Wednesday, March 9, 2016

Thursday, March 10. 2016

Today's schedule is D-AG-C-B-A

D Block Social Studies 10 - Today I'll have you work on questions 1, 2 & 3 on page 72 of the Horizons textbook. After, we are going to take a look at the characters involved in the Rebellions of 1837 and 1838. In Upper Canada, Newspaper editor William Lyon Mackenzie (the paper was called The Colonial Advocate) was a fiery reformer and was five times elected to parliament by the citizens of the colony. He was considered as a serious agitator by the Family Compact and at the time he led the rebellion he was mayor of Toronto. Robert Baldwin was a reformer who was also wealthy, well educated, and a member of the Anglican Church. He wished for the governor to do what the elected assembly advised him to do (known as a "responsible government"). Sir Francis Bond Head was the newly appointed governor of Upper Canada in 1836. He accused the Reformers and Radical Reformers of wanting a Republican style of government (like that in the U.S.A.) and being traitors to King William IV and Great Britain.

In Nova Scotia, newspaper editor (the paper was called the Novascotian) Joseph Howe was first elected in 1836, campaigning on a platform of support for responsible government. This was the result of a long campaign against government corruption that ended with him winning a libel lawsuit laid against him. He argued that "the Colonial Governors must be commanded to govern by the aid of those who . . . are supported by a majority of the representative branch.” This measured approach differed from that of Mackenzie and of Louis Joseph Papineau...

For Lower Canada (Quebec), there were many issues surrounding the Chateau Clique but the large "elephant in the room" was the Anglophone/Francophone power, culture and language issue. Louis Joseph Papineau, lawyer, seigneur, leader of the Parti Canadien (Parti Patriote) became the voice of the rebellion in Lower Canada. Papineau, like Mackenzie in Upper Canada, promoted an American style Repubican Democracy - one that reflected the French Canadian power base in Lower Canada. After being elected, Papineau and a small committee put forward their demands in the "Ninety-Two Resolutions," which demanded control of revenues by the legislature, for responsibility of the executive and for election of the council. After being took a turn for the worse in Lower Canada (more to come).

The Canadian Encyclopedia Rebellions of 1837
Canadian Library Archives 1837 Rebellion
Histor!CA Rebellions of 1837 page

C Block Law 12 - Today I'll have you read through "Our Criminal Court System" from pages 134-136 and complete questions 1-5 on page 138. After, 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 their preliminary hearing.
  6. A person is on trial for the indictable offence of impaired driving causing death.
  7. A person loses their 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.

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.

B Block Social Studies 10 - Today with Mr. Elliott we unite Upper and Lower Canada! The rebellions of 1837 scared the British enough that they finally agreed to change things. We will look at the recommendations of the Durham report and the structure of the unified colony. We will also discuss the impact of unification on the French speaking population and the attitudes of the ruling English Protestants toward their neighbours.

A Block Introduction to Law 9/10 -  Today we are back in the library for our next day so that you may continue your work on the Clue Us In crime scene investigation project. Please remember that the library has books on forensic investigation and I have books on crime scene investigation as well. Use these resources to aid you in the development of your project. Remember 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: