LAW 12 - AN INTRODUCTION TO LAW

LAW 12 (2001)

MR.HALL

COURSE OUTLINE

ROOM 235
INTRODUCTION TO CANADIAN LAW

INTRODUCTION:
The basic objective of this course is to increase your knowledge and understanding of Canadian law and its function in society. In addition the course aims to:
>develop social skills ( communication, collaboration, cooperation)

>develop critical thinking and thinking critically

>practice strategies to support or question legal authority

>assess the reliability of information

>develop strategies to solve problems, make judgements and change law

>enhance knowledge and understanding of law and society

>learn the meanings of common legal terms

>locate and cite legal information

>develop an understanding of the fundamentals of Canadian law

>develop literacy skills

>read, write and present research in a variety of formats

>read documents for comprehension

>present clear arguments

>practice analysis, synthesis and categorizing skills

>understand citizenship responsibilities

>increase understanding of our communities and our role as empowered citizens

>appreciate the need and the reasons why law must develop and change

>understand the basic values of Canadian society as reflected in the Constitution

>consider the relationship between rights and responsibilities

>develop sensitivity toward other people

TEXT:
All About Law: Exploring the Canadian Legal System (Third Edition )

EVALUATION:
Homework Assignments 24%
Quizzes 42%
Participation 14 %
Project Work 20%

UNITS:
THE SOURCES OF CANADIAN LAW
What Is Law
Laws from the Past
The Development of Law
Parliament and Statute Law
The Judiciary
The Categories of Law

HOW CANADA'S LAWS ARE MADE
The History of the Canadian Constitution
Amending the Constitution
Legislating Statute Law
The Passage of a Bill in Parliament
The Passage of Provincial Legislation
The Passage of Municipal By-laws
The Court System
Constitution / Charter of Rights and Freedoms / Human Rights Legislation

CRIMINAL LAW
( Elements of a Crime, The Criminal Code, Bringing the Accused to Trial, Trial Procedure, Sentencing and Appeals, The Young Offender)

CHILDREN AND FAMILY LAW (marriage and divorce, children, wills and estates)

ABORIGINAL LAW
Canada's Native Peoples
The Period of European Colonization
The Indian Act
Chiefs and Band Councils
The Failure of the Indian Act
Bill C-31
Aboriginal Title and Modern Land Claims
Aboriginal Rights and the Constitution

**Attempts will be made to bring in guest speakers from the Native Community to discuss some of the above issues .

ENVIRONMENTAL LAW
The Environment at Risk
Toxic Substances
Global Problems
The Third World
Common Law Remedies
Federal Statutes
The Canadian Environment Act
Priority Substance List Enforcement and Compliance Pesticides Bylaw
The Noise Bylaw
The Nova Scotia Environment Act
Canada-US Relations - the NAFTA Agreement and other similar agreements

*** Attempts will be made to bring in speakers on the above subject area .

EXPECTATIONS:
Participation is an essential part of this course. All students are expected to participate in class discussions and to respect the opinion of others. A mature attitude and a consistent effort are expected.

Students are expected to be on time for class and to bring the appropriate materials to class.

Students are responsible for missed work and missed assignments. Extra help is available upon student request.
Written excuses from parents/guardians are required for missed tests.

Excuses must be submitted within two days of the students return to school and must indicate a valid reason for the absence. If this requirement is met, a make-up test /assignment will be arranged.

Due dates will be assigned well in advance of tests and major assignments. Late assignments will be penalized.

Materials you will need for class/homework
three-ring binder (1-2") and looseleaf paper
textbook
pens
assignment book
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Students are encouraged to discuss concerns regarding the course with me.
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Chapter One
The Sources of Canadian Law
Curriculum Outcomes:

(1.) To discuss the need for law
(2.) To recognize the significance of the rule of law
(3.) To describe some early legal systems
(4.) To recognize the contribution of English and French law to Canadas legal system
(5.) To describe the development of common law, and state its four meanings
(6.) To describe the roles of Parliament and the judiciary
(7.) To distinguish between procedural law and substantive law
(8.) To name the branches of public law and private law
____________________________________________________________
Chapter Two
How Laws Are Made
Curriculum Outcomes:

(1.) To state the components of the Canadian Constitution
(2.) To explain why the Constitution was patriated in 1982
(3.) To distinguish between federal and provincial jurisdiction
(4.) To describe how the Constitution may be amended
(5.) To list the various groups that collaborate in the drafting of a bill
(6.) To describe how a bill becomes law
(7.) To state the significance of regulations
(8.) To discuss the role of administrative law
(9.) To outline the court structure in our province
____________________________________________________________
Chapter Three
The Rights and Freedoms of Canadians
Curriculum Outcomes

(1.) To discuss Canada's human rights record
(2.) To distinguish between rights and freedoms
(3.) To compare the Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms
(4.) To outline the matters governed by the Charter
(5.) To identify the rights and freedoms guaranteed by the Charter
(6.) To describe the circumstances under which a right or freedom may be justifiably infringed
(7.) To discuss the enforcement of Charter rights
(8.) To list and evaluate the major provisions of the Meech Lake Accord
____________________________________________________________
Chapter Four
Criminal Law and Criminal Offences
Curriculum Outcomes

(1.) To explain why criminal law is necessary
(2.) To describe the conditions that must exist for an action to be considered a crime
(3.) To identify the jurisdiction of the federal and provincial governments over criminal law
(4.) To describe the elements necessary for a crime
(5.) To discuss intent as it relates to criminal actions
(6.) To compare absolute liability offences with strict liability offences
(7.) To distinguish between a summary and an indictable offence
(8.) To state who may be a party or an accessory to an offence
(9.) To describe an attempt and a conspiracy
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Chapter Five
Drug Use, Drinking, and Driving
Curriculum Outcomes

(1.) To describe the effect of impaired driving and the use of narcotics on Canadian society
(2.) To list the offences connected with drug use
(3.) To recognize the rights of police in the search for and seizure of narcotics
(4.) To distinguish between restricted and controlled drugs
(5.) To list the offences connected with impaired driving
(6.) To describe the procedures for roadside testing and breathalyzers
(7.) To recognize the effect of a conviction for drinking and driving on an offender's future.
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Chapter Six
Children and Family Law
Curriculum Outcomes

(1.) To distinguish between custody and access
(2.) To describe the main factors considered in determining custody
(3.) To outline the advantage and disadvantages of joint custody
(4.) To understand why custody and access orders are never permanent
(5.) To appreciate the difficulty judges face in determining the best interests of the child
(6.) To describe the laws which help parents locate abducted children
(7.) To discuss child abuse and how it should be reported
(8.) To describe the legal options for removing children in need of protection from their homes
(9.) To outline the adoption procedures in our province
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Chapter Seven
Aboriginal Rights
Curriculum Outcome

(1.) To identify the groups into which Canadas Native peoples are divided
(2.) To summarize the history of Indian treaty making in Canada
(3.) To comment on views expressed about Indian treaties
(4.) To explain how Native peoples were alienated from the land in non-treaty areas
(5.) To discuss the main provisions of the Indian Act
(6.) To assess the efforts which have been made to assimilate Canadas Native peoples
(7.) To explain the legal basis for Native land claims
(8.) To outline the aboriginal rights Native peoples want recognized
(9.) To describe the process set up by the federal government to negotiate land claims settlements.
(10) To assess efforts to entrench aboriginal rights in Canadas constitution.
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Chapter Eight
Environmental Law
Curriculum Outcome

(1.) To explain and comment on the role of law in protecting the environment
(2.) To identify major environmental problems occurring in Canada and around the world
(3.) To discuss why many environmental problems require international co-operation to achieve global solutions
(4.) To recognize the areas of tort law which are applied to environmental disputes, and explain the advantages and limitations of using civil remedies to protect the environment.
(5.) To explain the constitutional basis of federal and provincial jurisdiction over environmental matters
(6.) To discuss the purpose of the Canadian Environmental Protection act and review its provisions for achieving compliance
(7.) To recognize the major federal and provincial environmental laws
(8.) To review Canadas efforts at the international to protect the environment.