9:15 - 11:50 C Block Social and Environmental Sciences
12:30 - 3:05 B Block Legal Studies
C Block Social and Environmental Sciences - Today, we'll dig into our maps to the outline the critical habitat of the southern resident Orca pod and overlay that with the navigational routes and volume of traffic for the Port of Vancouver and the Northwest Seaport Alliance... the Ports of Seattle and Tacoma.
In 2019 the Port of Vancouver (all 29 of them) saw 3102 foreign vessels arrive (with a two way trade value of $240 Billion CAD) while the Northwest Seaport Alliance saw 1870 vessels foreign and domestic vessels arrive (with a two way trade value of $74.9 Billion USD). Of the Port of Vancouver vessel traffic for either import or export: 1414 ships arrived for bulk products (coal, grain, fertilizers, ores & minerals, forest products); 734 container ships arrived; 259 Ro-Ro ships arrived (meaning Roll on Roll Off - so mostly automobiles); 197 tankers arrived (diesel, gas, crude oil, petroleum); 288 cruise ships arrived; and there were 210 miscellaneous categorized ships arriving).
So, a great deal of boat traffic plies the waters of the Salish Sea (I haven't even mentioned pleasure boats, the commercial fishing industry, BC Ferries & Washington State Ferries, the Royal Canadian Navy in Esquimalt and the US Navy in Kitsap). The bulk of this traffic goes through Boundary Pass and Haro Strait
Shipping noise has been identified as a concern for cetacean species in B.C. and Washington State because of its potential to mask their vocalizations or disrupt their behaviour. An increase in underwater noise has the potential to affect marine mammals through behavioural changes, range displacement, communication masking, decreased foraging efficiency, hearing damage, and physiological stress. Commercial shipping accounts for nearly 50% of the acoustic noise in the Salish Sea and this underwater noise may be impacting the population recovery of endangered Southern Resident Killer Whales (SRKW).
From the Port of Vancouver ECHO (Enhancing Cetacean Habitat and Observation) Program study Estimating the effects of noise from commercial vessels and whale watch boats on Southern Resident Killer Whales
Study results indicate that noise from whale watch boats and commercial vessels in combination may result in a cumulative loss of time for foraging representing 20% to 23% (4.9-5.5 hours) of each day that SRKW are present in the study area during May to September...Approximately two thirds of those effects due to noise from large commercial vessels and one third due to whale watching boats.
So why is this foraging thing important...it's eating and no eating means no living which means no SRKW. So a 1/5th reduction in foraging time due to ambient noise from shipping means less time to feed which puts stress on the J, K and L Pods of the SRKW in the Salish Sea. What is the staple diet of the Southern Resident Killer Whale? Chinook Salmon. From the Center for Whale Research, at least 80% of the SRKWs' diet consists of Chinook salmon. Based on estimates of their food requirements, the average Southern Resident killer whale must consume 18-25 adult salmon daily just to meet its energy requirements.
With Benton you'll look at herring and salmon to compliment our look at the connection between commercial transportation and the viability of the SRKW in the Salish Sea.
For more on the J, K, and L Pods check out:
Orca Network Southern Resident Population
EPA Southern Resident Killer Whales
Marine Mammal Commission Southern Resident Killer Whale
Center for Whale Research Southern Resident Killer Whales
Georgia Strait Alliance Southern Resident Orcas
Department of Fisheries and Oceans Southern Resident Pod
Port of Vancouver Enhancing Cetacean Habitat and Observation (ECHO) Program
EPA Southern Resident Killer Whales
Marine Mammal Commission Southern Resident Killer Whale
Center for Whale Research Southern Resident Killer Whales
Georgia Strait Alliance Southern Resident Orcas
Department of Fisheries and Oceans Southern Resident Pod
Port of Vancouver Enhancing Cetacean Habitat and Observation (ECHO) Program
Tomorrow we'll look at the economic value of killer whales in terms of eco tourism, specifically the whale watching industry. We'll examine dollar values and look at rules created to regulate the industry to protect both the operators and the whales.
B Block Legal Studies - To start, we'll examine our Criminal Court System...The Courts of British Columbia
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.
EVERYONE should read this Globe & Mail article on former Supreme Court Chief Justice Beverley McLachlin who retired from the Supreme Court of Canada last December. From the article...
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.
EVERYONE should read this Globe & Mail article on former Supreme Court Chief Justice Beverley McLachlin who retired from the Supreme Court of Canada last December. From the article...
Ultimately, her achievements were remarkable. She would go on to help shape Canadians' fundamental rights as much as any judge in the country's history, from the legalization of assisted dying, to a huge expansion of Indigenous rights, to a rebalancing of how police and the legal system treat people accused of crimes.I'll have you read through "Our Criminal Court System" from pages 134-136 in the All About Law textbook and complete questions 1-5 on page 138. After, please read each scenario and determine what court would address the issue.
- A trial is taking place for a person who is charged with the summary conviction offence of pretending to practice witchcraft contrary to section 365 of the Criminal Code.
- 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.
- A trial is being held about an intellectual property matter.
- 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.
- A person is charged with the indictable offence of aggravated assault and is having their preliminary hearing.
- A person is on trial for the indictable offence of impaired driving causing death.
- A person loses their copyright case and wants to have the decision reviewed by a higher court.
- A person was convicted of a summary conviction offence and is appealing the decision.
- The provincial court of appeal makes a decision. What courts are bound to follow that decision?
- 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.
To end the day, we will watch a Law & Order episode on Alzheimer's disease and the required Mens Rea for a crime to be committed ("Sundown" episode 9 from Season 10). Is a man with Alzheimer's Disease competent enough to stand trial for murder? And if he is found guilty, should he be subjected to the near-inhumane conditions common for prisoners of his type?
Are Persons With Dementia Responsible for Crimes They Commit?
People with advanced dementia have no place in court
When Frontotemporal Dementia Leads to Crime—Prosecution or Protection?
Are Persons With Dementia Responsible for Crimes They Commit?
People with advanced dementia have no place in court
When Frontotemporal Dementia Leads to Crime—Prosecution or Protection?
Tomorrow we'll look at the "Parties to an Offense" work on a couple of questions and watch another Law & Order" episode.
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