Legal Theories / Systems
Canada’s Aboriginal peoples had their own legal systems before contact with Europeans. Laws were not written down but transmitted orally from generation to generation. Laws were formulated by the community through tradition and consensus.
What is Indigenous Traditional Justice System?
Held that the conviction should be set aside. Thought that the context of the men's actions needed to be taken into consideration. And therefore is often seen as one who operates from natural law view point.
Who is Judge Foster?
The section of the Canadian Criminal Code that discusses any culpable homicide other than murder.
What is Section 236 of the Canadian Criminal Code?
Denunciation, deterrence, separation of offenders, rehabilitation, reparation and the promotion of responsibility.
What are the Canadian Criminal Code sentencing objectives?
Legal philosopher Lon L. Fuller wrote an article first published in the Harvard Law Review in 1949. It takes the form of a fictional judgment.
What is the "Case of the Speluncean Explorers"?
A theory, developed in the US and Scandinavian countries, that encouraged a more thoroughly empirical study of the process by which laws are made and applied.
What is legal realism?
Stated that "we must not confuse the moral aspects with the legal aspects of the case. It is up to the legislature to add changes to the law - not to the judges." And for this reason is said to favour legal positivism.
Who is Judge Keen?
The section of the Canadian Criminal Code that defines murder.
What is section 231 of the Canadian Criminal Code?
Factors in a case that causes the judge to impose a lighter or harsher sentence on the convicted person.
What are aggravating or mitigating circumstances?
A leading English criminal case which established a precedent throughout the common law world that necessity is not a defence to a charge of murder.
What is R v Dudley and Stephens?
Theory that the only valid source of law is the principles, rules, and regulations expressly enacted by the institutions or persons within a society that are generally recognized as having the power to enact them.
What is legal positivism?
He stated "common sense dictated that the verdict and the sentence be put aside" and it often listed by law and paralegal students as being part of the legal realism school of thought.
Who is Justice Handy?
These sections of the Canadian Criminal Code codify the objectives and principles of sentencing and are intended to “bring greater consistency and clarity” to sentencing.
What are sections 718 to 718.2 of the Criminal Code?
A type of sentence that focuses on repairing the damage to a community and victims of the crime.
What is Restorative Justice?
An often cited American 1842 case where a longboat containing passengers and members of the crew of a sunken American vessel was cast adrift in the stormy sea.
What is the US v Holmes case?
Theories of law that generally concern the legal, social, and economic rights of and improving opportunities for women.
What are feminist theories of law?
In the tradition of legal positivism, upheld the men's conviction and sentence but appealed for clemency.
Who is Chief Judge Truepenny?
This section of the Canadian Criminal Code is the closest that the code gets to discussing "cannabilism".
What is section 182 of the Canadian Criminal Code?
Capital Punishment was removed from the Canadian Criminal Code in this year.
What is 1976?
A 2012 Ontario Superior Court Case where a youth defendant used the law of necessity as his defence.
What is R. v C. (P.) 2012 ONSC 5362 case?
Theory that there is a source of law that is higher than man-made law, with which man-made law must try to comply.
What is Natural Law?
Found it impossible to reconcile the issues that this case posed and recused himself but by doing so actually decided the men's fate.
Who is Judge Tatting?
Provides that no minimum punishment is prescribed by law, a judge can, having taken into consideration the offender’s age and character, the nature of the offence, and the circumstances surrounding it, suspend the sentence and release the offender on probation.
What is Section 731(1)(a) of the Canadian Criminal Code?
It says that a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.
What is Section 718.1 of the Criminal Code?
Section 35 on the Canadian Charter of Constitution Act, 1982 provides that the existing Aboriginal rights of the Aboriginal peoples of Canada are hereby recognized and affirmed. This principle was affirmed in this case.
What is R v Powley?