C Block Criminology - Okay, so today we're off to the gym for Green Thumb theatres’ production of CRANKED
D Block Law - So today we'll finish juries and empanelling and after we'll focus on the presentation of evidence (Crown first then Defence), the rules of evidence (including voire dire - A Voir Dire is usually referred to a "trial within a trial". It is usually held during the Crown's case in order to determine the admissibility of evidence. For example, Voir Dires can be held to determine whether a confession is voluntary and admissible or whether it should be excluded under section 24(2) of the Charter. If the evidence heard in the Voir Dire is deemed to be admissible, counsel can agree not to repeat the evidence and the Voir Dire will form part of the evidence at trial. Two very common Voir Dires are a challenge to the admissibility of items seized in a search and a challenge to the admissibility accused confession to the police), and types of evidence (circumstantial, hearsay, privileged, and character).
Before a trial takes place, at the arraignment hearing, some of the things that will be discussed are:
- whether the prosecutor is proceeding summarily or by indictment;
- whether the prosecutor has made full disclosure (given all of the information the defense needs, like witnesses’ statements);
- the number of police, expert, and other witnesses that the prosecutor plans to call if the case goes to trial;
- the time estimate for the prosecutor’s case; and
- whether an interpreter is needed.
The arraignment hearing will likely be handled by a judicial case manager. At the hearing, the judicial case manager will ask how the defendant wants to plead. At this point, the defendant has three options:
- plead guilty (before a judge),
- plead not guilty and set a date for trial, or
- ask for an adjournment
There are basically seven steps in every criminal trial:
1. The case is called.
2. The trial begins.
3. The judge makes the “exclusion of witness order” if asked by either the Crown or Defense.
4. The Crown prosecutor presents the Crown’s case. Defense may cross-examine (question) each witness called by the prosecutor.
5. Defense presents their case by calling witnesses and possibly the defendant speaking themselves. The prosecutor can cross-examine Defense witnesses.
6. Both Defense and the prosecutor make closing submissions to the judge.
7. The judge makes a decision.
Witnesses must answer all questions put to them unless it is considered privileged. Privileged information includes:
i) discussions between a client and his or her lawyer in situations when the lawyer was acting in a professional capacity,
ii) any information tending to reveal the identity of a confidential police informant, unless disclosure is the only way to establish the innocence of the accused, and
iii) communication between spouses.
A witness is required either to swear an oath or to solemnly affirm that he or she will tell the truth. Section 16(3) of the Canada Evidence Act permits a witness who is able to communicate the evidence, but does not understand the nature of an oath or a solemn affirmation due to age (under 14 years) or insufficient mental capacity, to testify – as long as he or she promises to tell the truth.
The judge decides whether to admit or exclude evidence, as governed by the laws of evidence, case law, the Charter, the BC Evidence Act, the Canada Evidence Act, and the statute creating the offence. Evidence must be relevant to the facts in issue. The facts in issue are those that go to establishing the essential elements of the offence and any legal defence to that offence. Evidence may be presented with respect to other issues as well, such as the credibility of a witness, provided that the evidence does not offend the collateral evidence rule.
I'll have you work on questions 1, 2 and 4 from page 200 as well as questions 1, 2 and 3 from page 207 of the All About Law text
A Block Physical Geography - Every day we are going to start by looking at the synoptic forecast along with weather maps.
Data Streme
Envrionment Canada: Weather Office Comox
Today we'll continue our look at weather by reviewing yesterday's topics of energy distribution and the greenhouse effect (and connect those topics to global warming). Our next focus will then be on heat and temperature in the atmosphere. We'll finish the two sections of the National Geographic video "Six Degrees Could Change the World" (1 to 3 degree temperature changes). In class today, you will need to work on questions 9 & 11 on page 118 AND questions 5, 8, 12 & 13 from page 141 and 16 from page 142 of your Geosystems textbook. We will pay more attention to global warming and climate change later on in the course.
B Block Human Geography - Today we'll continue with the key question "Why Do Ethnicities Engage in Ethnic Cleansing and Genocide?" and our focus will be on Africa (Darfur and Rwanda). Today we will watch "Scream Bloody Murder" from CNN about Rwanda...
Scream Bloody Murder on Darfur...
And we'll look at a few parts of "The Devil Came on Horseback"
And your questions are:
- Give the historical background of the two rival groups in Central Africa’s countries of Rwanda and Burundi.
- What is the situation in Rwanda and Burundi today?
- Why might the European colonial powers have preferred to place in leadership positions members of the minority Tutsis rather than members of the majority Hutus?
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