Grade 12 Law Exam Review
Grade 12 Law Exam Review
Cases
R v Oakes i. Law must have an important objective * Preventing harm caused by hate propaganda was a pressing concern ii. Law must be rationally connected to the objective * There was a rational connection between s.319 (2) and protecting target groups and promoting social relations iii. Law must not infringe more than it is necessary to meet the objective * S.319 (2) des not overly restrict freedom of expression. It ensures that only openly hostile expression is affected iv. Law must not have a severely disproportionate affect * Hate propaganda does not contribute to the aspirations of Canadians in the quest for truth, promotion of self-development, or protection of a vibrant democracy.
R v Dunlap and Sylvester (Presence vs. actually aiding/abetting) * Summary: * Gang rape occurred at motorcycle club part * 18 men had intercourse with a woman, while 2 held her down * The woman said that the accused attacked and had sex with her * The men denied it, and said they simply saw the assault happening * Legal Principle: * If the accused is aware of the rape happening, but does nothing to stop it, is he an accessory/accomplice? * Court Ruling: * Presence at the scene of a crime is not sufficient to convict. Something more is needed: encouragement. * Presence at the commission of an offence can be evidence of aiding and abetting if accompanied by other factors, such as: prior knowledge of the offender’s intention to commit the crime, or attendance for the purpose of encouragement. * The accused can’t be convicted of aiding in the commission of a crime that he does not know is intended
R v Blaue (Causation) * Summary: * Defendant stabbed victim 4 times * A blood transfusion was necessary to save her life * She refused the treatment because of her religious beliefs * Legal Principle: * Was the cause of death the stabbing?
Cases
R v Oakes i. Law must have an important objective * Preventing harm caused by hate propaganda was a pressing concern ii. Law must be rationally connected to the objective * There was a rational connection between s.319 (2) and protecting target groups and promoting social relations iii. Law must not infringe more than it is necessary to meet the objective * S.319 (2) des not overly restrict freedom of expression. It ensures that only openly hostile expression is affected iv. Law must not have a severely disproportionate affect * Hate propaganda does not contribute to the aspirations of Canadians in the quest for truth, promotion of self-development, or protection of a vibrant democracy.
R v Dunlap and Sylvester (Presence vs. actually aiding/abetting) * Summary: * Gang rape occurred at motorcycle club part * 18 men had intercourse with a woman, while 2 held her down * The woman said that the accused attacked and had sex with her * The men denied it, and said they simply saw the assault happening * Legal Principle: * If the accused is aware of the rape happening, but does nothing to stop it, is he an accessory/accomplice? * Court Ruling: * Presence at the scene of a crime is not sufficient to convict. Something more is needed: encouragement. * Presence at the commission of an offence can be evidence of aiding and abetting if accompanied by other factors, such as: prior knowledge of the offender’s intention to commit the crime, or attendance for the purpose of encouragement. * The accused can’t be convicted of aiding in the commission of a crime that he does not know is intended
R v Blaue (Causation) * Summary: * Defendant stabbed victim 4 times * A blood transfusion was necessary to save her life * She refused the treatment because of her religious beliefs * Legal Principle: * Was the cause of death the stabbing?