1. Chapter 5 – Criminal Code (2) Actions with high social impact

2. Topics Abortion Weapons Offences related to prostitution Obscenity Corruption and abandonment of children

3. Abortion removed from the CCC in 1989 Nova Scotia tried to stop abortion in private clinics by passing the Medical Services Act (did not have the right to pass this law)

4. Abortion, a Controversial Issues moral and ethical issues. Pro-life: opponents of abortion who believe abortion is an act of infanticide (child-murder) Pro-choice: activists claim women's rights to decide to terminate a pregnancy and to security of a person.

5. Abortion – Legal journey 1869: Abortion was banned 1967: Justice Minister Pierre Trudeau introduced a bill to liberalize abortion laws. Video Clip – Peoples History “ A Most Fundamental Choice” 1969: The bill passed and became law. Abortions could be performed when the health of mother was in danger. This has to be determined by a 3 doctor hospital committee. Abortion still remained in the Criminal Code. (Section 251)

6. Abortion History Continued Canadian opinion It is immoral It doesn’t do enough for women CBC archives Henry Morgentaler, a Montreal doctor, began to perform safe abortions in his clinics. 1973, Morgentaler publicly announced that he had performed 5,000 abortions without the permission of the three-doctor-committees, even videotaping himself performing operations.

7. The Morgentaler Case 1973 -The Quebec government took Morgentaler to court twice acquitted in 3 jury trials despite guilty pleads Government declared the law is unenforceable. Morgentaler challenged the law in other provinces. CBC archives Over the next 15 years opened and operated private abortion clinics across the country direct violation of the law

8. R.v.Morgentaler (1988) The Supreme Court of Canada findings: abortion law is unconstitutional struck down because it infringes the section 7 of the Charter, guarantee of right to security of person. The court stated that forcing a woman to go through mandatory procedure for obtaining abortions, which is not related to her own priorities and aspirations, is a profound interference. This law can also cause badly harm to physical and mental health of the woman if the mandatory procedure is in delay.

9. Bill C-43 1988-1991: Bill C-43 was introduced to make abortion illegal unless a physician determines a women’s physical or psychological health is threatened. The bill was approved in the House of Commons, but it was defeated in the Senate by a tie vote. After C-43 bill failed, the government prompted to give up on legislating abortion entirely, having no abortion law whatsoever.

10. Borowski v. Canada (1989) Borowski vs Canada,1989. Supreme Court of Canada Pro-life appealed to challenge the validity of section 251 of the Criminal Code, which prohibits abortion entirely He claimed life, security and equality rights of a fetus should be protected under the sections of 7 and 15 of the Charter. The appeal was dismissed The court found that a fetus is not protected by section 7 and 15 of the Charter The appeal was found moot, which raises merely a hypothetical or abstract question, and the court decided not to hear it.

11. Abortion in Canada - Conclusion abortion debates turn on whether a fetus should be considered a human being Fetus: an unborn product of conception after the embryo stage Supreme Court of Canada has not ruled on when a fetus becomes a human being Read pages 143-144. Answer questions 1-2 Canada’s current legal status on abortion?

12. Weapons the CCC defines a weapon as anything used or intended for use: in causing death or injury to a person in threatening or intimidating any person Object need not have been designed as a weapon

13. Weapons continued Prohibited Weapons Gun silencers, switchblade knives, automatic firearms, modified rifles and shotguns Restricted Weapons Firearms that can be fired with 1 hand; semi automatic, firearms (folded or telescoped)

14. Weapons continued (PAL) (PAL) Possession and Acquisition Licence Valid 5 yrs 18 yrs old (12-17 with parental permission / supervision) Safety check Firearms Safety Course Needed to buy firearms and ammunition Register firearm “Amnesty periods” To discourage people from owning firearms illegally

15. Weapons continued Example: other firearm offences – Criminal Code Pointing a firearm at another person without lawful excuse Carrying or possessing a weapon… for a purpose dangerous to public peace Carrying a concealed weapon Not reporting to a peace officer the finding of a prohibited weapon Not reporting misplacing or loosing a weapon for which a registration certificate has been issued Altering, defacing, removing serial numbers Possessing a firearm that has a defaced serial number Carrying, shipping, storing firearms / ammunition in a careless manor

16. Weapons continued Issue: The Gun Registry Video: CBC News and Review The Gun Law: Pro / Con Handout: 1. Video Question 2. Gun Law: Pro and Con (Point/Counterpoint)

17. Offences Relation to Prostitution Prostitution is legal in Canada Illegal related activities Soliciting Keeping a bawdyhouse Procuring (directing customers to the services of a prostitute or living off the earnings of a prostitute)

18. Prostitution continued Discussion The penalty for procuring is more substantial than that of soliciting or owning a bawdyhouse Soliciting is considered a “crime without a victim” Legal involvement / criminalization – Justification Changes / Challenges to current legislation

19. Obscenity Section 163 of the Criminal Code Controversial what is obscene and who decides? Supreme Court of Canada Uses the “community standards test”… the courts must determine as best they can what the community would tolerate others being exposed to on the basis of the degree of harm that may flow from such exposure”

20. Obscenity continued Obscene sex acts Degrading or dehumanizing Obscene or artistic expression (art) Offenses related to obscenity: Making, printing, circulating, mailing, or distributing obscene material Presenting or taking part in immoral theatrical performance Police / Customs Officers, with a warrant can seize material deemed obscene Case: R. v. Butler (1992) 70 C.C.C. (3 rd ) 129 Supreme Court of Canada. Textbook page 147. Read and answer questions1-5

21. Obscenity – Child Pornography A photographic, film, video or other visual representation, whether or not is was made by electronic or mechanical means i. “That shows a person who is or is depicted as being under the age of 18 years and is engaged in or is depicted as engaged in explicitly sexual activity” Guilty offense: Any person in possession of, producing, or distributing and selling any child pornography

22. Obscenity – Child Pornography Sharpe Case

23. Corruption and Abandonment of Children Prohibited by the CCC procured for prostitution by parents or guardians manage, or own a place that children are using for sexual activity Abandon or expose a child under 10, if endangering the child’s life or permanently harming his or her health is likely

24. Corruption and Abandonment of Children Sex Offender Registry (Bill C-16, Sex Offender Information Registration Act [SOIRA]). Became law - 2004. Aims to enhance public protection by helping police identify possible suspects known to be near the offence site. Cyber-stalking Now falls under or criminal harassment legislation