Chapter 1 – Heritage of Law

Jurisprudence

Agenda

1. A little more Highway Traffic Act closure

2. Jurisprudence 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

Expectations

Explain why all societies need laws 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

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”) (Section 1(1) Highway Traffice Act, Ontario)

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_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)

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm

Jurisprudence

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

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 also value laws for their intrinsic qualities rather than just for the purposes they were meant to achieve

Justice, fairness, equality, rightness, morality…

Changes over time

Jurisprudence

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.

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)?

http://www.theglobeandmail.com/news/politics/john-ibbitson/tories-on-e-snooping-stand-with-us-or-with-the-child-pornographers/article2336889/

http://www.theglobeandmail.com/news/news-video/video-government-abandons-controversial-internet-snooping-bill/article8466636/

*Jurisprudence

Invisible part of law (iceberg) is the study of law origins

Influenced by by politics, religion, economics

Also examine the values, mores and folklore of a society

*Jurisprudence

Our sense of justice changes over time

Ex. Whipping of students

Ex. “Rule-of_Thumb”

Ex. Same-sex marriage

Patent Sticks for Family Correction – Warranted Lawful

*Jurisprudence – Due Process

Due Process helps ensure that justice is served

(1) Provides us with rules and procedures (statutes and court decisions)

(2) Rights and obligations 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

(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)

*Jurisprudence – Democratic Government

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)

*Jurisprudence – Democratic Government

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 http://www.theglobeandmail.com/news/politics/in-challenge-to-ottawa-judge-refuses-to-impose-mandatory-sentence/article2336816/

*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)

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