CLU3m Unit 1: Legal Foundations

 No simple definition.  Much more than crime, police, and courts.  Laws regulate our everyday lives from birth to death.  Laws are constantly changing and evolving, depending on time and location.  Laws reflect a society’s morals and values, and attempt to ensure justice for all.

 Law is a civilized people’s attempt to regulate life in society by the principles of reason and fairness as opposed to brute force.

 I’m going to ask you to respond to the following statements by either standing or sitting to show which best describes your stance in response to the following statements; AGREE (stand) or DISAGREE (sit)

 Laws make our lives harder

 I obey the law, even when no one is watching

 It is acceptable for the government to punish law breakers, but not for the average person to do so.

 “The people” govern in Canada

 In Canada, we follow the Rule of Law. It’s the idea that in order to function smoothly and fairly, all members of a given society agree to abide by a common set of rules, called ‘the law’.

1. Individuals must recognize and accept that law is necessary to regulate society and keep order. 2. The law applies equally to everyone. 3. No one in society has the authority to have unrestricted power to limit rights unless authorized by law.

The Roncarelli v. Duplessis case P. 13/15

 Syria: Ruthless and unlawful government attacks killed scores of civilians in al-Raqqa article  Working with a partner, read the selected article and answer the questions.  Be prepared to discuss your responses with the class.

 Why do we have laws?  provide order in society.  provide a method to settle disputes peacefully.  promote the goals of society.  protect persons and possessions through punishment and deterrence.

 Working in groups, complete the Applying the Law activity

 Canadian law generally reflects the values of Canadians. That is, the moral standards that are applied to determine right from wrong are shared by most citizens and lawmakers. Sometimes the moral codes and standards are controversial (i.e. assisted suicide; capital punishment; abortion)  R. v. Dudley and Stevens (1884) pg 15/17

 Confessions Confessions  Seal of confession Seal of confession

 What do we mean when we say we live in a “just” society? What exactly is Justice?  While the law is supposed to be applied equally to all regardless of position or financial status, or race or gender, ensuring equality in all situations may actually be unjust.

1. Treat like cases alike and different cases differently  Similarities must be relevant to the practice or decision being defended (e.g. evidence is consistently treated as inadmissible in court if it was obtained by or unauthorized means)  Differences must be relevant to the practice or decision being defended (e.g. in individuals or groups that are disadvantaged because of race, sex, age or disability can be treated differently) 2. Discrimination on the basis of irrelevant characteristics is unjust  learning disability is a feature that can justify providing a special education plan for a student 3. Laws should be applied impartially  fame, fortune, power and authority are not relevant to justify different treatment 4. The law itself must reflect a balancing of conflicting rights that is consistent with society’s values  the rights identified must be relevant to the practice or course of action being identified (e.g. abortion, the rights of the mother to choose has been considered more relevant than the rights of the fetus)