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LAWG 101D1- Midterm Exam Guide - Comprehensive Notes for the exam ( 69 pages long!)


Department
Law General
Course Code
LAWG 101D1
Professor
Stephen Smith
Study Guide
Midterm

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McGill
LAWG 101D1
Midterm EXAM
STUDY GUIDE

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ECO/ TORTS WEEK 1
September 13th
Private law of civil wrongs (as oppose to the public law of criminal wrongs for criminal
justice course)
Bad things happen, people get hurt, products recalled in fear of something bad happening
--> always a complicated mixtures of individual choices and collective sense of harm,
tension , fear
o Often search for the causers of the harm
o Identify and address framework (political, historic, structural) issues
o Reminders to listen careful of different stories of peoples whose lives cross in these
tragedies and complicated interaction
HUMAN dimension
o Listen to people, listen to how they express themselves
o How the law sometimes unequally require some to repair their harms
9/11
o Compensation scheme - ensure all families who lost loved ones with help in the
form of monetary compensation
Identify wrong, connection between wrong doer and sufferer, and how to repair wrongs
Legacy of Canadian residential schools
Not a one day, one moment event, but rather over 100 years of policy implemented and
executed by federal government in conjunction with judges to put in place IRS across
country to separate children from their families
When bad things happen to MANY people, how the law can respond to those wrongs
Needs
Record/remembrance
Acknowledgement
Apology
Accountability
Access to therapy/healing
Access to education or training
Financial compensation
Prevention and public awareness
Compensation
Collective experience compensation - $10,000 + $3,000 for each year
Independent assessment process: Certain dollar values were attach to certain kinds of
harms
Regimes/Responses
Community initiatives
Truth and reconciliation commission
Criminal justice process
find more resources at oneclass.com
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Civil action (private law of civil wrongs)
Assessment of Responses (Community initiatives, Truth and Reconciliation Commission, Criminal
Justice Process, Civil Actions)
1. Does it uncover facts?
2. Does it respect and engage survivors?
3. Does it have authority to hold people accountable?
4. Does it promote acknowledgement and reconciliation?
5. Does it meet needs beyond those of individuals (family, community)?
6. Does it prevent future harm?
Community Initiatives:
o Community is the best situated to determine what the memorial should look like or
what actions are most relevant
o Provide space to reconstruct a space for oral history
o Rebuild cultures and traditions
o Shifting resources from the destruction of communities to the rebuilding of them
o The community level is the best location to ensure the prevention of harm,
However there is still a lack of connection between Aborignal communities
and non-aboriginal communities
o Ability to hold community members morally accountable
Truth and Reconciliation Commission:
o Institutionalized approach to deal with issues of this scale
o Compensation scheme could occur alongside the TRC
o Didn't have power to grant amnesty to perpetrators for telling a complete story -->
only really provided a space from survivors to tell their stories, so the picture is
incomplete
o Put colonization in a vacuum -- examines it on a narrow level rather than for the
ongoing implications of colonization which may affect how people are held
accountable
Criminal Justice Process:
o Complicated apparatus
o Extremely difficult for survivors to testify in a case where they are the victims, and
as a result it may become re-traumatized through a trial
o Highest tool possible for wrongdoers to be held accountable in Canada
o Individual level, both for victims and wrongdoers
This was in fact an institutional wrong, the scheme was larger than an
individual level that was caused by an array issues like lack of supervision or
disregard for the aboriginal children
o Consequences, and looking to the future, are not things that the criminal justice
process is particularly good at dealing with.
We can't ensure that the wrongdoer actually takes on the accountability -
they may be told they accountable, but its not guaranteed that they in fact
accept their accountability
Civil Actions:
o -- Next class
find more resources at oneclass.com
find more resources at oneclass.com
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