1 SOSC 1375: Final Exam Study Guide ***Be sure to ...
1 SOSC 1375: Final Exam Study Guide ***Be sure to bring your York student ID*** You will not be allowed to write the final exam unless you have a valid (driver’s license, OHIP or passport) photo ID. I
Be prepared to provide short definitions and state the significance of the following terms (terms drawn from lectures and readings):
The Dangerous Poor - the poor are a dangerous lot who will stoop to criminality if given the opportunity - poor and homeless are supposed to be marginalized - “poverty is the mother of all crime” Urban Space and Citizenship - 'laws regulating the use of space signify function of space and citizenship - citizenship in the city - urban subjectivity (who is this space meant for) - ie. a bench and homeless people - only citizens who display citizenship are able to use public space Citizenship - amount of contribution and consumption they posses - neoliberalism: aggressive law and order policies that act as the muscle behind the market of discipline – people are forced to contribute to society or they are outcast Vagrancy Law in Canada 1. Crime to be homeless 2. Actually have to do something 3. Safe Streets Act - enabled better movement for everyone - liberalization to vagrant acts activist, being homeless and jobless was a crime - being a certain type of person was a crime - second the actions were a crime - third, safe streets act - removal of the severe sanctions - redefinition of the person of the vagrant - vagrant was now a person who: not having any apparent means of support is found wandering abroad or trespassing and does not, when required, justify his presence in the place where his is found and begs from the door to door in a public place Tort Law - means 'wrong' - wrong committed by one person against another or against the person's property of reputation either intentionally or unintentionally - also covers cases where a person causing an injury has no lawful right to do so - no precise definition - a civil wrong - courts balance the two - individual freedoms and injury - most of our criminal law was once tort law - dates back to a time when courts first saw need to remedy a wrong
2 Administrative Law - governs the activities of administrative agencies between the different branches of government - ie. Allocating particular responsibilities to federal, provincial or municipal court Public Space - envisioned as one of fluidity (people and things can move around without much interruption) - street as a vehicle, people as passengers and vagrants as obstacles - impediments defined by way of a moral conception of urban propriety, and by extension, urban citizenship - urban subjectivity is deeply connected with the moral conception of urban propriety and the function of space ** how to turn a beggar into a bus stop Safe Streets Act - amendment to highway traffic act - defined not to explicitly regulate people but to regulate the street - frames the questions as one of the relationship between the pedestrian and the panhandler - challenge is to balance different rights claims so as to enable smooth flow of pedestrians on the street - meant to apply to only one type of person - homeless, vagrants Turning a Beggar Into a Bus Stop - in order to handle the relationship between the pedestrian and the panhandler, they had to regulate the streets – not the people - they would be able to create specific conditions through urban subjectivity and they could control where beggars were located, and replace them with „useful‟ space for pedestrians such as bus stops, preventing beggars from using that space Treaty of Westphalia 1. Political self determinism - state sovereignty, every state can decide its own legal system 2. Equality between sovereign states – there‟s no hierarchy of state from one state to another 3. Principle of non- intervention - you cannot invade another state or claim that their laws are wrong ie. terrorism case Canadian Citizenship Acts Broken Windows Theory - theory introduced in 1982 by James Q. Wilson and George L. Kelling - prevents further petty crimes and deters individuals from committing more serious crimes - zero tolerance reforms - New York City - car example Sentencing Circles - operate within the Canadian criminal justice system and therefore within parameters set out by the Canadian criminal code and case law/appeals, often taking the place of criminal curt sentence hearings, one guilt has been established - alternative way for judges to sentence aboriginals - ie. R v. Moses - the process changes the outcome - sentencing circle, he didn't reoffend after this - offenses, which have minimum punishments above two years imprisonment, are rarely heard. Often only offenders who are eligible for a suspended or intermittent sentence
3 Narratology - what goes on in the courtroom is the telling of stories – it matters how a story is told (different narratives may evoke certain prejudices or outcomes) - using emotional language and involves the performance of the lawyers Legal Consciousness - sum of views and ideas expressing the attitude of people towards law, legality and justice and their concept of what is lawful and unlawful - ie. Woman form Ukraine who comes to Canada is more fearful of police than a British woman who comes to Canada because of her experiences with police in Ukraine Customary law punishment—payback - traditional tribal punishment imposed if one does not follow the tribal law. Common punishment is spearing – where the victim gets speared into the leg - we see culpability and responsibility differently than aboriginals - we may think that people should show responsibility for certain things and not show responsibility for other things Legitimation of Danger - danger is not something inherent - they are constructed - how do we conceive of danger? - legitimation of practices - murals, stains - surveillance – panopticon - way in which society perceives who is dangerous in terms of prejudicial thinking, natural and personal fears and those who pose a threat to us Consumer Citizenship - subsection of citizenship - creates laws that are the muscle behind market policies (aimed at specific sections of the poor that include the young, able-bodied citizens who are not engaged in or are avoiding work) - citizenship is connected to national economic growth and good citizens are productive citizens CCTV - closed circuit television - used as a regulation that occurs primarily through privacy laws - “eyes in the sky theory” – people in urban spaces are constantly monitored and observed for their behaviour, creating a subject who is deprived of personal choice because he is watched - debate is whether monitoring society comes more importantly due to the safety it allows for o if it disrupts our individual privacy rights by constantly monitoring all of our behaviour Surveillance Society - social belief that we live in a society that is under constant surveillance for security - surveillance causes citizens to behave under the constant fear that they are being watched and may be persecuted for doing anything illegal or bad - creates social norms that are absorbed by society through watching other citizens obey the norms – capable of controlling the minds of its citizens and influence the way they act in declaring appropriate or inappropriate actions
4 Panopticon - way of regulating people - the gaze, surveillance *** - Bentham‟s idea of the perfect prison - people would always behave because they never knew whether or not they were watched - meant to control the mind instead of physically restraining people Targeted killing - when a country/or state targets someone to kill (that case about the boy in the soccer uniform being on the secret hit list, and after his father pleaded not to drop a drone on that boy, they did anyways - it was an example of a target killing) Terrorism as a crime or act of war - deadly force against combatants is legitimate - irrespective of immediate threat level - legitimate targets - combatants belong to an identifiable group - uniform, military bases - guilt is irrelevant - no attempt to capture is needed Duty of Care - referred to as the right duty relationship in tort law - duty not to injure must be owed to the party who suffers the injury - injured party must have a legal right that has been violated by the act or the omission - negligence is present because there is a matter of owing the injured party a type of care Concept of Foreseeability - foreseeability as an element of tort liability was a difficult concept for courts to apply - standard that has to be determined before damages for an unintentional act could be determined - reasonable persons test is used to determine how likely it was that the person could foresee the negligence or crime occurring The Reasonable Person Test - courts seized upon a mythical person - reasonable person as a standard - courts measured the actions of the negligent person against what might be the actions of the reasonable person in the same situation - the reasonable person was presumed to possess normal intelligence and wild exercise reasonable case in their actions towards others - biases come into play - always depends on who is making a decision - social construction - we do need it and it is presented as a real standard Charter of Rights and Freedoms - guarantees all Canadians right to liberty, equality, and freedom of religion, expression, association and peaceful assembly - section 1: reasonable limits as prescribed by law that can be demonstrably justified in a free and democratic society - section 33: notwithstanding clause – has the power to remove section 2 and sections 7-15 in specific cases
5 Data Doubles - twin online, the representative of you, where you buy clothes, where you work, much more accurate information about who you are as a person - an identity that tells people a lot more about who you are in real life - online pictures depicting sexuality, intoxication, predisposition to violence; facebook and twitter likes, messages, posts; opinions - has been used in court when finding evidence to convict people Weblining - constant track-keeping device that search engines keep for archiving that displays everything you search - the information gets sent to advertisers - ie. Dictionary.com puts over 200 tracking devices on your computer Freedom of Association (Facebook Privacy) - right guaranteed under section 2 of the CCRF – people have the right to be associated with groups of interest - social media: you have the right not to reveal your associations with specific groups - law has to treat you as an individual - ie. Like weed on facebook – be charged for being a drug dealer Rules of Civil Procedure - rule that stats that if you have any kind of information, even if it doesn‟t benefit you, you must bring it in front of court - every document relating to any matter that is or has been in possession, control or power of a party must be presented as evidence in front of a court (facebook, twitter, social media) Premeditation (social media posts as evidence for) - social media such as facebook or twitter posts and messages can be used in court as mens rea or premeditation in harm, murder or other crimes - ie. “pow! One to the head, and now you are dead” and had a photo of him with a gun – was convicted of first degree murder after his friend was killed Eggshell Skull Rule - you have to treat everyone as if the smallest amount of damage could kill them - secure negligence charges since you must assume that all are open to harm as an eggshell - ie. Leechbrain – lack of safety in workplace cause smith to burn his lip, develop cancer and die Privacy and Social Media - theory that considers the Network Privacy theory that states that it isn‟t a private business because a vast number of people have access to it - this means that privacy rights will not protect anything you do or say online Consent and Privacy - consent is not needed when courts want to look through your social media profiles - is important in the eye in the sky theory because by providing social media data you are allowing people to watch over your every move - considered very important and most user agreements work on the concept of consent
6 Mens Rea and Negligence - found liable in negligence often for what they do, not what they don‟t do - you do not need a mens rea, or any intentions, you don‟t have to know what you are doing - negligence: Smith v. Leech brain (egg shell rule) - injury, cancer treatment, eventual death - company couldn‟t foresee the death from a burning lip but this was an exception because the victim is special - they should have foreseen the injury - they were negligent – didn‟t have uniforms, etc Urban Subjectivity - urban space and citizenship theory that suggests societies make structures in specific locations in order to result in specifically desired attributes - engineering of social locations that will result in the allowance or disability for members of society to take certain undesired actions - ie. Rails on bus stop benches to prevent the homeless from sleeping on them Fundamental Law - the organic or basic law of a political unit as distinguished from legislative acts; specifically : constitution Indeterminacy of Rights - refers to the problematic nature of our rights in the Charter - courts interpret rights and can thus justifiably decide what is considered to be an infringement (courts seem to have judicial supremacy) - we appoint judges so we feel that it is not democratic - rights are fundamental but not absolute – they are subject to interpretation and can be infringed upon based on section 1 Counter-hegemonic practices Spaces of Citizenship (prickly space, jittery space…..) - five different strategies of fortressing and guarding the public spaces from non-contributing citizens - stealthy space: space that cannot be found because of camouflage or it being obscured from view by things such as intervening objects - crusty space: space that cannot be accessed due to obstructions such as walls, gates and checkpoints - slippery space: space that cannot be reached due to contorted, protracted or missing paths of approach - prickly space: space that cannot be comfortably occupied because it is defended by wallmounted sprinklers systems, etc, to prevent loitering - jittery space: space that cannot be utilized and it is unobserved due to active monitoring by roving patrols and/or remote technologies feeding to security stations
7 Legal Issues - two paradigms: criminal law (law enforcement) and war - terrorism as a crime or act of war - targeted killing (state targeting individual) - international law - territoriality The Law and Equality - liberal notion of justice: we must all be treated equally before the law - distinction between: formal side of the law - how the law reads and it's actual impact/purpose Spirit of the Law - what the law is meant to achieve - citizens arrest - letter of the law says we can act as cops - spirit of the law is to catch people - but some shop keepers use a lot of violence and do not apprehend people the way a cop would Tort Liability and the Reasonable Person - would a reasonable person in similar circumstances have foreseen the injury to the plaintiff as a consequence of their actions - yes: defendant at fault - no: defendant blameless - the reasonable person test allows the courts flexibility and can chance with the society - who is the reasonable person? II Be prepared to write short essays (2-3 double spaced exam pages) on the following cases. 1. Briefly describe the key details of the case 2. What do the following cases illustrate 3. Provide your reasoned argument Carrie Davies (1915) - Narratology - medicalization - section 16 and the three (insanity) - shift from legal to medicalization - mrs. M R. v. Oakes (1986) - reverse onus: had to prove that he was innocent - defense: s. 8: presumption of innocence - prosecution: s. 1: reasonable limit 1. Prescribed by law - limitation must be part of law 2. Objective of the law must be pressing and substantial 3. Proportionality: I. Rational connection (R. v. Oakes), II. Minimal impairment, III. Proportionality: balancing the negative effect of limitation with positive effects of law on society - test is used every time a Charter violation is deliberated in courts - Charter was challenged and actually lost because it failed to protect a citizen
8 Sauve v. Canada (1993) -voting rights for prisoners -limitation contravenes sec 3 of the charter -can the limitation be saved by sec 1 of the charter R. v. Patrick (2009) - police searched is garbage that was still on his property and found enough evidence to convicted him - Section 8: unreasonable search - section protects people NOT places - abandonment – should garbage be protected? - throwing things out means you no longer have interest in it so it should not be protected - Charter was supposed to protect a person against unreasonable search * garbage is NOT person, so it is NOT protected Leduc v. Roman (2009) - Leduc was involved in a car accident and was deprived of enjoying his life - defense wanted his facebook page to be searched to show that he was not have his life deprived - what evidence can you use - are people obligated to provide evidence - Profiles ad public diaries and can be used as evidence - introduces the rule of civil procedure - data double : twin online, the representative of you, where you buy clothes, where you work, much more accurate information about who you are as a person Cikojevic v. Timm (2009) - Adrianna Cikojevic (17) – passenger in Ryan Timm‟s truck when he collided with a tree - Ms. Cikojevic loosened her belt to get a CD from the back - The defendant provided the courts with a stack of Facebook photos - skiing, posing with friends who were rock climbing and various outdoor activities R. v. Harrison (2009) - Charter of Rights and Freedoms - driving and SUV on a highway known to transport drugs - 35 kg of cocaine was found - unreasonable search: SUV was stopped on a hunch - 35kg of drugs is harmful to society therefore it is justifiable to admit this as evidence and to violate Harrison‟s sect 8 right - ties in with rule of law – it was an unreasonable search, it violated someone‟s right (section 8) but that was okay because of the amount of drugs they found in the car R. v. Grant (2009) - Charter of Rights and Freedoms - black male, walking in a high crime area and was IDed by three white officers - blocked his path and questioned him - he confessed to have marijuana and a firearm and was arrested - Grant‟s right was violated (section 9 – arbitrarily detained and then imporsioned)
9 Smith v. Leech Brain&Co (1962) - Smith was a galvanizer - as a result of company‟s negligence, a piece of molten metal struck Smith in the lip causing a burn - burn later ulcerated and caused cancer, which later killed him - his wife sued the company for burn, cancer treatment, and eventual death - perfect example of eggshell skull rule – you are responsible for any after effect from the injury that you caused - isn‟t necessary to show that death was foreseeable and it wasn‟t necessary to show that any ordinary person would not have died from a burn Amos v. New Brunswick Electric Power Commission (1977) - 9 year old boy was seriously injured when a tree branch he was climbing came into contact with an electric wire - NBECP was negligent in failing to cut down trees that have grown near the wires - NBECP was fully liable because children were known to play in that area Vaughan v. Menlove (1837) - first negligence case - English tort law case in which the concept of reasonable person is elaborated for the first time - menlove built a haystack improperly near his neighbour‟s property - it caught fire and burnt Vaughan‟s cottages - jury had to decide if menlove had acted a reasonable man would - importance of creating a standard for which a reasonable person is - you are responsible for everything that you do Harris v. TTC and Miller (1967) - infant extended his arm out of a moving TTC bus and his arm broke from being crushed by a pole - miller failed to exercise proper caution when pulling away from the bus stop - the infant was negligent as well. He pulled out his arm out of the window despite signs warning people to keep their limbs in - the liability was to be shared by everyone - bus driver has greater duty of care because he was in charge of his passengers and he would also be seen as more of a reasonable person than a child would Format - match ups - short definitions - cases (choose 3 out of 6 cases - write 2-3 pages each case) - bonus question - out of 30 marks
Be prepared to provide short definitions and state the significance of the following terms (terms drawn from lectures and readings):
The Dangerous Poor - the poor are a dangerous lot who will stoop to criminality if given the opportunity - poor and homeless are supposed to be marginalized - “poverty is the mother of all crime” Urban Space and Citizenship - 'laws regulating the use of space signify function of space and citizenship - citizenship in the city - urban subjectivity (who is this space meant for) - ie. a bench and homeless people - only citizens who display citizenship are able to use public space Citizenship - amount of contribution and consumption they posses - neoliberalism: aggressive law and order policies that act as the muscle behind the market of discipline – people are forced to contribute to society or they are outcast Vagrancy Law in Canada 1. Crime to be homeless 2. Actually have to do something 3. Safe Streets Act - enabled better movement for everyone - liberalization to vagrant acts activist, being homeless and jobless was a crime - being a certain type of person was a crime - second the actions were a crime - third, safe streets act - removal of the severe sanctions - redefinition of the person of the vagrant - vagrant was now a person who: not having any apparent means of support is found wandering abroad or trespassing and does not, when required, justify his presence in the place where his is found and begs from the door to door in a public place Tort Law - means 'wrong' - wrong committed by one person against another or against the person's property of reputation either intentionally or unintentionally - also covers cases where a person causing an injury has no lawful right to do so - no precise definition - a civil wrong - courts balance the two - individual freedoms and injury - most of our criminal law was once tort law - dates back to a time when courts first saw need to remedy a wrong
2 Administrative Law - governs the activities of administrative agencies between the different branches of government - ie. Allocating particular responsibilities to federal, provincial or municipal court Public Space - envisioned as one of fluidity (people and things can move around without much interruption) - street as a vehicle, people as passengers and vagrants as obstacles - impediments defined by way of a moral conception of urban propriety, and by extension, urban citizenship - urban subjectivity is deeply connected with the moral conception of urban propriety and the function of space ** how to turn a beggar into a bus stop Safe Streets Act - amendment to highway traffic act - defined not to explicitly regulate people but to regulate the street - frames the questions as one of the relationship between the pedestrian and the panhandler - challenge is to balance different rights claims so as to enable smooth flow of pedestrians on the street - meant to apply to only one type of person - homeless, vagrants Turning a Beggar Into a Bus Stop - in order to handle the relationship between the pedestrian and the panhandler, they had to regulate the streets – not the people - they would be able to create specific conditions through urban subjectivity and they could control where beggars were located, and replace them with „useful‟ space for pedestrians such as bus stops, preventing beggars from using that space Treaty of Westphalia 1. Political self determinism - state sovereignty, every state can decide its own legal system 2. Equality between sovereign states – there‟s no hierarchy of state from one state to another 3. Principle of non- intervention - you cannot invade another state or claim that their laws are wrong ie. terrorism case Canadian Citizenship Acts Broken Windows Theory - theory introduced in 1982 by James Q. Wilson and George L. Kelling - prevents further petty crimes and deters individuals from committing more serious crimes - zero tolerance reforms - New York City - car example Sentencing Circles - operate within the Canadian criminal justice system and therefore within parameters set out by the Canadian criminal code and case law/appeals, often taking the place of criminal curt sentence hearings, one guilt has been established - alternative way for judges to sentence aboriginals - ie. R v. Moses - the process changes the outcome - sentencing circle, he didn't reoffend after this - offenses, which have minimum punishments above two years imprisonment, are rarely heard. Often only offenders who are eligible for a suspended or intermittent sentence
3 Narratology - what goes on in the courtroom is the telling of stories – it matters how a story is told (different narratives may evoke certain prejudices or outcomes) - using emotional language and involves the performance of the lawyers Legal Consciousness - sum of views and ideas expressing the attitude of people towards law, legality and justice and their concept of what is lawful and unlawful - ie. Woman form Ukraine who comes to Canada is more fearful of police than a British woman who comes to Canada because of her experiences with police in Ukraine Customary law punishment—payback - traditional tribal punishment imposed if one does not follow the tribal law. Common punishment is spearing – where the victim gets speared into the leg - we see culpability and responsibility differently than aboriginals - we may think that people should show responsibility for certain things and not show responsibility for other things Legitimation of Danger - danger is not something inherent - they are constructed - how do we conceive of danger? - legitimation of practices - murals, stains - surveillance – panopticon - way in which society perceives who is dangerous in terms of prejudicial thinking, natural and personal fears and those who pose a threat to us Consumer Citizenship - subsection of citizenship - creates laws that are the muscle behind market policies (aimed at specific sections of the poor that include the young, able-bodied citizens who are not engaged in or are avoiding work) - citizenship is connected to national economic growth and good citizens are productive citizens CCTV - closed circuit television - used as a regulation that occurs primarily through privacy laws - “eyes in the sky theory” – people in urban spaces are constantly monitored and observed for their behaviour, creating a subject who is deprived of personal choice because he is watched - debate is whether monitoring society comes more importantly due to the safety it allows for o if it disrupts our individual privacy rights by constantly monitoring all of our behaviour Surveillance Society - social belief that we live in a society that is under constant surveillance for security - surveillance causes citizens to behave under the constant fear that they are being watched and may be persecuted for doing anything illegal or bad - creates social norms that are absorbed by society through watching other citizens obey the norms – capable of controlling the minds of its citizens and influence the way they act in declaring appropriate or inappropriate actions
4 Panopticon - way of regulating people - the gaze, surveillance *** - Bentham‟s idea of the perfect prison - people would always behave because they never knew whether or not they were watched - meant to control the mind instead of physically restraining people Targeted killing - when a country/or state targets someone to kill (that case about the boy in the soccer uniform being on the secret hit list, and after his father pleaded not to drop a drone on that boy, they did anyways - it was an example of a target killing) Terrorism as a crime or act of war - deadly force against combatants is legitimate - irrespective of immediate threat level - legitimate targets - combatants belong to an identifiable group - uniform, military bases - guilt is irrelevant - no attempt to capture is needed Duty of Care - referred to as the right duty relationship in tort law - duty not to injure must be owed to the party who suffers the injury - injured party must have a legal right that has been violated by the act or the omission - negligence is present because there is a matter of owing the injured party a type of care Concept of Foreseeability - foreseeability as an element of tort liability was a difficult concept for courts to apply - standard that has to be determined before damages for an unintentional act could be determined - reasonable persons test is used to determine how likely it was that the person could foresee the negligence or crime occurring The Reasonable Person Test - courts seized upon a mythical person - reasonable person as a standard - courts measured the actions of the negligent person against what might be the actions of the reasonable person in the same situation - the reasonable person was presumed to possess normal intelligence and wild exercise reasonable case in their actions towards others - biases come into play - always depends on who is making a decision - social construction - we do need it and it is presented as a real standard Charter of Rights and Freedoms - guarantees all Canadians right to liberty, equality, and freedom of religion, expression, association and peaceful assembly - section 1: reasonable limits as prescribed by law that can be demonstrably justified in a free and democratic society - section 33: notwithstanding clause – has the power to remove section 2 and sections 7-15 in specific cases
5 Data Doubles - twin online, the representative of you, where you buy clothes, where you work, much more accurate information about who you are as a person - an identity that tells people a lot more about who you are in real life - online pictures depicting sexuality, intoxication, predisposition to violence; facebook and twitter likes, messages, posts; opinions - has been used in court when finding evidence to convict people Weblining - constant track-keeping device that search engines keep for archiving that displays everything you search - the information gets sent to advertisers - ie. Dictionary.com puts over 200 tracking devices on your computer Freedom of Association (Facebook Privacy) - right guaranteed under section 2 of the CCRF – people have the right to be associated with groups of interest - social media: you have the right not to reveal your associations with specific groups - law has to treat you as an individual - ie. Like weed on facebook – be charged for being a drug dealer Rules of Civil Procedure - rule that stats that if you have any kind of information, even if it doesn‟t benefit you, you must bring it in front of court - every document relating to any matter that is or has been in possession, control or power of a party must be presented as evidence in front of a court (facebook, twitter, social media) Premeditation (social media posts as evidence for) - social media such as facebook or twitter posts and messages can be used in court as mens rea or premeditation in harm, murder or other crimes - ie. “pow! One to the head, and now you are dead” and had a photo of him with a gun – was convicted of first degree murder after his friend was killed Eggshell Skull Rule - you have to treat everyone as if the smallest amount of damage could kill them - secure negligence charges since you must assume that all are open to harm as an eggshell - ie. Leechbrain – lack of safety in workplace cause smith to burn his lip, develop cancer and die Privacy and Social Media - theory that considers the Network Privacy theory that states that it isn‟t a private business because a vast number of people have access to it - this means that privacy rights will not protect anything you do or say online Consent and Privacy - consent is not needed when courts want to look through your social media profiles - is important in the eye in the sky theory because by providing social media data you are allowing people to watch over your every move - considered very important and most user agreements work on the concept of consent
6 Mens Rea and Negligence - found liable in negligence often for what they do, not what they don‟t do - you do not need a mens rea, or any intentions, you don‟t have to know what you are doing - negligence: Smith v. Leech brain (egg shell rule) - injury, cancer treatment, eventual death - company couldn‟t foresee the death from a burning lip but this was an exception because the victim is special - they should have foreseen the injury - they were negligent – didn‟t have uniforms, etc Urban Subjectivity - urban space and citizenship theory that suggests societies make structures in specific locations in order to result in specifically desired attributes - engineering of social locations that will result in the allowance or disability for members of society to take certain undesired actions - ie. Rails on bus stop benches to prevent the homeless from sleeping on them Fundamental Law - the organic or basic law of a political unit as distinguished from legislative acts; specifically : constitution Indeterminacy of Rights - refers to the problematic nature of our rights in the Charter - courts interpret rights and can thus justifiably decide what is considered to be an infringement (courts seem to have judicial supremacy) - we appoint judges so we feel that it is not democratic - rights are fundamental but not absolute – they are subject to interpretation and can be infringed upon based on section 1 Counter-hegemonic practices Spaces of Citizenship (prickly space, jittery space…..) - five different strategies of fortressing and guarding the public spaces from non-contributing citizens - stealthy space: space that cannot be found because of camouflage or it being obscured from view by things such as intervening objects - crusty space: space that cannot be accessed due to obstructions such as walls, gates and checkpoints - slippery space: space that cannot be reached due to contorted, protracted or missing paths of approach - prickly space: space that cannot be comfortably occupied because it is defended by wallmounted sprinklers systems, etc, to prevent loitering - jittery space: space that cannot be utilized and it is unobserved due to active monitoring by roving patrols and/or remote technologies feeding to security stations
7 Legal Issues - two paradigms: criminal law (law enforcement) and war - terrorism as a crime or act of war - targeted killing (state targeting individual) - international law - territoriality The Law and Equality - liberal notion of justice: we must all be treated equally before the law - distinction between: formal side of the law - how the law reads and it's actual impact/purpose Spirit of the Law - what the law is meant to achieve - citizens arrest - letter of the law says we can act as cops - spirit of the law is to catch people - but some shop keepers use a lot of violence and do not apprehend people the way a cop would Tort Liability and the Reasonable Person - would a reasonable person in similar circumstances have foreseen the injury to the plaintiff as a consequence of their actions - yes: defendant at fault - no: defendant blameless - the reasonable person test allows the courts flexibility and can chance with the society - who is the reasonable person? II Be prepared to write short essays (2-3 double spaced exam pages) on the following cases. 1. Briefly describe the key details of the case 2. What do the following cases illustrate 3. Provide your reasoned argument Carrie Davies (1915) - Narratology - medicalization - section 16 and the three (insanity) - shift from legal to medicalization - mrs. M R. v. Oakes (1986) - reverse onus: had to prove that he was innocent - defense: s. 8: presumption of innocence - prosecution: s. 1: reasonable limit 1. Prescribed by law - limitation must be part of law 2. Objective of the law must be pressing and substantial 3. Proportionality: I. Rational connection (R. v. Oakes), II. Minimal impairment, III. Proportionality: balancing the negative effect of limitation with positive effects of law on society - test is used every time a Charter violation is deliberated in courts - Charter was challenged and actually lost because it failed to protect a citizen
8 Sauve v. Canada (1993) -voting rights for prisoners -limitation contravenes sec 3 of the charter -can the limitation be saved by sec 1 of the charter R. v. Patrick (2009) - police searched is garbage that was still on his property and found enough evidence to convicted him - Section 8: unreasonable search - section protects people NOT places - abandonment – should garbage be protected? - throwing things out means you no longer have interest in it so it should not be protected - Charter was supposed to protect a person against unreasonable search * garbage is NOT person, so it is NOT protected Leduc v. Roman (2009) - Leduc was involved in a car accident and was deprived of enjoying his life - defense wanted his facebook page to be searched to show that he was not have his life deprived - what evidence can you use - are people obligated to provide evidence - Profiles ad public diaries and can be used as evidence - introduces the rule of civil procedure - data double : twin online, the representative of you, where you buy clothes, where you work, much more accurate information about who you are as a person Cikojevic v. Timm (2009) - Adrianna Cikojevic (17) – passenger in Ryan Timm‟s truck when he collided with a tree - Ms. Cikojevic loosened her belt to get a CD from the back - The defendant provided the courts with a stack of Facebook photos - skiing, posing with friends who were rock climbing and various outdoor activities R. v. Harrison (2009) - Charter of Rights and Freedoms - driving and SUV on a highway known to transport drugs - 35 kg of cocaine was found - unreasonable search: SUV was stopped on a hunch - 35kg of drugs is harmful to society therefore it is justifiable to admit this as evidence and to violate Harrison‟s sect 8 right - ties in with rule of law – it was an unreasonable search, it violated someone‟s right (section 8) but that was okay because of the amount of drugs they found in the car R. v. Grant (2009) - Charter of Rights and Freedoms - black male, walking in a high crime area and was IDed by three white officers - blocked his path and questioned him - he confessed to have marijuana and a firearm and was arrested - Grant‟s right was violated (section 9 – arbitrarily detained and then imporsioned)
9 Smith v. Leech Brain&Co (1962) - Smith was a galvanizer - as a result of company‟s negligence, a piece of molten metal struck Smith in the lip causing a burn - burn later ulcerated and caused cancer, which later killed him - his wife sued the company for burn, cancer treatment, and eventual death - perfect example of eggshell skull rule – you are responsible for any after effect from the injury that you caused - isn‟t necessary to show that death was foreseeable and it wasn‟t necessary to show that any ordinary person would not have died from a burn Amos v. New Brunswick Electric Power Commission (1977) - 9 year old boy was seriously injured when a tree branch he was climbing came into contact with an electric wire - NBECP was negligent in failing to cut down trees that have grown near the wires - NBECP was fully liable because children were known to play in that area Vaughan v. Menlove (1837) - first negligence case - English tort law case in which the concept of reasonable person is elaborated for the first time - menlove built a haystack improperly near his neighbour‟s property - it caught fire and burnt Vaughan‟s cottages - jury had to decide if menlove had acted a reasonable man would - importance of creating a standard for which a reasonable person is - you are responsible for everything that you do Harris v. TTC and Miller (1967) - infant extended his arm out of a moving TTC bus and his arm broke from being crushed by a pole - miller failed to exercise proper caution when pulling away from the bus stop - the infant was negligent as well. He pulled out his arm out of the window despite signs warning people to keep their limbs in - the liability was to be shared by everyone - bus driver has greater duty of care because he was in charge of his passengers and he would also be seen as more of a reasonable person than a child would Format - match ups - short definitions - cases (choose 3 out of 6 cases - write 2-3 pages each case) - bonus question - out of 30 marks
