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

7 views3 pages
10 Aug 2016
Department
Course
Professor
Law
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
assimilate
-classification, either Indian or not. Ex: aboriginal woman cannot marry white man since she will lose her
status
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
find more resources at oneclass.com
find more resources at oneclass.com
Unlock document

This preview shows page 1 of the document.
Unlock all 3 pages and 3 million more documents.

Already have an account? Log in

Get access

Grade+
$10 USD/m
Billed $120 USD annually
Homework Help
Class Notes
Textbook Notes
40 Verified Answers
Study Guides
1 Booster Class
Class+
$8 USD/m
Billed $96 USD annually
Homework Help
Class Notes
Textbook Notes
30 Verified Answers
Study Guides
1 Booster Class