Wednesday, February 23. 2022

Today's schedule is BADC

B Block Criminology - If you're in grade 10 or 11 (9 of you)…you'll need to go to the Multi Purpose Room for a brief discussion about course selection for next year. Today I would like to discuss with you the following:

Read the following hypothetical victim story (from the United Nations Office on Drugs and Crime Crime Prevention and Criminal Justice Course Module 11 Access to Justice for Victims) and we'll try to discuss the following together:

1. What happened?
2. What type of damage did the victim(s) suffer?
3. What needs the victim(s) might have?
4. What would be the best approach to ensuring justice for these victim(s)?

Allie and Mike are both in their mid-seventies. They are both retired, and since their children grew up and left, besides being grandparents, they look after themselves, travel, spend time in the community, and engaged with various hobbies. Mike had a hip replacement a few years ago and has some issue in walking; Allie has high blood pressure and is on heart medication. They have been together for 45 years.

One night while returning from a concert performance, Allie was taking the keys from her bag, they were approached by two young men who distracted them by asking for directions. They seemed lost and were very gentle to the couple, apologizing. After spending a few seconds in exchanging information, one of the two young men, grabbed Allie's bag, where she had her purse, keys, her mobile and some photos and small objects, while the other young men hit Mike on his head, took his wallet and left him unconscious on the ground. Allie, in total shock, started shouting and asking for help. She did not have the phone anymore, and as much as she was shaking could not even shout; eventually, after ten minutes, someone called an ambulance and then the police arrived.

They were both brought the hospital where Mile spent five days 'under observation' due to a mild concussion. When home, he could not stand on his own feet, as he was always dizzy and losing balance. Consequently, one of their sons moved in, and they also had to have some professional assistance.

One of the two young men were arrested three days after the attack thanks to some cameras positioned in a nearby bank. He pleaded guilty, saying that he was under the effects of drug and alcohol and did not have the means to pay back any of the costs or damages.

Please add these three questions to the work from yesterday:

1. What is victim blaming and what are its consequences?
2. Why are some victims less likely to report the victimization they suffered? >>>>>>>>>>>>>>
3. What can make a person more vulnerable for some type of crimes? Provide a few examples.

 Based on the data reported to the GSS, there are certain characteristics that place an individual or a household at greater risk of victimization. In 2019, the key factors associated with higher odds of violent victimization were: being younger; being a woman; being a sexual minority; living in a neighbourhood where social disorder is perceived; having been homeless; having been abused, witnessed violence, or experienced harsh parenting or neglect during childhood, and; participating in a higher number of evening activities outside the home.

To help with yesterday's question...

A Block Legal Studies - I posted this yesterday, but to help with "Should Aboriginal Peoples have their own system of Justice" on pages 106-07 in AAL...from Bringing Balance to the Scales of Justice

At a basic level of understanding, the concept of justice is understood differently by Indigenous peoples. For most Indigenous peoples, the traditional method of addressing wrongs committed against community members involved restoring or healing relationships rather than punishing the offender. The offender and victim(s) would discuss the harm caused by the offense. The offender would be expected to understand the consequences and take responsibility for the harm, and together, they would discuss appropriate ways to make amends. 

Justice is not seen as a separate domain from community life that needs to be overseen and administered by experts (such as police, lawyers, judges. etc.), rather it must be integrated into daily living. Most disputes should be resolved in the community, among the families of those affected, and guided by elders 

The roots of restorative justice models stem from traditional Indigenous methods of conflict resolution which rely on community involvement and the implementation of holistic solutions Restorative justice focuses on holding the offender accountable in a meaningful way, rather than simply imposing punishment. 

In  R. v. Gladue (1999), the Supreme Court of Canada's decision considered a sentencing principle outlined in paragraph 718.2(e) of the Criminal Code. In section 718.2(e) of the Criminal Code, Parliament requires judges to consider all available sentences other than imprisonment that are reasonable in the circumstances and consistent with the harm done, for all offenders, and says judges must pay particular attention to the circumstances of Aboriginal offenders.

If you identify as Indigenous and are charged with a crime, a judge must apply Gladue principles when you're in a criminal court. Gladue principles are a way for the judge to consider the unique circumstances (experiences) of Indigenous peoples. These unique circumstances include the challenges of colonization an Indigenous person, their family, and community faced and resisted as Indigenous people, and continue to affect them today. These challenges include racism, loss of language, removal from land, Indian residential schools, and foster care. These challenges are called Gladue factors.

From Aboriginal Legal Aid in BC 

If you identify as Aboriginal and you plead guilty to a crime, you might be able to have your bail or sentencing hearing in one of BC's First Nations/Indigenous Courts. You might be brought into a First Nations/Indigenous Court by referral from a judge, defense lawyer, or Crown lawyer. Or you can request to go to First Nations/Indigenous Court. It’s your choice to have your matter heard in First Nations/Indigenous Court. 

First Nations/Indigenous Courts are criminal sentencing courts that use restorative justice and traditional ways to reach balance and healing. BC's First Nations/Indigenous Courts are often called Gladue courts.

First Nations/Indigenous Courts focus on balancing rehabilitation, accountability, and healing. The judge, your lawyer, Crown counsel, Elders and your community, and your family work with you to create a healing plan to help restore your mental, physical, spiritual, and emotional health.

You might still be sentenced to jail. If you're sentenced to jail, the judge must still consider your unique circumstances in their decision.

So, Glaude services have been transferred to BC First Nations Justice Council which also provides  Indigenous Justice Centres in British Columbia

And also to help with the questions from the All About Law text

On June 21st, 2021, the United Nations Declaration on the Rights of Indigenous Peoples Act received Royal Assent and came into force. This Act provides a roadmap for the Government of Canada and Indigenous peoples to work together to implement the Declaration based on lasting reconciliation, healing, and cooperative relations. The Act upholds Aboriginal and treaty rights protected by section 35 of the Constitution Act, 1982, and doesn't lessen them in any way

Article 3 states:

Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

Article 4 states:

Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.

Article 5 states: 

Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

Article 8 states:

1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.
2. States shall provide effective mechanisms for prevention of, and redress for:

• Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities;
• Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
• Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
• Any form of forced assimilation or integration;
• Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.

Article 26 states: 

Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.

Article 37 states:

Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements.

UNDRIP

Unravelling B.C.’s landmark legislation on Indigenous rights

Two years after B.C. passed its landmark Indigenous Rights act, has anything changed?

Please complete questions 1, 2 and 4 on page 64 and the Review Your Understanding questions 1, 2 and 5 on page 83 of the AAL text to submit next class.

D Block Physical Geography - Today we will focus on sedimentary and metamorphic rocks. 

We'll collectively define compaction, cementation, recrystallization, clastic sedimentary rock, and non clastic/chemical sedimentary rock. We will define contact, regional, and dynamic metamorphosism and you'll have question 15 from page 366 in your Geosystems text to finish as well.

Check out the Dynamic Earth Interactive Rock Identification site here
Check out the Rock Cycle/Type animation from the BBC
Check out the Rock Cycle from the Geological Society here
Check out CK-12 Igneous Rock,  Sedimentary Rock or Metamorphic rock information.

C Block Human Geography - Today we'll consider the concept of Carrying Capacity and Overpopulation. But first, Remember

You'll also need to look at the ideas of Thomas Malthus (Malthusian theory)



I'll have you fill in a chart on the various theories of population growth and we end with this question:

Paul and Anne Ehrlich argue in The Population Explosion (1990) that a baby born in a developed country poses a greater threat to sustainability than a baby born in a developing country because people in developed countries place much higher demands on the world’s supply of energy, food, and other limited resources. Do you agree with this view? Why or Why not?