C Block Criminology 12 - Today we'll look at hate crimes, robbery and terrorism. I'll have you work on the following questions:
- Despite cultural awareness and various initiatives in schools and in the media, hate crimes continue to happen in significant numbers in Canada. Discuss the types of hate crimes most prevalent in Canada and the current responses to them.
- Governments have tried numerous responses to terrorism. Discuss some of these responses.
- It is unlikely that the threat of punishment can deter robbery; most robbers refuse to think about apprehension and punishment. Wright and Decker suggest that eliminating cash and relying on debit and credit cards may be the most productive method to reduce the incidence of robbery. Although this seems far-fetched, society is becoming progressively more cashless; it is now possible to buy both gas and groceries with credit cards. Would a cashless society end the threat of robbery, or would innovative robbers find new targets?
- Based on what you know about how robbers target victims, how can you better protect yourself from robbery?
The Perpetrator: is the person who actually commits the criminal offence. When more than one person is directly involved in committing a crime, they are called co-perpetrators. In every case, the person actually has to be present at the scene of the offence to be identified as either a perpetrator of co-perpetrator. A person who commits an offence, aids a person to commit an offence, or abets a person in committing an offence is defined as a party to an offence under section 21 of the Criminal Code.
Aiding and Abetting: Aiding means helping a perpetrator commit a crime. To aid the perpetrator, one does not have to be present when the offence is committed. Abet means to encourage without actually providing physical assistance. Two things must be proved before an accused can be convicted of being a party by aiding or abetting. The first is that the accused had knowledge that the other intended to commit anoffence. The second is that the accused aided or abetted the other. Mere presence at the scene is not conclusive evidence of aiding or abetting. Under section 21(2), a person who plans an offence is just as guilty as a person who actually commits the offence. However, a person is not guilty if his/her action is not intended to assist in the commission of an offence.
Counselling: The separate offence of counselling, (s. 22), is similar to abetting but is much broader in scope. Counselling includes the acts of advising, recommending, persuading or recruiting another person to commit an offence (procuring, soliciting or inciting"). A person who counsels does not have to be present at the scene of the crime.
Accessories After the Fact: The Criminal Code provides a penalty for a person who is an accessory after the fact as outlined in section 23. Knowingly assisting a person who has committed a crime to escape capture includes providing food, clothing, or shelter to the offender. One exception to his law is the favoured relationship between a legally married couple. A man or woman cannot be held responsible for assisting in the escape of a spouse and someone escaping with a spouse. An accessory after the fact is one who receives, comforts or assists any one who has been a party to an offence in order to enable him/her to escape, knowing him/her to be a party thereto. There are three constituent elements of the offence of being an accessory after the fact: knowledge that a crime has been committed; an intent to assist the criminal to escape; and an act or omission intended to aid a criminal.
Next, please read through "Our Criminal Court System" from pages 134-136 and complete questions 1-5 on page 138
The Criminal Court System in Canada
Provincial Courts — Criminal Division (example: the British Columbia Provincial Court)
This is the trial court that most students will be familiar with as it involves the finding of facts, witness testimony, and the introduction of evidence. If a mistake is made at this stage, then an appeal can be made to a higher court. This court:
• arraigns the accused (reads the charge and enters the plea) in all criminal cases
• holds preliminary hearings for most severe indictable offences, where the accused elects to have the case tried in a higher court
• hears and tries criminal summary conviction cases and the least serious indictable offences such as theft under $5000
The judges in this court are appointed by the provincial governments.
Provincial Superior Court — Appeals and Trials (example: the British Columbia Supreme Court)
This court is the court of first appeal with respect to criminal cases arising in the provincial court. This court:
• tries the more severe crimes such as manslaughter and sexual assault, and the most severe indictable offences such as murder and armed robbery
• hears criminal appeals in summary conviction cases
• sets provincial precedent; decisions must be followed by provincial court judges in that province
• can be composed of a judge alone or a judge and jury
The judges in this court are appointed by the federal government.
Provincial Court of Appeal (example: the British Columbia Court of Appeal)
This is the highest court and the final court of appeal in the province. Many appeals stop here as the Supreme Court of Canada accepts only appeals that are deemed to be of great importance. Appeals are heard by three or more judges, depending on the case. Their decisions may be either unanimous or majority judgments. Split two-to-one judgments are not uncommon. When the court releases its decision, it also provides explanations for the majority vote, and dissenting judges provide their reasons for disagreeing. This court:
• hears appeals from the trial division of provincial superior courts
• sets provincial precedent; decisions must be followed by all judges in that province
• has three to five judges to hear all appeals
The judges in this court are appointed by the federal government.
Federal Courts
This is Canada’s national court system that hears legal disputes with the federal government. In 2003, the former Federal Court of Canada was separated into two distinct courts: the Federal Court, and the Federal Court of Appeal. The Federal Court has jurisdiction over cases involving federal government boards, tribunals and commissions, and issues within federal jurisdiction. These include immigration and citizenship matters, and intellectual property (such as copyright and trademark issues), as well as cases involving the federal government. The Federal Court of Appeal hears appeals of decisions by the Federal Court. Decisions of this court may be appealed to the Supreme Court of Canada. Both the Federal Court and the Federal Court of Appeal have regional offices in all major cities in Canada, although the judges and the main court facilities are located in Ottawa.
Supreme Court of Canada
The Supreme Court of Canada (SCC) is the final court of appeal in our country. Even though the SCC is the highest court in the land, not all parties — individuals, organizations, or even governments — have the right to appeal to it. Before it agrees to hear an appeal, the court determines if the issue is of great importance or if a question of law must be decided or interpreted. However, there is an automatic right of appeal when there is a split decision from a provincial court of appeal. Like the provincial courts of appeal, the SCC may be either unanimous or split. The Supreme Court of Canada:
• has unlimited jurisdiction in criminal matters
• hears appeals from provincial appeal courts and the Federal Court of Appeal
• hears cases of national importance (for example, interprets the Charter of Rights and Freedoms or clarifies a criminal law matter)
• generally grants leave (permission) before the appeal will be heard
• sets a national precedent in its judgments; these decisions must be followed by all judges in all courts of Canada
The nine judges of the Supreme Court are appointed by the federal government and can serve until age 75.
Lastly please read each scenario and determine what court would address the issue.
1. A trial is taking place for a person who is charged with the summary conviction offence of pretending to practise witchcraft contrary to section 365 of the Criminal Code.
2. An issue of national importance has been dealt with by the provincial supreme court and the provincial court of appeal. The party that lost at the court of appeal wants the issue reconsidered.
3. A trial is being held about an intellectual property matter.
4. The Crown thinks that a sentence given in the provincial supreme court for a person convicted of sexual assault is too lenient and is appealing the sentence.
5. A person is charged with the indictable offence of aggravated assault and is having his preliminary hearing.
6. A person is on trial for the indictable offence of impaired driving causing death.
7. A person loses his copyright case and wants to have the decision reviewed by a higher court.
8. A person was convicted of a summary conviction offence and is appealing the decision.
9. The provincial court of appeal makes a decision. What courts are bound to follow that decision?
10. In a split decision, the court of appeal affirms the conviction of a person charged with murder. The convicted individual wants the case considered by a higher court.
B Block Social Studies 10 -Today we'll look at the ethnic "diversity" of Canada in the 1800's. I'll have you use the information from page 59, Figure 2-18, to construct a pie graph showing the percentage of the 1871 population who were: French, Irish, English, Scottish, or Other. You'll get two hand outs “The Immigrant Experience” (LM 2.4) and “Graphing Ethnic Groups” (LM 2.5) that I'll need you to work on in class. In these activities you are graphing and mapping the immigrants to Canada in the early 1800’s. After this please complete questions 1 & 2 on page 56 of the Horizons text along with questions 2 & 5 on page 64 of the Horizons text.
A Block Law 9/10 - Today I have secured the notebook lab so that you may finish up your work on the Clue Us In crime scene investigation project. Please remember that you need to create a crime...replicate the crime scene...investigate the crime as if you were an R.C.M.P. officer...and prepare a dossier file to hand over to Crown Counsel so that they may prosecute the case. Good Luck.
No comments:
Post a Comment