____________ (federal) or ________________ (provincial). Cabinet ministers and civil servants.

Legislative

_______________, debate, and ___________ laws.

Key People

43SS10G_______________ representatives. Appointed senators (federal level only).

Judicial

_______________ and ___________ laws.

Key People

_______________ and _____________.

Executive Branch The Governor General:

Canada is a ____________________. The British Monarch became the official head of state. Today __________________ II is the monarch of Canada. Canada’s constitution limits the monarch’s power. The monarch is represented in Canada by the ____________________.

Today the __________________ recommends the candidate for______________ to the monarch. He or she is the figurehead in name alone.

Governor General:

Signs bills into law (known as ___________________)

Officially welcomes foreign governments to Canada.

________________ the speech from the Throne.

Promotes ________________ in and ______________ of Canada.

_____________________ position which reflects traditions of our past.

Lieutenant Governor In each of the ____ provinces the Lieutenant Governor represents the ___________.

Provincial duties include:

__________ bills into law.

Reading the _______________ from the Throne.

Promoting the _________________.

The Prime Minister and Cabinet The prime minister is the most ___________________ political leader in Canada.

He or she is leader of the political party with the most elected ___________________ or ____________________________ (MPs) in the_____________________.

The prime minister chooses a group of advisors known as the __________________.

The prime minister and the cabinet hold the real ________ of the federal executive branch.

The prime minister chooses ___________ ministers from his or her party. Must reflect _________________ and have gender _______________. Include ______________ members, who look after ________________

44SS10G(i.e. Finance, Justice, Health and Defence) Example: The Minister of Justice might propose changes to the criminal law related to marijuana.

Backbenchers __________________ are non cabinet MPs that sit behind the cabinet. Represent the interests of their __________________. Have major influence on policy and must follow the principle of ____________________ solidarity (publicly support all cabinet decisions or resign).

The Premier and the Cabinet The ____________________leads the _____________ branch of the provincial government. The federal principles of majority support, cabinet selection, and cabinet solidarity apply provincially as well.

The Legislative Branch __________________ branch of government, elected by the voting public. If the executive branch loses the support of the elected legislature, it must resign.

The House of Commons The _________________ in Ottawa is our federal legislative body. Made up of members of Parliament elected in _________ separate ridings or constituents (geographical areas). MPs represent the interests of the ___________ (voters and non-voters) in his or her riding.

Most constituencies have around 100,000 voters. The Political party with the largest number of _____________ becomes the government of Canada.

Bills Ideas for bills are usually introduced by ______________. To pass a bill the government needs the support of “one-half plus one” of the total number of MPs.(1/2x308+1=155) *There are currently 332 (1/2x332+1=167)

If a government loses an important vote in the ________________, it loses confidence of the House and will probably have to resign. After a government is defeated the _______________ may call for a new election or invite the Official Opposition(Party with the next largest number of seats) to form a government. Minority Government If the government had more MPs than any other party but less than 166 (majority) they form a ______________________. Example: 2008 election: Conservative (143), Liberal (77), Bloc Québécois (49), NDP (37), and Independent (2).

The Speaker of the House The _______________________ is elected by secret ballot by all the MPs. He or she is expected to be ______________________ (not biased toward any particular political group). The speaker acts as a referee between the MPs and enforce the rules of a parliamentary debate. Ritually dragged to the seat because at one time it was considered a very dangerous position. (9 speakers of British Parliament were executed after their reports to the Monarch).

Question Period 45 minute period where opposition members can question the____________ and cabinet.

The opposition usually tries to embarrass the government with questions on almost any issue. Must address the MPs through the speaker referring to one another “the Honourable member from (name of riding).” IIf they use “unparliamentary language” they may be forced to apologize.

45SS10GThe Senate The ____________ is the Upper House of the legislative branch of the federal government.

At one time is was thought that only upper class people could be elected to the senate because common people could not be trusted to run government. Their main purpose was to “_________”(block) “_____________” Bills. Still considered the chamber of “sober second thought”, however rarely vetoes legislation. 105 senators.

Legislative Assembly The legislative branches of Canada’s 10 provinces are almost mirror images of the ________________. Elected representatives are known as______________________(MLAs). In Quebec they are known as Members of the National Assembly (MNAs) and in Ontario they are known as Members of the Provincial Parliament.

Territorial Assembly Each Territory has a _______________ (similar to lieutenant governor), a premier and a legislative assembly (similar to provincial legislature). Territories have less power than the provinces.

Local Government Councils Head of the government in a town or city is called the ______________The mayor leads the government of councillors who are elected by their geographic area. Individual citizens can have the most impact on government at this level. Therefor reform (change) should occur here first. _______________________are similar to local government in the way they operate. (Indian Act).

Judicial Branch Deals with law courts and the administration of justice. Canada’s courts can also be called upon to

________________ laws. Provincial and Territorial Courts

Enforce laws in civil and criminal issues. Each province and territory has a court of appeal.

Supreme Court Highest court in the land, and the court of ________________________.

Examples?? Same sex marriage, abortion, shopping on Sundays.