CLN4U Strands, Units, and Expectations:

Heritage:

• Sources of Law:
  • trace the development of law from its primary sources in religion, customs, and social and political philosophy;
  • distinguish between primary and secondary sources of law (e.g., constitutions, statutes, court decisions; legal writings);
  • explain the distinctions between common and civil law, substantive and procedural law, domestic and international law, and private and public law;
  • compare various historical methods and systems of adjudication (e.g., trial by ordeal versus trial by combat, adversarial versus inquisitorial systems).
• Theories and Concepts:
  • explain legal concepts such as democracy, justice, equity, equality, rule of law, sovereignty, and primacy of the right;
  • analyse the views of historical and contemporary philosophers of law (e.g., Socrates, Aristotle, John Locke, Jeremy Bentham, Thomas Hobbes, R.M. Dworkin, Henry Shue, H.L.A. Hart);
  • evaluate the strengths and weaknesses of different theories of law (e.g., natural and positive law, legal realism, feminist law);
  • explain the concept of justice as defined by philosophers and legal scholars;
  • analyse contemporary legal situations that raise the question of conflict between what may be legally correct but is generally viewed as unjust.
• Law and Society:
  • explain the interrelation of law, morality, and religion;
  • analyse how society uses law to express its values;
  • analyse contemporary events and issues that demonstrate a possible conflict between the law and societal values.
• Law Reform:
  • evaluate the influence of individual citizens who have fought to change the law (e.g., Dr. Henry Morgentaler, Dr. David Suzuki, Nelson Mandela, Sue Rodriguez, David Lepofsky, Rosalie Abella);
  • assess the role of collective action in changing the law in democracies (e.g., activities of lobby and pressure groups, voting at the polls, citizen petitions);
  • assess the power of the individual citizen to change or modify our laws, and determine under what circumstances individuals have a responsibility to seek legal reform (e.g., civil rights violations, police brutality, privacy issues).

Rights and Freedoms:

• Human Rights in Canada:

  • explain the evolution of Canadian human rights legislation from English common law to the Canadian Bill of Rights and then the Canadian Charter of Rights and Freedoms;

  • evaluate the protections provided by federal and provincial human rights legislation (e.g., Canadian Human Rights Act, Ontario Human Rights Code);

  • identify historical and contemporary barriers to the equal enjoyment of human rights faced by individuals and groups in Canada, and analyse their effects.

• Canadian Constitutional Law:

  • distinguish between the law-making powers of the federal, provincial, and municipal governments;

  • explain what a constitution is and why it is necessary;

  • explain the role of the courts in determining law-making jurisdiction;

  • explain the significance of key events in Canadian constitutional history (e.g., the British North America Act, 1867; the Statute of Westminster, 1931; the Constitution Act, 1982; the Meech Lake Accord, 1987; the Charlottetown Accord, 1992).

• The Canadian Charter of Rights and Freedoms:

  • explain what is meant by entrenching rights in a written constitution;

  • analyse how rights and freedoms are protected under the Charter of Rights and Freedoms (e.g., fundamental freedoms; democratic, mobility, legal, equality, and language rights);

  • explain how rights included in the Charter are accompanied by corresponding responsibilities or obligations;

  • explain how citizens can exercise their rights under the Charter (e.g., by initiating Charter challenges in the courts to legislation or government action; by raising the Charter as a defence when charged with an offence).

• The Legislature and the Judiciary:

  • explain how rights may be limited or overruled according to the Charter (e.g., section 1, section 33);

  • evaluate the role of the courts and tribunals and, in particular, the Supreme Court of Canada, in interpreting Charter rights;

  • describe how Charter rights are enforced.

• Minority and Majority Rights:

  • identify historical and contemporary examples of conflicts between minority and majority rights (e.g., Riel Rebellion, the Quebec sovereignty debate, First Nation land claims);

  • explain why it is difficult but essential to balance majority and minority rights in a democracy;

  • evaluate the political and legal avenues available for resolving conflicts (e.g., the courts, tribunals, legislation, referendums).

Criminal Law and Procedures:

• Theories of Crime:

  • analyse the main theories that philosophers, psychologists, sociologists, and criminologists use to explain deviant behaviour;

  • explain the relationship between criminal law and morality and what is meant by “criminal conduct”;

  • explain the legal definition of a crime and the concepts of mens rea, actus reus, and strict and absolute liability;

  • explain the purpose of criminal law;

  • compare summary, hybrid, and indictable offences as they relate to criminal law.

• The Criminal Trial Process:

  • explain the processes of police investigation, arrest, search, and interrogation of suspects;

  • explain pre-trial procedures, including plea bargaining and release procedures;

  • identify key features of the criminal trial process (e.g., burden of proof, admissibility of evidence, roles of the judge and courtroom personnel, selection and role of the jury);

  • outline legally acceptable defences to criminal conduct, and evaluate some of the more controversial defences (e.g., “battered spouse syndrome” defence; defence of diminished responsibility as a result of drunkenness);

  • evaluate the different types and purposes of sentences imposed in criminal law.

• Concepts of Justice:

  • explain the concepts and principles of justice as they apply to criminal law (e.g., rule of law, presumption of innocence);

  • analyse situations in Canadian law in which principles of justice conflict (e.g., victims’ rights versus the rights of the accused);

  • analyse cases in which the principles of justice have been violated (e.g., the cases of Donald Marshall, David Milgaard, Guy Paul Morin, Roméo Phillion).

Regulation and Dispute Resolution:

• Environmental Law

  • explain the role of governments and the courts in developing and enforcing laws relating to the environment;

  • evaluate the importance of the role of individuals or organizations in lobbying for laws to protect the environment;

  • evaluate the effectiveness of the major environmental statutes in Ontario and Canada (e.g., the Environmental Protection Act, the Environmental Assessment Act).

• Labour Law

  • explain the role of the federal and provincial governments in developing laws relating to labour and the workplace;

  • explain the intent of key components of federal and provincial labour legislation (e.g., Canada Labour Code, Ontario Labour Relations Act, Ontario Employment Standards Act);

  • analyse the major differences in employer/employee situations in nonunionized and unionized environments (e.g., with respect to the negotiation of contracts, severance, security);

  • explain why unions were formed;

  • assess the utility of the collective bargaining process;

  • analyse the impact of developments such as free trade, globalization, and changing technology on the future of collective bargaining and workplace regulation.

• International Law

  • explain the major concepts (e.g., extradition, customary law, diplomatic immunity) and principles (e.g., general principles, treaties and customs) of international law;

  • explain why the sovereignty of nation states is an overriding principle of international law;

  • identify global issues that may be governed by international law (e.g., human rights, jurisdictional disputes, refugees and asylum, collective security, trade agreements);

  • explain the role and jurisdiction of the agencies responsible for defining, regulating, and enforcing international laws (e.g., United Nations, World Health Organization, war crimes tribunals, International Monetary Fund, Interpol).

  • explain the impact of international trade agreements on sovereignty by examining selected trade agreements (e.g., General Agreement on Tariffs and Trade [GATT], World Trade Organization [WTO], North American Free Trade Agreement [NAFTA],Asia-Pacific Economic Cooperation [APEC]);

  • evaluate the effectiveness of international treaties for the protection of the environment (e.g. Kyoto Protocol, 2002; Johannesburg Summit; World Summit on Sustainable Development);

  • explain the purpose of international jurisdictional and boundary treaties (e.g., United Nations Convention on the Law of the Sea; Outer Space Treaty, 1967);

  • evaluate the effectiveness of international treaties for the protection of human rights (e.g., Universal Declaration of Human Rights, Convention on the Rights of the Child);

  • explain the role of the International Court of Justice in the Hague in resolving issues between nations.

  • explain how and why the use of force to resolve conflicts is limited in international law;

  • compare (e.g., with respect to the processes involved, relative effectiveness) methods of resolving conflicts by peaceful means (e.g., international diplomacy, sanctions, arbitration, mediation);

  • identify domestic laws, past and present, in various countries (e.g., Nuremberg Laws, laws on apartheid, U.S. Patriot Act) that conflict with the principles of international law and explain how they violate those principles;

  • describe the difficulties and evaluate the effectiveness of international intervention in conflicts between nations;

  • evaluate Canada’s role as a member of NATO, NORAD, and the United Nations, and its role in international peacekeeping.

Methods of Legal Inquiry and Communication:

• Research:

  • formulate questions that lead to a deeper understanding of a legal issue;

  • conduct research on legal topics, using traditional and non-traditional sources of information (e.g., law-related websites, primary and secondary source documents, legal professionals);

  • evaluate the credibility of sources and information by checking for logical errors, accuracy, and underlying assumptions, including prejudices, biases, stereotyping, or a lack of substantiation for statements, arguments, and opinions;

  • classify and clarify information using organizers, graphs, charts, and diagrams;

  • compile summary notes in a variety of forms and for a variety of purposes (e.g., research and preparation for debates, oral presentations, mock trials, tests, examinations);

  • identify various career opportunities in the legal field (e.g., paralegal, community legal worker, criminologist).

• Interpretation and Analysis:

  • distinguish among opinions, facts, and arguments in sources;

  • draw conclusions based on analysis of information gathered through research and awareness of diverse legal interpretations (e.g., case studies);

  • apply an analytical/inquiry method to legal issues (e.g., choose a subject, formulate a question, develop a research plan, gather information, distinguish between opinions and facts, decide on an interpretation, write and present their analysis).

• Communication:

  • express opinions, ideas, arguments, and conclusions, as appropriate for different audiences and purposes, using a variety of styles and forms (e.g., mock trials, case studies, interviews, debates, reports, papers, seminars), as well as visual supports (e.g., graphs, charts, organizers, illustrations);

  • use an accepted form of documentation (e.g., footnotes, endnotes, or author-date citations; bibliographies or reference lists) to document all information sources, including electronic sources;

  • use correct legal terminology to communicate legal concepts, opinions, and arguments.