Grade 12 Law Exam Review

Topics: Law, Human rights, Canadian Charter of Rights and Freedoms Pages: 18 (4637 words) Published: August 27, 2013
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? Or the victim choosing not to have a blood transfusion? * Court Ruling:
* Guilty. Thin skull rule
Those who use violence against others must take victims as they find them Blaue had to take the victim as a Jehovah’s Witness
* The defendant is not responsible if the victim dies as a result of an unrelated event If his actions led to the event, he is still guilty

R v Hummel (Stare decisis- lower courts must follow higher courts) * Summary:
* Judge Perkins did not follow a binding decision of a higher court (contravening the doctrine of stare decisis) * Perkins struck down a section of the criminal code, in favour of the defendant * The crown appealed, and judge Clements disagreed with Perkins, allowing the appeal * Shortly after, Perkins had another similar case, and refused to follow Clement’s judgment. He once again adopted his own reasoning as in the previous case. * Legal Principle:

* Decisions of a higher court must be followed because that is what holds common law together. Their decisions are “binding decisions” * It doesn’t matter that Perkins could have been more intelligent than Clements * Rulings of higher courts bind lower courts

R v Ladue (Does mistake negate mens rea?)
* Summary:
* Woman at a party died from drinking too much alcohol
* Forensics showed that Ladue had sex with her after he died * He couldn’t be charged with sexual assault because he was dead * He was charged with doing an indignity to a dead body
* Used the defense that he did not know she was dead, so he had no mens rea * Legal Principle:
* How can he be convicted of indignity on a dead body if he really did not think she was dead? * Court Ruling:
* It is impossible for Ladue to argue that he was acting innocently since he did not know she was dead * An intention to commit a crime, although not the precise crime, will provide necessary mens rea

R v Parks (Automatism)
* Summary:...
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