Unit 1 Legal Principles & Problems in Criminal Law
DEFEND or REFUTE the FOLLOWING STATEMENT
LAW'S PURPOSE, CORE PRINCIPLES & THE CRIMINAL PROCESS
INTRODUCTION TO CORE PRINCIPLES & PROBLEMS
ACTIVITY 1
ACTIVITY 1 DEBRIEF → THE HARM PRINCIPLE & CRIMINALIZATION OF BEHAVIOUR
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ACTIVITY 2
ACTIVITY 2 DEBRIEF → FAIRNESS REQUIREMENTS & CRIMINAL JUSTICE VALUES IN CANADA
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ACTIVITY 3
ACTIVITY 3 DEBRIEF → PATTERNS & PROBLEMS IN CRIMINAL JUSTICE EXPOSED BY THE STATISTICS
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ACTIVITY 4 DEBRIEF → ACTING JUSTLY TO AVOID BAD CONSEQUENCES AND BRING ABOUT GOOD ONES
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ACTIVITY 5
BAD BEHAVIOUR vs. CRIMINAL BEHAVIOUR
ACTIVITY 5 DEBRIEF → DRAWING THE LINE ON HUMAN BEHAVIOUR (ACTS & OMISSIONS)
BIG IDEA 1 ELEMENTS OF THE OFFENCE
Criminal Law's Purpose
STUDY THE FOLLOWING TEXT READING "What is Crime" Reading
OPENING CASE HEADLINE
Instructions
BUILD a FACT PATTERN from the case headline ... HINT
What is the story?
What facts stand out as significant?
What facts are in dispute?
What is the alleged crime?
What Criminal Code offence applies?
What must the Crown prove?
OPENING FACT PATTERN R. v. Stephan (2019 on appeal)
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 (Battle of the Experts) (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.
LISTEN Podcast Series Canadian True Crime The Death of Ezekiel Stephan PART 2 (ep. 68).
68 The Death of Ezekiel Stephan - Part 2
Kristi Lee (Canadian True Crime)
0:00/1:08:56
ENRICHMENT LISTENING PART 1 (ep. 67), PART 3 (ep. 69).
67 The Death of Ezekiel Stephan - Part 1
Kristi Lee (Canadian True Crime)
0:00/1:15:18
69 The Death of Ezekiel Stephan - Part 3
Kristi Lee (Canadian True Crime)
0:00/1:04:35
NOTES TO SUPPORT YOUR UNDERSTANDING & THINKING ABOUT THE FIRST STEPHAN TRIAL COVERED IN THE PODCAST
R. v. Stephan 3--2--1 ACTIVITY See Google Classroom Post Under Class Materials to Access the DEBRIEF Google Doc LINK.
6 CASE LESSONS RATIOS
ADDITIONAL ENRICHMENT MATERIALS
R. v. Stephan CASE TIMELINE
Recent Journalism on the Appeal of the Second Trial Acquittal in the Stephan Case
Broadening the R. v. Stephan Criminal Elements to an EXPANDED Criminal Equation
READING 1 Elements of an Offence
BIG IDEA 2 THEORIES OF CRIMINALITY &
CRIMINAL RESPONSIBILITY
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SEE R.v. Jacob Readings, Materials, Class Activities, Videos under "UNIT 1 Evaluation Materials" on the Google Classroom <https://classroom.google.com/w/Mzg4ODExNzM2MTY1/t/all>.
SEE R.v. Jacob Legal Opinion Project Page <https://www.socialglobalstudies.com/r-v-jacob-legal-opinion>.
BIG IDEA 3 MEASURING HARM
"Reasoned Apprehension of Harm" = "evidence in the case supports the existence of a connection to harm" (R. v. Sharpe) SCC (2001).
PDF COPY Case Debate Instructions
ADDITIONAL CASE NOTES
APPLYING BIG IDEA 1, 2, 3
R. v. Jimmy Case TEACHER HIGHLIGHTS, RATIO, QUESTIONS
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)
LISTEN from minute 40:18 to 1:02:50 for the Audio Documentary titled "A Calculated Risk"
WEBSITE -- HIV Criminalization
ADDITIONAL DOC -- Consent: HIV non-disclosure and sexual assault law
EVOLUTION OF HIV CRIMINALIZATION CASE LAW
HIV & the Criminal Law case materials INCLUDE --
PART 3 HIV Justice Network HIV Criminalization Cases Database by Country [search "Canada" & select a specific category of criminalization or select "All categories"]
PART 2 PRECEDENT CASES IN CANADA -- STUDENT TASKS
ADDITIONAL SUPPORTING RESEARCH SOURCES FOR CAUSAL MAPPING / MOST DEVASTATING FACT
BIG IDEA 5 CRIMINAL DEFENCES
CASE STUDY The Defence of Provocation Under the Criminal Code of Canada (CCC s. 232)
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
SOURCE 1 LISTEN FROM MINUTE 10:46 to 18:37
SOURCE 2
SOURCE 4 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 add to the class Criminal Defences GRID detailing two elements: 1) the LEGAL TEST to establish an "air of reality" for your assigned criminal defence AND 2) the RATIO of the leading case for your assigned criminal defence (also detailed in the readings provided ABOVE).
LINK Google DOC Criminal Defences GRID TEMPLATE
CASE STUDY NCR Not Criminally Responsible (The Defence of Mental Disorder) DOCUMENTARY The Man Who Hears Voices
CASE STUDY R. v. Hewer CRIMINAL DEFENCES FACT PATTERN
R. v. Hewer FACT PATTERN