LAWS 1000 Lecture Notes - Lecture 6: Moral Panic, Canadian Identity

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10 Aug 2016
Oct 25
Common law gives more powers to judges therefore more power to lawyers
R v Oakes
-arrested and charged with trafficking. He had 700$ and 7 bottles of hashish oil
-this was a violation of section 11
-it was found irrational to think that someone would traffic simply because of a large amount of drugs.
If the decision is unpopular they can use the notwithstanding clause to reinstate a law that was struck
down. Ex: child pornography possession. It is against violating rights but nothing can be done about it,
for 5 years.
Constitutional Law Today
-constitution is considered a part of our Canadian identity.
-in Canada we read the constitution as how it should apply today. A more progressive way.
-it’s changing with the times, how can it apply now
Historical sources of Canadian law
-we have the laws we have because the British won the war.
-3 founding laws: aboriginal, French, English
Aboriginal Laws
-French thought aboriginal were lawless people since it was not codified
-assimilation efforts
-reserve system was put in place to keep the aboriginals from society and if they wanted to, they had to
-classification, either Indian or not. Ex: aboriginal woman cannot marry white man since she will lose her
A legacy of broken promises
-apology for residential schools in 2008
-we are trying to give aboriginal communities more freedom.
-people want to add aboriginal rights as mandatory to learn for lawyers since they are often in use in the
legal system.
Civil Law
-contract, tort, property, negligence causing harm, family law is civil that combines with our criminal law
-exist in most European countries
-built on abstract ideals
-the laws are codified and are all in one book
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