Sunday, March 12, 2017

Monday, March 13. 2017

One week away from the Vernal Equinox and 5 days away from Spring Break...breathe :)
Today's schedule is A-B-C-D

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.

B Block Law 12 - Today we'll read through "Parties to an Offence" in the All About Law text from pages 131-133 (Aiding or Abetting and Accessory After the Fact) and complete questions 1-3 on page 133. 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.

After, 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.

C Block Social Studies 11 - Today our focus is understanding the culture of Canada at the turn of the 20th Century. We start by looking at the Laurier Era in Canadian history (Check out the "Get Briefed" website to see some information about the Laurier Era in Canada). I want you to think about what life was like, here in the Comox Valley, 101 years ago in 1915 (when the city of Courtenay was incorporated). How big was the community? Where did people live? What did people do? What were manners like? What were the values of society? Look at the Courtenay and District Museum and Archives to see pictures and check out the Chicago Tribune

For work, I'll need you to define the following concepts:

prejudice, stereotyping, ethnocentricism, xenophobia, and racism.

This will help with the questions on assimilation of aboriginal culture, restrictions on Asian immigration, and fear over the changes to Canadian culture - which are questions 1-4 on page 13 (look through pages 9-12 in the Counterpoints textbook)

D Block Criminology 12 - Today we are going to the library to work on our next blog / journal entry. Below, you'll find a question on hyper-masculinity, male socialization, and sexual assault. I will need you to answer that question and then find a news story about a sexual assault. You will need to try to explain the motivation and roots of the behaviour of the assaulter in the story.

Explain how sexual behaviour could be socialized in males. Do you think that males who commit sexual assault are "hyper-masculine"? Why and where do men learn "hyper-masculine" behaviour?

The factors that predispose men to commit sexual assault include evolutionary factors, male socialization, psychological abnormality, and social learning. Most criminologists believe that rape is not sexually motivated. The evolutionary and biological factors of males suggest that sexual assault may be instinctual and developed over the ages in an effort to perpetuate the species. This notion holds that men who are sexually aggressive will have a reproductive edge over their more passive peers. Conversely, the male socialization view argues that men are socialized to be the aggressors and expect to be sexually active with many women. Sexual insecurity, then, may then lead some men to commit sexual assault to bolster their self-image. Hyper-masculine men typically have a callous sexual attitude and believe that violence is manly. Finally, another view is that men learn to commit sexual assaults as they learn any other behaviour.

Before you write your blog for the day PLEASE read this article: "The conversation you must have with your sons" AND this article "Why campuses are too often the scene of sex crimes".

Then, think about the media we are exposed to in youth...Check out the official Miss Representation website.

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