Chapter 1 – Heritage of Law Jurisprudence

Agenda 1. A little more Highway Traffic Act closure 1. A little more Highway Traffic Act closure 2. Jurisprudence 2. Jurisprudence 3. Take-up Oakes 3. Take-up Oakes

Learning Goal for Today By the end of the lesson, students will be able to explain why law is not static and evolves By the end of the lesson, students will be able to explain why law is not static and evolves

Expectations Explain why all societies need laws Explain why all societies need laws Explain the meaning and function of law in Canadian society Explain the meaning and function of law in Canadian society CGE7e – witnesses Catholic social teaching by promoting equality, democracy, and solidarity for a just, peaceful and compassionate society CGE7e – witnesses Catholic social teaching by promoting equality, democracy, and solidarity for a just, peaceful and compassionate society

Highway “highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; (“voie publique”) “highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; (“voie publique”) (Section 1(1) Highway Traffice Act, Ontario) laws.gov.on.ca/html/statutes/english/elaws_st atutes_90h08_e.htm laws.gov.on.ca/html/statutes/english/elaws_st atutes_90h08_e.htm laws.gov.on.ca/html/statutes/english/elaws_st atutes_90h08_e.htm laws.gov.on.ca/html/statutes/english/elaws_st atutes_90h08_e.htm

Vehicle “vehicle” includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or a street car; (“véhicule”) (Section 1(1) Highway Traffice Act, Ontario) laws.gov.on.ca/html/statutes/english/elaws_stat utes_90h08_e.htm laws.gov.on.ca/html/statutes/english/elaws_stat utes_90h08_e.htm

Jurisprudence Recall from our lecture on the study of law… (don’t recopy this down) Recall from our lecture on the study of law… (don’t recopy this down) Jurisprudence – is the philosophical interpretations of the meaning and the nature of law Jurisprudence – is the philosophical interpretations of the meaning and the nature of law May also be interpreted as an interlocking set of beliefs and ideas that have evolved over time and control our behaviour and protect our interests May also be interpreted as an interlocking set of beliefs and ideas that have evolved over time and control our behaviour and protect our interests

Jurisprudence We talked about the purpose of law and the role of law We talked about the purpose of law and the role of law We also value laws for their intrinsic qualities rather than just for the purposes they were meant to achieve We also value laws for their intrinsic qualities rather than just for the purposes they were meant to achieve Justice, fairness, equality, rightness, morality… Justice, fairness, equality, rightness, morality… Changes over time Changes over time

Jurisprudence Scenario… (don’t have to copy down) Scenario… (don’t have to copy down) A man’s wife is almost certain to die without a certain drug. The druggist who invented the drug won’t sell it to the husband except at a very high price, more than the husband can possibly pay. He will not consider the possibility of receiving part of the money later. A man’s wife is almost certain to die without a certain drug. The druggist who invented the drug won’t sell it to the husband except at a very high price, more than the husband can possibly pay. He will not consider the possibility of receiving part of the money later. Should the husband steal the drug to save his wife’s life? CLASS DISCUSSION Should the husband steal the drug to save his wife’s life? CLASS DISCUSSION

Jurisprudence (Don’t have to copy down) Consider… could we eliminate/significantly reduce child pornography/sexual abuse of children by providing police additional powers to monitor all internet accounts (like employers do)? (Don’t have to copy down) Consider… could we eliminate/significantly reduce child pornography/sexual abuse of children by providing police additional powers to monitor all internet accounts (like employers do)? snooping-stand-with-us-or-with-the-child-pornographers/article / snooping-stand-with-us-or-with-the-child-pornographers/article / snooping-stand-with-us-or-with-the-child-pornographers/article / snooping-stand-with-us-or-with-the-child-pornographers/article / abandons-controversial-internet-snooping-bill/article / abandons-controversial-internet-snooping-bill/article / abandons-controversial-internet-snooping-bill/article / abandons-controversial-internet-snooping-bill/article /

*Jurisprudence Invisible part of law (iceberg) is the study of law origins Invisible part of law (iceberg) is the study of law origins Influenced by by politics, religion, economics Influenced by by politics, religion, economics Also examine the values, mores and folklore of a society Also examine the values, mores and folklore of a society

*Jurisprudence Our sense of justice changes over time Our sense of justice changes over time Ex. Whipping of students Ex. Whipping of students Ex. “Rule-of_Thumb” Ex. “Rule-of_Thumb” Ex. Same-sex marriage Ex. Same-sex marriage

Patent Sticks for Family Correction – Warranted Lawful

*Jurisprudence – Due Process Due Process helps ensure that justice is served Due Process helps ensure that justice is served (1) Provides us with rules and procedures (statutes and court decisions) (1) Provides us with rules and procedures (statutes and court decisions) (2) Rights and obligations of society (2) Rights and obligations of society (3) Law is a mirror of the moral view of society (3) Law is a mirror of the moral view of society

Humour break...Jurisprudence – Rule of Law

*Jurisprudence – Rule of Law (1) Recognition that law is necessary for an orderly society (1) Recognition that law is necessary for an orderly society (2) The law applies equally to everyone, especially to those with power and authority (2) The law applies equally to everyone, especially to those with power and authority (3) Person’s legal rights will not be taken away except in accordance with the law (due process) (3) Person’s legal rights will not be taken away except in accordance with the law (due process)

*Jurisprudence – Democratic Government The government makes all of the laws and Canadians have the power to vote The government makes all of the laws and Canadians have the power to vote Every 5 years, the Canadian government must hold an election (except in times of war or national emergency) Every 5 years, the Canadian government must hold an election (except in times of war or national emergency)

*Jurisprudence – Democratic Government The constitution is what gives the government it’s power The constitution is what gives the government it’s power Individuals can use courts to challenge government laws that are seen as unconstitutional using the Charter challenge-to-ottawa-judge-refuses-to-impose- mandatory-sentence/article / Individuals can use courts to challenge government laws that are seen as unconstitutional using the Charter challenge-to-ottawa-judge-refuses-to-impose- mandatory-sentence/article / challenge-to-ottawa-judge-refuses-to-impose- mandatory-sentence/article / challenge-to-ottawa-judge-refuses-to-impose- mandatory-sentence/article /

*Jurisprudence – Independent Justice System Respect for law – judges (judicial branch) must function independently of all other branches (the other two branches are the executive and the legislative branch) Respect for law – judges (judicial branch) must function independently of all other branches (the other two branches are the executive and the legislative branch) In Canada, judges are appointed for life, not elected = judicial independence In Canada, judges are appointed for life, not elected = judicial independence

Homework Read Halpern v. Canada on page 16 of Classnet Unit I: Historic Canadian Cases & do ?’s K/I #1-3, A #1 Read Halpern v. Canada on page 16 of Classnet Unit I: Historic Canadian Cases & do ?’s K/I #1-3, A #1