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CIVICS by Mind Map: CIVICS

1. Government and citizenship

1.1. Leadership

1.1.1. Autocratic

1.1.1.1. Characteristics: One person has full authority, makes all decisions, and is never questioned. All rules are made by the leader, and whatever someone else thinks or says is insignificant.

1.1.1.2. Effective when... there is a natural disaster; when there is a crisis; when you have a military; when traffic control is needed; when you are pressured for time.

1.1.1.3. Ineffective when... creative members have good ideas but aren’t allowed to express them; when members crave independence; when the leader isn’t too wise.

1.1.1.4. Real life leaders: Kings and queens; Adolf Hitler; Fidel Castro; Joseph Stalin; Bonito Mussolini.

1.1.2. Democratic

1.1.2.1. Characteristics: People working below the leader take a part in the process of making decisions. Ideas are swamped freely, discussion is encouraged, and every member individually acts like a leader to themselves. Members feel responsible and important. But the leader has final say over decisions.

1.1.2.2. Effective when... very wise or experienced members bring up creative ideas; when members that are very skilled and eager to share their knowledge do so; when the leader is patient and doesn’t mind giving his time up; when a hard complex problem needs to be solved.

1.1.2.3. Ineffective... in situations where roles are unclear or time is of the essence; when the leader lacks honesty, intelligence, courage, creativity, competence, or fairness.

1.1.2.4. Real life leaders: Thomas Jefferson; Gandhi; Martin Luther King; Mikhail Gorbachev; Susan B Anthony.

1.1.3. Laissez-faire

1.1.3.1. Characteristics: Leaders are hands off and let group members make the decisions. There is very little management and support from the leader, and there is a wide ranging freedom for everyone to make decisions. Leaders provide tools and resources, but then the group members are expected to solve their own problems. Power can be easily handed over to any member, but leaders do take full responsibility for what the group decides to do. Research proves that this leadership style leads to the least productivity amongst group members.

1.1.3.2. Effective: When team members have what it takes to succeed, and are very responsible; when group members are experts and specialize in certain topics or divisions; when members have a strong passion for their work and crave independence; when leader isn’t wise or knowledgeable.

1.1.3.3. Ineffective: when group members lack intelligence or experience; when members aren’t reliable; when members love to procrastinate; when leader intends to do absolutely nothing to help the members.

1.1.3.4. Real life leaders: Pope Francis.

1.2. Democracy

1.2.1. Retribution

1.2.1.1. Punishment that’s considered morally right and completely deserved.

1.2.1.2. Concept ensures that people get what they deserve and receive suffering for their actions.

1.2.1.3. Based on just vengeance and punishment.

1.2.2. Restitution

1.2.2.1. Restoring something lost or stolen to its proper owner, or recompensing for injury or loss.

1.2.3. Timeline

1.2.3.1. Babylon. Hammurabi

1.2.3.1.1. Criminal law and civil law was introduced; there were rules and penalties for every aspect of life; the basis of law was retribution; laws did not differentiate an accident from a deliberate action.

1.2.3.2. Hebrew. Mosaic. 1250 B.C.E.

1.2.3.2.1. This law concerned with punishing a deliberate action rather than an accident. There were specific laws regarding the care for poor people, and restitution was a significant part of the mosaic. It was also less gender specific.

1.2.3.3. Greek. 621 B.C.E.

1.2.3.3.1. Pretty cruel code for Athens that was very harsh; death was prescribed for almost all criminal offenses; and both trivial and serious crimes in Athens were punished with death.

1.2.3.4. Roman. 450 B.C.E.

1.2.3.4.1. The law had to be recorded; justice could not be left to judges alone; laws were set in an orderly fashion that could be easily reviewed; new laws could easily be added to the older ones; the code determined the law of England during the Roman occupation, and is now considered modern law foundation.

1.2.3.5. Byzantine. Justinian. 529

1.2.3.5.1. The reformed and clarified version of the Roman law. The code inspired justice, and was divided into four parts. The institutes serving as a textbook in law for students and lawyers, the digest, a casebook covering many trials and decisions, the Codex, a collection of statues and principles, and the Novels, containing new proposed laws.

1.2.3.6. English. William the conqueror, Magna Carta. 1215.

1.2.3.6.1. The British had three different ways to decide whether one was innocent or guilty- trial by ordeal, trial by oath helping, and trial by combat. All were to reveal God‘s judgement before prosecuting someone. The Magna Carta was one of the first constitutions in history. This was the first step of providing basic rights for the people of Britain. No one was above the law. A writ was made requiring a person to be brought in front of a judge or court for investigation of a restraint of the person’s liberty.

1.2.3.7. Aboriginal Law. 1720.

1.2.3.7.1. Five aboriginal groups came together as one, naming themselves the Iroquois Confederacy, which was later known as the Six Nations. They recorded the Great Binding law, which covered different important topics of their societies, and what was acceptable, and what wasn’t.

1.2.4. What Canada learned about democracy from other legal systems.

1.2.4.1. Morality and the law are interconnected.

1.2.4.2. It’s a civil responsibility to take care of the weak.

1.2.4.3. It’s important to encourage compliance to avoid punishment.

1.2.4.4. Concepts of both retribution and restitution.

1.2.4.5. The courtroom set up and garmets for court.

1.2.4.6. The Adversarial System (from British).

1.2.4.7. Righteousness and justice are important.

1.2.4.8. The importance of differentiating right from wrong, and what can be forgiven, and what simply cannot.

1.2.4.9. Québec’s legal system based on the French Napoleon code.

1.2.4.10. The importance of protecting the lower class from abuse by the ruling class.

1.2.4.11. Were introduced to the righteousness and justice of law.

1.2.4.12. Got ideas from other law systems that led to the creation of our charter of rights and freedoms.

1.3. Canada’s political structure

1.3.1. Canada's Constitution, Government, and Law-Making

1.3.1.1. Constitution: A document that sets out the blueprint for how a country should be governed and what kind of country it should be.

1.3.1.2. Need for an independent country: Canada didn't want to break ties with Britain and be completely separate, but rather they wanted to give Canadians more political and economic independence while maintaining a relationship with GB.

1.3.1.3. The BNA Act, 1867: The British North American Act was passed by the British and proclaimed into law on July 1st of 1867; Canada became of dominion and a country.

1.3.1.4. Federal System: Canada internationally went looking for the perfect system of government for us, by observing the mistakes of others (especially USA's Civil War).

1.3.1.5. Looking Overseas: Canada observed the British’s unitary system where power was centralized in ONE parliament led by a prime minister. Canada is simply too big and diverse to have only one boss, so the compromise Canada came up with was to have a federal government with two levels- a provincial and centre one.

1.3.1.6. Division of Powers (Jurisdiction)

1.3.1.6.1. Provincial Responibilities: Compensation to injured workers, direct taxation within province, education, labour and trade unions, municipal institutions, natural resources, hospitals, solemnization of marriage, property and civil rights of province, provincial courts and laws...

1.3.1.6.2. Federal responsibilities: Banking, bills of exchange, census’ and statistics, citizenship, criminal law, currency and coinage, employment insurance, foreign affairs, marriage and divorce, old age pensions, Postal Service, taxation, seacoast and inland fisheries…

1.3.1.7. Municipal Powers: The provinces delegated the responsibility of dealing with local governments and local matters, so a third level of government was created, and power was given to local governments.

1.3.1.8. Aboriginal Self-Government: Many Indian bands may operate like local (municipal) governments and have some authority to make bylaws that apply to each band’s reserve lands. Some groups that made agreements with the federal and provincial governments were even granted power to make more powerfully significant laws such as respect to marriage.

1.3.1.9. Branches of Government (Provincial and Federal)

1.3.1.9.1. Executive Branch

1.3.1.9.2. Legislative Branch

1.3.1.9.3. Judiciary

1.3.1.10. Supreme Court of Canada: The SCC is the nation’s highest court, consisting of three levels of PROVINCIAL courts: Provincial Court of Appeal, Superior Court (for serious offences), and Provincial Courts (for less serious offences) .

1.3.2. Additional Information

1.3.2.1. A Constitutional Monarchy: The government attempted to preserve its traditional links with Great Britain. So, under the terms of the BNA Act, Canada became a constitutional or limited monarchy, which meant that the head of the government was theoretically the British monarch.

1.3.2.2. Lobby Groups: There are times some believe strongly enough in issues that they want to go beyond the stage of just talking about them. They form interest groups, which happen when a number of people who come together, have common political goals. They may advertise their cause and take part in demonstrations, protests, and rallies, along with other strategies.

1.4. Passing legislation

1.4.1. Where laws come from

1.4.1.1. The first nations created the first laws in Canada before any European settlement, which was followed by the English and French colonists who brought over their legal systems. The English used common law, where as the French used civil law. The English defeated the French in North America, and the British common law had to be followed. However, even if the common law is used in most of Canada, the French civil code remains in Quebec.

1.4.2. Parliament of Canada (Legislative Branch)

1.4.2.1. The (federal) parliament, made up of the sovereign, senate, and the HOC are the legislative branch responsible for making laws.

1.4.3. Three Sources of Law

1.4.3.1. Common Law

1.4.3.1.1. Comes from the early English laws, and is also referred to as case law because it is derived from the decisions made by judges in court cases.

1.4.3.2. Statute Law (Federal and Provincial)

1.4.3.2.1. These type of laws are those that most are rather familiar with, and are enacted by both provincial and federal government‘s. Statutes override common law. Every level of government has the power to enact legislation, as long as it’s in its area political jurisdiction. Everyone in Canada is subject to the statute laws made by the federal government (ex. criminal law). But if a statute law is made regarding hospitals or the police forces for example, it's not a federal law, but a provincial one, meaning that it only applies to that specific province.

1.4.3.2.2. Aboriginals have a different type of governing structure, which allows them to often act like a separate province or municipality (municipal governments can create bylaws, which are regulations dealing with local issues). In other words, they are allowed to make their own laws, that are separate from everyone else's.

1.4.3.3. Constitutional Law

1.4.3.3.1. This type of law is at the top of the pyramid, because both statute and common laws must conform to the Canadian Constitution. The Constitution sets out the responsibility of each level of government and limits power. It overrides any other law.

1.4.4. Passing a Law

1.4.4.1. The government can draft legislation that address public concerns, reflects policies, or considers technological advances. However, if a law is in conflict with the constitution, it may be struck down for being unconstitutional.

1.4.5. Where a bill starts

1.4.5.1. There are several ways on how a law starts. It may start as a proposed law or bill introduced to legislation. Or, it can be a government/ public bill, one introduced by cabinet minister. And finally it could be a private members bill, one introduced by a private member who does not hold cabinet. This one is always introduced by an MP and is more difficult to get through, as it does not start out with cabinet support.

1.4.6. Readings of a bill

1.4.6.1. First reading: to provide information. Second reading: for debate. Third reading: to refresh the members' minds regarding details of the bill including changes. After third reading, the vote takes place. After vote, then onto another house (usually the senate). Once the bill is passed into law, it goes to the GOVERNOR GENERAL, and he gives assent to the bill, allowing it to become law in the name of the queen. The bill is now an act and is reprinted as a statute.

1.4.7. Role of Interest Groups and Individuals

1.4.7.1. Although only the government can enact statute laws, suggestions can be made for new laws, or amending laws from individuals, legal experts, lobby groups, or even government legal advisors.

1.4.8. Lobby Groups

1.4.8.1. Organizations alter public opinion, challenge existing laws, and may convince legislation to change laws (Often done by advertising).

1.5. Electoral processes and political parties

1.5.1. Political Spectrum

1.5.1.1. The Political Spectrum

1.5.1.1.1. A broad range of varied but related ideas that tend to overlap, that form a continuous series or sequence that shows where each party’s political beliefs fall. (A.K.A a line representing political ranges)

1.5.1.2. Communism (Left)

1.5.1.2.1. System of social organization, and all property is owned by the country, not individuals.

1.5.1.2.2. Totalitarian: The ruler is a dictator (single power holder), but in more of a society than a government. The people believe in the leaders leadership, which is why he/she can lead.

1.5.1.3. Socialism (Towards the center)

1.5.1.3.1. System of social organization and advocates for the vesting of the ownership and control of the means of the community as a whole. The state owns capital land and uses it to better the wealth of the people. A transition step from Communism to Capitalism.

1.5.1.4. Liberalism (In the middle/left)

1.5.1.4.1. A political philosophy advocating the freedom of the individual and parliamentary systems of government to assure unrestricted development for individual rights and civil liberties. Governmental guarantees of individual rights and civil liberties.

1.5.1.5. Conservativism (In the middle/right)

1.5.1.5.1. A political philosophy advocating the preservation of the best of the established order in society and opposing radical change. In other words, we keep traditions and hold on to the past. If change is needed, it is done slowly, to keep order in society.

1.5.1.6. Fascism (Far right)

1.5.1.6.1. A governmental system led by a forceful, critic dictator having complete power, controlling all industry and commerce, and emphasizing an aggressive nationalism and often racism. Government also has total control and uses their military to enforce law.

1.5.1.6.2. Authoritarian: The leader is a dictator, but more of a government than a society. Driven by control, this leader imposes rule through fear.

1.5.1.7. How to remember the ideologies?

1.5.1.7.1. Competitive- (Communism) Students- (Socialism) Learn- (Liberalism) Content- (Conservatism) Faster- (Fascism)

1.5.1.7.2. Communism- Charismatic Socialism- Transition Liberalism- Freedom Conservatism- Order Fascism- Control

1.5.1.8. What's the Breakdown in Canada?

1.5.1.8.1. Most of Canada is either conservative or NDP.

1.5.2. Electoral Process

1.5.2.1. Franchise refers to the act of gaining the right to vote. Throughout history, Canada has denied certain groups (specifically people of a certain race, sex, wealth, religion, age, employment, disability, or imprisonment) the right to vote. Now, we can see our democratic beliefs expressed in the "universal franchise", as all citizens have the right to vote, as long as they are over the age of 18.

1.5.2.2. Citizens in Canada are given the opportunity to choose their own government.

1.5.2.3. One vote really matter, as much as you may not think it does.

1.5.2.4. Since we have three levels of government, we also have three sets of elections.

1.5.2.4.1. At the provincial and federal levels, an election must take place within five years. The decision to call an election is up to the Prime Minister for a federal election and the Premier for a provincial election. Elections at the municipal level must take place every three years.

2. Rights & Responsibilities of Citizenship

2.1. Rights, Responsibilities, and the Charter

2.1.1. Jurisdiction, Enforcement, and the Canadian Charter of Rights and Freedoms

2.1.1.1. Jurisdiction

2.1.1.1.1. The Charter of Rights and Freedoms applies to all levels and branches of government, but have no jurisdiction over situations that do not involve the government (ex. discrimination).

2.1.1.2. Enforcement

2.1.1.2.1. There are 34 sections in the Charter, and Section 24 (1) allows people to challenge the government if the Charter has been violated.

2.1.1.3. Role of the Supreme Court of Canada (SCC)

2.1.1.3.1. The SCC interprets existing laws, but do not uphold the rights of citizens, even though they could use the Bill of Rights.

2.1.1.3.2. After the Charter was created, the SCC started being called the “top guard dogs” because they are the guardians of the Constitution.

2.1.1.3.3. If the SCC determines that a Charter right or freedom has been infringed, they may strike down the offending law using section 52 of the Constitution.

2.1.1.4. Big 3 Questions for the SCC

2.1.1.4.1. Was the right infringed or violated by government or its agencies?

2.1.1.4.2. Is the right in question covered under the Charter ?

2.1.1.4.3. Is the violation or infringement within a reasonable limit?

2.1.1.5. Section 1

2.1.1.5.1. Rights should be absolute.

2.1.1.5.2. Rights and freedoms are guaranteed, but our safeguard is that they are subject to “reasonable limits” (sound, fair, sensible).

2.1.1.6. Section 33

2.1.1.6.1. A compromise shall be reached that allows the government to override some of the rights and freedoms by passing legislation that is free from legal and equality rights, although it only stays in effect for five years before it is reviewed and re-enacted.

2.1.1.6.2. Although rarely used, it is there just in case.

2.1.1.7. Interpreting Section 2

2.1.1.7.1. Outlines the four fundamental freedoms guaranteed to all.

2.1.2. Exploring Your Rights: Case Analyses and Combing through the Charter

2.1.2.1. The Charter protects our rights and freedoms by placing limits on the ability of the government to pass laws or take any actions that may infringe our rights.

2.1.2.2. While citizens have rights, they also have responsibilities. Often the two are directly linked.

2.1.2.2.1. Some responsibilities include...

2.1.2.3. The Rule of Law = No one is above the law.

2.2. Human Rights and International Rights

2.2.1. Human Rights (Influences, International, Canadian, Ontario)

2.2.1.1. Stereotypes

2.2.1.1.1. False, general, standard or fixed judgment.

2.2.1.1.2. Lead to prejudice.

2.2.1.2. Prejudice

2.2.1.2.1. An opinion or judgement based on irrelevant opinions or inadequate knowledge, especially an unfavourable opinion or judgement.

2.2.1.3. Discrimination

2.2.1.3.1. The outcome or action derived from stereotypes, prejudice, or misuse of power, whether it be intentional or unintentional.

2.2.1.3.2. A negative effect on an individual or group because of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex...

2.2.1.4. Human Rights

2.2.1.4.1. Human rights legislation deals with discrimination and is used to correct and prevent injustice of discrimination.

2.2.1.4.2. Different than s. 15 (1) from Canada's Charter. Human rights do NOT have the force of law.

2.2.1.4.3. The power of these agreements comes from mutual example and public pressure.

2.2.1.5. Universal Declaration of Human Rights

2.2.1.5.1. In the 1940s and 1950s it really wasn’t all that uncommon for individuals to be discriminated against in housing, education, and employment.

2.2.1.5.2. UN formed to protect human rights and stabilize international relations between countries.

2.2.1.5.3. For ALL people and nations.

2.2.1.6. Canadian Human Rights Protection

2.2.1.6.1. Applies to FEDERAL governments and agencies.

2.2.1.7. Ontario Human Rights Protection

2.2.1.7.1. One of the most important pieces of legislation governing our lives.

2.2.1.7.2. Outlines the rights and responsibilities of citizens.

2.2.1.7.3. Provides a legal mechanism to prevent or stop discrimination and provides remedies for victims of discrimination.

2.2.1.7.4. In Ontario.

2.2.1.8. Commissions

2.2.1.8.1. A group of people appointed by the federal OR provincial government to (1) enforce human rights, and (2) make decisions about complaints.

2.2.1.8.2. If not settled by HRC, they go to an adjudicator, board of inquiry, or finally a tribunal.

2.2.1.9. Filing a Complaint

2.2.1.9.1. Must be legally convincing, or else, disproved by contrary evidence, and so the Commission may dismiss the complaint for a variety of reasons.

2.2.1.10. Mediation

2.2.1.10.1. Intervention between conflicting parties that promotes compromise/ settlement of the dispute.

2.2.1.11. Investigation

2.2.1.11.1. If no settlement is reached, the complainant is referred to investigation services: Inspecting documents, records, correspondence related to the case, examining location, interviewing witnesses...

2.2.1.12. Hearing a Case

2.2.1.12.1. Witnesses testify under oath.

2.2.1.12.2. Decisions can be appealed by a judicial review.

2.2.1.12.3. Then certain possible remedies can take place.

2.2.2. Universal Rights, Important Declarations, and Racial Profiling

2.2.2.1. On December 10, 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights.

2.2.2.2. The UN expanded on the rights because many of the contents were vague and did not fully explain the possible violation or the rights thoroughly. In September 1990, the Convention on the Rights of the Child Summary was completed with a total of 54 articles.

2.2.2.3. Racial Profiling

2.2.2.3.1. Racial profiling is when any hateful action is undertaken that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin, rather than on reasonable suspicion, to single out an individual for greater scrutiny or different treatment.

2.3. Law & Order

2.3.1. Our Legal Heritage: The Need for Law

2.3.1.1. Law in Our Lives

2.3.1.1.1. The law is everywhere, and Canada’s legal system represents principles Canadians believe in and value. Each generation influences this system, and the law passed reflect the society of that period.

2.3.1.1.2. Without laws, we would find that the law of the jungle dominated - only the strong would survive.

2.3.1.2. Rules vs. Laws

2.3.1.2.1. In essence, rules are made to lay some general do's and dont's (in sports, families, workplaces...) and if you disobey them, you will be penalized. However, unlike rules, laws are enforced by the government and you cannot opt out or change the laws on your own. Not all rules are laws, but all laws are rules, and you will get punished if you dont follow laws.

2.3.1.3. Why Study the Law?

2.3.1.3.1. Canadians need to become informed, because knowing what the law is and how it works, provides you with insight to influence change and best serve your generation.

2.3.1.3.2. The law is not entirely black and white; it’s more of a greyscale. They regulate our activities from birth to death, and tell us how to act and how to not act.

2.3.1.4. Social Necessity

2.3.1.4.1. Law is a civilized attempt to regulate life in society by the principles of reason and fairness, opposed to brute force. It is said that law is merely a social necessity, because if there were no laws stopping individuals from assaulting others or stealing from stores persay, life would be absolutely chaotic.

2.3.1.5. The Need for Law

2.3.1.5.1. Laws provide predictability and structure for creating a safe and peaceful society. Disputes are settled in the courts rather than by duelling.

2.3.1.5.2. We also follow the RULE OF LAW, which allows for justice.

2.3.2. Classifying Law: The Categories of Law

2.3.2.1. The UN

2.3.2.1.1. An organization that has international legal status.

2.3.2.1.2. The UN helps nations by resolving disputes peacefully, avoiding war, and protecting human rights. UN has developed rules and guidelines regarding international issues. 192 nations have joined.

2.3.2.2. There are two major categories of laws...

2.3.2.2.1. International Law

2.3.2.2.2. Domestic Law

2.3.2.3. Civil Remedies

2.3.2.3.1. "Allow plaintiffs (people who bring a case against another in a court of law) to receive money, or damages, for the losses or injuries they have suffered."

2.3.2.3.2. There are FOUR common types of damages...

2.3.2.4. Alternate Dispute Resolution

2.3.2.4.1. Legal courts have begun to use Alternate Dispute Resolution in civil matters. There are three kinds of approaches...

2.4. Canada's Courts and the Trial Process

2.4.1. The Criminal Court System

2.4.1.1. Provincial Court System

2.4.1.1.1. Consists of the provincial courts and the superior courts of the province.

2.4.1.1.2. Preliminary Hearings

2.4.1.1.3. Provincial Appeal

2.4.1.1.4. Superior Courts

2.4.1.2. Federal Court System

2.4.1.2.1. Trial and appeal divisions.

2.4.1.2.2. Hears claims involving federal government.

2.4.1.2.3. Supreme Court of Canada

2.4.1.3. Participants

2.4.1.3.1. Fundamental principles in Canada’s CJS...

2.4.1.3.2. Personnel

2.4.1.4. Role of the Jury

2.4.1.4.1. Eligibility and Disqualifications

2.4.1.4.2. Some Exceptions

2.4.2. The Criminal Trial Process

2.4.2.1. Crown's Opening Statement

2.4.2.1.1. BURDEN of PROOF: the Crown has the obligation to prove the guilt of the accused.

2.4.2.1.2. The Crown presents its case FIRST (B.O.P) which includes the offence, their evidence, and their plan to prove their case.

2.4.2.2. Examination of Witnesses

2.4.2.2.1. First examination a.k.a. DIRECT EXAMINATION. (Crown interrogates the witnesses first, and then, the defence has their turn.)

2.4.2.2.2. This introduces doubt.

2.4.2.3. Defence Responds

2.4.2.3.1. The judge either agrees or disagrees with the motion for dismissal.

2.4.2.3.2. The defence then summarizes its case, and the defendant may choose to testify.

2.4.2.4. Rules of Evidence: Objections

2.4.2.4.1. The judge decides whether an objection is acceptable.

2.4.2.4.2. Leading Questions

2.4.2.4.3. Statements

2.4.2.5. Types of Evidence

2.4.2.5.1. Evidence MUST be “material.”

2.4.2.5.2. Direct: Testimony from a witness to prove an alleged fact.

2.4.2.5.3. Circumstantial: Indirect evidence which leads to reasonable inference (relies on circumstances).

2.4.2.5.4. Character: Establishes the likelihood that the defendant is the TYPE of person who would either commit or not commit a certain offence.

2.4.2.5.5. More types of evidence...

2.4.2.6. Summations

2.4.2.6.1. Each counsel presents their sides in a summary directed to the jury.

2.4.2.6.2. Whatever side called the witnesses to the stand, closes first.

2.4.2.6.3. Crown attempts to show that the defendant is GUILTY beyond all reasonable doubt.

2.4.2.6.4. Defence attempts to show that the Crown failed to establish reasonable doubt.

2.4.2.7. Charge to the Jury

2.4.2.7.1. The judge then explains to the jury the law, instructs on how the law applies to the case, advises how to consider the evidence, and advises how to return a verdict in accordance with the law.

2.4.2.8. Verdict

2.4.2.8.1. The verdict must be unanimous, but a jury can also be very indecisive a.k.a. a hung jury.

2.4.2.9. Appeals

2.4.2.9.1. A notice of appeal MUST be filed within 30 days.

2.4.2.9.2. Appeal court will either affirm the lower court’s decision, reverse the lower court’s decision, or order a new trial.

2.4.2.9.3. Witnesses do not testify again and court’s verdict is MAJORITY.

2.5. Sentencing

2.5.1. Goals of Sentencing

2.5.1.1. Protection of the Public

2.5.1.1.1. Protection of their person, their property, and their individual rights and freedoms.

2.5.1.2. Retribution

2.5.1.2.1. Society often wants a person to “pay” for their offence, so punishing the offender to avenge a crime is what retribution is.

2.5.1.2.2. "AND EYE FOR AN EYE"

2.5.1.3. Deterrence

2.5.1.3.1. Imposing a penalty so that it will deter (discourage) others from committing crimes. (either criminals from reoffending, or others in society)

2.5.1.4. Rehabilitation

2.5.1.4.1. Treating problems that interfere with an offender’s ability to function in society.

2.5.1.5. Restitution

2.5.1.5.1. Requires offenders to pay society back for the injury, loss, and suffering they caused.

2.5.1.6. Denunciation

2.5.1.6.1. Condemnation of the offender’s action(s).

2.5.2. Sentencing Procedure

2.5.2.1. The judge weighs the facts of each case to decide which sentencing goals are most important to achieve.

2.5.2.2. After the criminal trial, the sentencing process begins. Note: Major offences are usually more delayed than minor ones.

2.5.2.3. Perspectives to Consider

2.5.2.3.1. The offender

2.5.2.3.2. The victim

2.5.2.3.3. Society

2.5.3. Traditional Sentences

2.5.3.1. Discharges

2.5.3.1.1. The most lenient sentence. Releasing the offender. It can either be an absolute or a conditional (with terms) discharge.

2.5.3.2. Probation

2.5.3.2.1. A sentence that allows a convicted offender to PROVE that he/she is able to live in the community without committing another offence.

2.5.3.3. Suspended Sentence

2.5.3.3.1. A judgment that is passed but not carried out as long as the offender meets certain conditions set out by the judge. (For offences that have NO minimum punishment required by the Criminal Code.)

2.5.3.4. Intermittent Sentence

2.5.3.4.1. A prison sentence of less than 90 days that can be served on weekends and at night (usually given to more responsible offenders).

2.5.3.5. Conditional Sentence

2.5.3.5.1. A prison term of less than TWO years that may be served in the community rather than in prison.

2.5.3.5.2. Terms are stricter than they are for probation or suspended sentence.

2.5.3.6. Electronic Monitoring

2.5.3.6.1. Use of an electronic supervising bracelet that emits a signal to a computer and a remote location.

2.5.3.7. Deportation and Fines

2.5.3.7.1. Anyone who is not a Canadian citizen and commits an indictable (major) offence in Canada can be deported.

2.5.3.7.2. Fines are specific amounts of money that offenders are required to pay the court as punishment.

2.5.3.8. Suspension of Privileges

2.5.3.8.1. Withholding a driver’s licence or a licence to own a firearm.

2.5.3.8.2. Can last a lifetime, but not often.

2.5.3.9. Plea Bargaining

2.5.3.9.1. The Crown and the defence counsel negotiate an agreement called a plea bargain, whereby the defendant agrees to plead guilty and receives a lesser sentence.

2.5.3.10. Incarceration

2.5.3.10.1. Imprisonment for a specified length of time. Each criminal offence has a maximum sentence though.

2.5.4. Provincial and Federal Correctional Systems

2.5.4.1. Prison is the toughest and most expensive penalty.

2.5.4.2. Locking up offenders is an expensive proposition.

2.5.4.3. In a Provincial Correctional System people are either awaiting trial or serving sentences of LESS than TWO years. There are three types of security: Closed Custody, Protective Custody, and Open Custody.

2.5.4.4. Federal Correctional Systems are for sentences GREATER than TWO years. There is maximum, medium, and minimum security.

2.5.5. Law and Morality

2.5.5.1. Laws reflect the moral values of the majority of society, although moral codes can be controversial.

2.5.6. Law and Justice

2.5.6.1. Law should be based around just behaviour or treatment, and being fair and reasonable.

2.5.7. Concept of Justice

2.5.7.1. The concept of justice is open to debate, as society morals change over time.

3. Global Citizenship

3.1. Global Citizenship

3.1.1. Global Citizenship: looking at the entire world and everything that is in it; its essential to not only be a village citizen.

3.1.2. Solidarity: the result of interconnectedness and interdependency. Creates one human family, and makes everyone equal.

3.1.3. Being a global citizen also means that you are entitled to certain basic rights (ex. speaking up when there is a concern).

3.2. Canada's Current Global Position

3.2.1. Over many decades of global involvement Canada has developed a good global reputation. Canada has become a strong part of UN.

3.2.2. Being a global citizens means you have to move beyond stereotypes and recognize that there is always another side to the story, and you have to look at solutions that will benefit the common good.

3.3. Contemporary Global Concerns and Non-Governmental Organizations

3.3.1. It is important to look at issues that don't affect you, because you have the power to make a difference.

3.3.2. Active citizens believe that they can create change in many different ways before a problem becomes increasingly difficult.

3.3.3. To respect human rights its important to...

3.3.3.1. Educate yourself about global issues. If you are interesting in learning more about a topic, take some time to look into it.

3.3.3.2. Make others aware of human rights violations, and promote awareness in your school or join an activist group.

3.3.3.3. Use Methods of Non-Violent Action.

3.3.3.3.1. Write a letter

3.3.3.3.2. Create a petition

3.3.3.3.3. Join a local activist group

3.3.3.3.4. Create a song, art, children's book, computer game, a symbol with a message

3.3.3.3.5. Lobby a committee or group

3.3.3.3.6. Organize or participate in an awareness assembly

3.3.3.3.7. Organize or participate in a protest

3.3.3.3.8. Join an NGO (Non-Governmental Organization)

3.3.3.3.9. Be a founder of a new NGO

3.3.3.4. Use your rights to foster the rights of others.

3.3.3.5. Keep informed about global concerns. (Watch the news, read the newspaper, explore the Internet).