B Block Social Studies 10 - Today with Mr. Elliott we will spend the first portion of the class reviewing our tests. Following that we will view a ted talk from Wade Davis on the value of indigenous cultures and discuss the connection of First Peoples in Canada to their surrounding environments.
A Block Introduction to Law 9/10 - Today we'll start by looking at the parties to an offense. After, you'll get an 11x17 sheet of paper; you'll select one criminal offense; and then you'll need to draw/identify the four parties to that offense (primary actor or perpetrator, aider or abettor, counselor, and accessory after the fact).
Look in the pocket Criminal Codes in class, the All About Law textbook or check out the Criminal Code Justice Laws website the Calegis Criminal Code website or the Criminal Code at Your Laws or to find an offence that interests you, like any of the following: Alarming the Queen CC 49; Animal Cruelty CC 446(1); Aggravated Assault CC 268; Bigamy CC 290 (1); Injuring or Endangering Cattle (cow tipping) CC 444; Kidnapping (forcible confinement) CC 279; Making Counterfit Money CC 449; Disorderly Conduct - Causing a Distrubance CC 175 (1); Extortion CC 346; Arson CC 433; or First Degree Murder CC 231.
Once you've found a crime that interests you sketch out a preliminary diagram that shows the four parties to that offence...for help with Parties to an Offense, from the Halton District School Board in Ontario:
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 an offence. 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.
The effect of being a party is that you are guilty of committing an offence – you can be a robber in any of the ways set out. It is not a separate offence. You criminal record will reflect that you were guilty of robbery, not abetting robbery.
- What does Colborne's comments suggest about why the government put Aboriginal youth in Residential Schools (use the comments on yesterday's blog entry which come directly from your handout as well)?
- How would you describe the perspective of Aboriginal peoples that is expressed in this policy? Is it kind or cruel? Respectful or disrespectful? Paternalistic (like a father to a child) or liberal (respecting the freedom of others)? Controlling or consultative (listening honestly to others)? One of superiority or of equality? Helpful or exploitative? Explain your point of view.
Which do you think were the most important goals for the Canadian government, for the churches, and for the Canadian people when it came to Residential Schools for Aboriginal People?
Read through the handout and choose specific quotes that will assist your explanation of what the most important goals connected to Residential Schools were for each of the three groups (government, churches and people).
C Block Law 12 - Today with Mr. Elliott we will begin the class by working on review questions 1-5 on p. 221 of the textbook. following that we will discuss the the offence of assault and break down the difference between the three levels:
Level One: assault
Level Two: assault causing bodily harm
Level Three: aggravated assault
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