Social studies chapter 6
RIghts and freedoms, duites and responsibilities
-My rights are ensured by others acting responsibilities.
-My acting responsibly ensures that others enjoy their rights.
-In order for society to function properly, it is important that we understand our rights and freedoms.
Statue Law
The body of written law that has been passed as legislation by federal governments.
Common law
Based on the rulings by judges in court cases.
Duties and responsibilities
Obligations the laws place on people while they exercise their rights. You have the right to work at any job you want, however, you have the duty to pay income tax.
Rights
-Granted and guaranteed by government regulation.
-The law grants your right to live and work wherever you wish in Canada. You cannot deprive another person of his home.
-Your rights cannot be absolutely unlimited.
Freedoms
- Freedoms are privileges that are the very basis of a democratic government.
- Examples include: freedom of religious worship, expression, and peaceful assembly.
Equality rights - You cannot be discriminated against for the following reasons:
- Age, sex, religion, color, ethnic origin, mental or physical disability.
Enrtrenched
When a right is given special protection by being included in the Constitution.
Youth Criminal Justice Act (YCJA 2003)
Youth are treated in a different manner than adults unless the crime is very serious. The YCJA has ensured fair treatment of youth.
What a police officer must do when making an arrest:
1) Obtain a warrant unless the criminal is caught committing the crime.
2) Identify themselves as police.
3) Avoid using more force than is necessary.
4) Tell people why they are being arrested.
5) Tell people that they don’t have to make a statement.
6) Tell them any statement can and will be used in court.
7) Tell people they have the right to call a lawyer.
Purposes of Prisons/CLS
-Carry out punishment
-Try to rehabilitate criminals
-Protect the public from the criminals
Types and names of Prisons - Local Jails
(Remand Centre) Held overnight before being sent to provincial jail.
Types and names of prisons - Provincial jails
(Headingly) Offenders are held there while awaiting trial for serious crimes; offenders convicted of less serious crimes are held there for full term.
Types and name of prisons - Federal Jails
(Stony Mountain) Criminals are sent here for sentences over two years. Medium security facility. Kingston Penitentiary in Ontario is a Maximum security prison.
Legal Rights
Many nations today citizens still do not have legal rights. In Canada, the Charter was created in part to protect Canadians against the illegal use of power by governments.
Five parts of the Canadian legal system - Citizens
a) elect the government
B) possess rights protected by law
C) responsible for obeying the law
Five parts of the Canadian legal system - Governments
-Make laws
-Set down punishments
-Ensure order in society
-Guarantee rights of individuals
Five parts of the Canadian Legal System - Police
-Enforce the laws
-Prevent crimes
-Catch those who break the law (criminals)
Five parts of the Canadian Legal System - Courts
-Interpret laws
-Decide guilt or innocence
-Decide punishment
Canadian Charter of Rights and Freedoms
-The right to be secure from unreasonable search and seizure ---The right to be considered innocent until proven guilty
-The right of habeus corpus. (you have to be told why you are being arrested)
-The right against self-incrimination.
-The right not to be arbitrarily (randomly) detained and imprisoned.
-The right to a fair trial. You have the right to a lawyer.
Indictable offenses
More serious offenses (ex. Murder). This is called a felony in the USA.
Summary Conviction Offenses
Minor crimes and minor penalties. The maximum penalty is a 2000$ fine, 6 months in jail, or both. These are called misdemeanors in the USA
Inherent Right
Naturally possessed by a person or group, simply by virtue of their existence, identity, or humanity.
Defendant
The person or party who is being accused or sued in a legal case
Plaintiff
The person or party who starts the lawsuit
Functions of the courts
-Provinces are given the administration of justice.
-Criminal division of a provincial court will handle minor cases.
-More serious criminal cases go to the supreme court of the province.
-The supreme court of the province also handles appeals from the lower courts.
-In all cases the decision is made by: 1) Judge 2) Jury