Unit 1 Legal Principles & Problems in Criminal Law
BIG IDEA 1 ELEMENTS OF THE OFFENCE
Criminal Law's Purpose
Defend OR Refute the FOLLOWING STATEMENT "We Are All Criminals"
OPENING FACT PATTERN R. v. Stephan (2019 on appeal)
LISTEN Podcast Series Canadian True Crime The Death of Ezekiel Stephan PART 1 (ep. 67), PART 2 (ep. 68), PART 3 (ep. 69).
67 The Death of Ezekiel Stephan - Part 1
Kristi Lee (Canadian True Crime)
0:00/1:15:18
68 The Death of Ezekiel Stephan - Part 2
Kristi Lee (Canadian True Crime)
0:00/1:08:56
69 The Death of Ezekiel Stephan - Part 3
Kristi Lee (Canadian True Crime)
0:00/1:04:35
3--2--1 ACTIVITY See Google Classroom Materials.
R. v. Stephan CASE TIMELINE
Most Recent Journalism on the Stephan Case
6 CASE LESSONS RATIOS
FACTS DETERMINED AT FIRST TRIAL in R. v. Stephan (2016) → DECISION APPEALED ALL THE WAY UP TO THE SUPREME COURT OF CANADA (ordered a retrial) → SECOND TRIAL (acquitted) (2019) → Appealed (decision set aside and retrial ordered) (2021) ... awaiting Crown decision on pursuing a THIRD TRIAL.
NOTE -- a senior Crown prosecutor will be asked to assess the public interest in going ahead, the likelihood of conviction, and the importance of sending a message about parental rights (i.e. general deterrence). Backlogs in the courts, the amount of time that has passed, and the availability of witnesses could also be considered.
The Criminal Equation EXPANDED
BIG IDEA 2 THEORIES OF CRIMINALITY & CRIMINAL
RESPONSIBILITY
SEE R.v. Jacob Legal Opinion Project Page <https://www.socialglobalstudies.com/r-v-jacob-legal-opinion>.
BIG IDEA 3 MEASURING HARM (THE HARM PRINCIPLE)
ADDITIONAL CASE NOTES
APPLYING BIG IDEA 1, 2, 3
R. v. Jimmy Case TEACHER HIGHLIGHTS
CCC s. 88 and s. 90 ANNOTATIONS & HIGHLIGHTS
BIG IDEA 4 JUDGE-MADE LAW & PRECEDENT
HIV & the Criminalization of Non-Disclosure
HIV & the Criminalization of Non-Disclosure
LISTEN FOR CONTEXT The History of HIV
#93: World AIDS Day Turns 30
Canadian Broadcasting Corporation (Out In The Open)
0:00/54:47
10/06/12 TSE - Podcast
The Sunday Edition from CBC Radio (Highlights) (The Sunday Edition from CBC Radio (Highlights))
0:00/1:28:15
Aids and the Law INTRO PODCAST (LISTEN from minute 37:46 to 42:33 2012)
WEBSITE -- HIV Criminalization
ADDITIONAL DOC -- Consent: HIV non-disclosure and sexual assault law
EVOLUTION OF CRIMINALIZATION BY PRECEDENT CASES -- STUDENT TASKS
HIV & the Criminal Law case package INCLUDES --
BIG IDEA 5 CRIMINAL DEFENCES
Gay Panic as a Legal Defence - November 21, 2012
The Current from CBC Radio (Highlights) (The Current from CBC Radio (Highlights))
0:00/26:56
LISTEN FROM MINUTE 10:46 to 18:37
SOURCE 2 FACT PATTERN
The Appellant = The Accused, Sebastian Bouchard
CCC OFFENCE OF MURDER
LEGAL TEST -- DEFENCE OF PROVOCATION CCC s. 232
Criminal Defences Grid READINGS + PRECEDENT CASES
INSTRUCTIONS -- Based on the readings linked ABOVE create a Criminal Defence Grid detailing two elements: 1) the LEGAL TEST to establish an "air of reality" for each criminal defence AND 2) the RATIO of the leading case for each criminal defence (detailed in the readings provided ABOVE).
NCR Not Criminally Responsible (The Defence of Mental Disorder) DOCUMENTARY The Man Who Hears Voices
