Law Studies Unit 4 Learning Guide - Armaan Khaira
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Unit 4 ~ Learning Guide - Law Studies
Written By Armaan Khaira
Rights, Family and Indigenous Law
INSTRUCTIONS: Complete the following notes and questions as you work through the related
lessons. You are required to have this package completed BEFORE you write your unit test. Do
your best and ask questions about anything that you don't understand BEFORE you write the
unit test.
4.1 – Family Law Lesson A
Terms for 4.1 Look for these terms as you encounter them in this section.
● Adoption Law - The generic area of legal theory, policy making, legal practice and legal
studies relating to law on adoption.
● Annulment - Is a court order to set a marriage aside by arguing the marriage was not legal in
the first place.
● Cohabitation - The state of living together and having a sexual relationship without being
married.
● A Divorce - Is the process that legally ends a marriage.
● Extended family - Family related by blood or marriage ties that is not a parent, sibling or
child. Indirect descendants.
● Family Law - Refers to those laws that try to prevent or resolve common disputes arising
from the nature and functions of families.
● Incest - Sexual relations between people classed as being too closely related to marry each
other.
● Mediation - (Negotiation) -
A process for resolving disputes together.
● Monogamy - Having one spouse.
● Nuclear Family - The basic family unit is a married mom and dad and their kids.
● Polygamy - Having many spouses (like ancient times (GREEKS)) The modern pattern of
having a series of spouses, one at a time and one after the other through divorce and
remarriage, is often described as serial polygamy.
● Separation - Occurs when a married couple decides not to live together anymore with the
intention of formally ending the marriage. Does not end a marriage(only divorce.)
● Visitation - A degree of access one parent note custody of a shared child is allowed to have
with that said child legally.
Lesson B – Families and Societies in Change
In Canada, it is legal to divorce a person, then marry another, yet it is illegal to be married to
more than one person at the same time. What are your thoughts on this legal distinction? In
your response, make reference to the information in this lesson.
I come from a religious and loyal family, believing myself a child of God. Though in religions and
other countries marrying more than one person is a part of a religion such as Islam. And legal in
other countries. When you can divorce someone and marry again it simply states you still have
one partner, marrying more than one person is different because you have two partners. In my
opinion, everyone should be allowed to exercise their freedom and practice of religion, even
when people don’t like it, but it is not for me and I may support it for others but not for myself.
Lesson C – Marriage Requirements
In Canada, a couple can choose to have either a religious service or civil service. How do you
see this distinction and why do you think that both options exist?
Distinctions:
● A religious service is an act of worship that includes faith traditions, rituals, and customs,
officiated by a religious leader. It has spiritual value to those participating.
● It is a secular service conducted in a courthouse or city hall by a civil marriage officiant.
● Couples can choose the type of ceremony that reflects their beliefs, values, and traditions.
● To obtain a marriage certificate, both religious and civil services require legal steps such as
getting a marriage licence. Achievements Of Distinctions:
● Promotes the principle of religious freedom and recognizes the diversity of religious and
cultural backgrounds in Canada.
● Allows for inclusivity and respects the diversity of religious and non-religious perspectives in
Canadian society.
● Allows couples to align their ceremony with their personal beliefs and preferences.
I believe both options exist to the controversy and accentuation on freedom in our current
culture
which blends a mix of people groups together. The approach to and attitudes towards morals
concerning relationships has become unclear/buried and covered by fallacious(illogical) politics.
Lesson D - Common Law/Cohabitation Agreements
Do you think that marriage results in more stable families or not? Explain.
Do I believe that the legal actions required for marriages to result in more stable families? No. If
anything it is counterproductive because it forces people into situations that in North America
have a 52% chance of ending in a divorce.
I do however believe that marriage in biblical application is more likely to result in more stable
marriages. Marriages that have a religious influence/context to them have greater meaning to
the parties involved and thus (typically) more is imputed toward maintaining them.
4.2 Introduction to Wills Lesson A
Terms for 4.2 Look for these terms as you encounter them in this section.
● Beneficiaries - Are the people who receive benefits from a trust or will.
● Bequests - Gifts under a will.
● Codicil - Is a document used to make minor changes or additions to an existing will, which is
signed, witnessed, and attached to the original will.
● Estate - Refers to the total assets, possessions, and debts left behind by a person after their
death.
● Executor - Is the person named in a will or appointed by the court to carry out the instructions
of the deceased person, manage the estate, and ensure its proper distribution to the
beneficiaries.
● Guardian - A person who has
custody of a child(under 18). Custody rights include the
authority to make decisions concerning the child(ren)'s protection, education, care,
discipline, etc
. And often has some influence over estates inherited by a child. Legal
guardianship is assigned by a court.
● Probate - Is the legal process that validates a will, settles the deceased person's estate, and
distributes assets to beneficiaries according to the terms of the will or applicable laws.
● Testator - Is the person who writes and executes a will, specifying how their assets should be
distributed after their death. A person makes the will.
● Trustee - Is an individual or entity appointed to manage and administer assets held in a trust
on behalf of the beneficiaries.
● Undue Influence - refers to
impairment, to any degree, of an individual's ability to safely
perform the activity in question as a result of the use of alcohol or drugs.
Lesson B – What is a will?
According to this section, what are some of the problems that can arise if someone dies without
having a will?
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Issues Arising From Someone Without A Will:
*Uncertainty & Confusion* - The cause of most issues relating to distribution of estate without
wills of a deceased.
- Disputes & Family Conflicts: The uneven/lack of clarity often ends in fights and trial cases in
which family members oppose each other in attempts to claim estate of a deceased relative. I
think this is present in the beginning of one of Charles Dickens books (O.T. ?)
- Delayed Distribution of Assets: The uncertainty of distribution of assets often needs
intervention of legal authorities and court appeals.
- Exclusion of Unrecognised Relationships: Those relationships which can not be legally proven
or present are not recognized in the court of law and thus unable to claim any estate.
- Lack of Guardian Provisions: Referring to the upbringing of children after the parents die. This
includes the complication of what estates are required to raise the said children. It also includes
education and the restriction of usage guardians of minors with estate have.
- Unintended Distribution of Property: The distribution of estate that the deceased did not intend
for.
Lesson C – Rules for making a valid will.
Read through the five basic rules of will-writing then write a few notes explaining why these
rules in particular are important. Also, see if you can come up with some rules that are not there
that you think might be important as well.
The Five Basic Rules:
1. The will must be typed or handwritten. (A handwritten will is also known as a holograph
will.) The will should also be dated, as it is the most recent one that will be enforced.
2. The testator (person writing the will) must be over 19 years of age, or married, or on active
duty in the Armed Forces or Merchant Marine.
3. The testator must be mentally competent at the time the will is written.
4. The testator must have been free of pressure or undue influence when the will was written.
5. The will must be signed by the testator and two witnesses. The witnesses must be at least
nineteen years of age, and in most provinces, cannot be beneficiaries of the will.
Ideas for New Rules - Additions
- There could be stricter laws considering the testimony of the witness and more accurate
assessment of mental security. Perhaps there could be a form of technological application as an
additional requirement.
Lesson D – The Law of Intestacy
After reading this lesson, come up with a scenario in which the law of intestacy would create an
unfair situation. Explain why you would find it unfair.
A scenario in which the law of intestacy would create an unfair situation may be when a person
dies without a will and had relations that were closer than their blood ties. For example, if
someone had a closer relationship with a sibling/friend rather than their parents, the law of
intestacy would distribute the estate to the parents instead of the friend/sibling. This may be
perceived as unfair because the law prioritises biological relationships over true personal
connections.
Note: Estates can have an emotional attachment along with the financial attachment.
Lesson E – Estate Settlement
In which circumstances do you think that the inheritance bequeathed to a minor should be
placed in a trust? Explain.
Circumstances where the inheritance bequeathed to a minor should be placed in a trust are:
- The minor has proven himself incapable of properly managing the inheritage bequeathed to
them.
- The minor is under a certain age where they are unable to properly manage the inheritage
bequeathed to them.
- The inheritor is mentally unable to manage the inheritance. I.e. special needs or medical
issues.
- Financial Complexity
4.3 The Canadian Constitution and Legislative Process Lesson A
Terms for 4.3 Look for these terms as you encounter them in this section.
● Constitution - A list of rules which govern the action of any organization.
● Amending Formula - Must be written into a constitution and meet the need of most people to
be considered valid.
● BNA Act - An Act for the Union of Canada, Nova Scotia, and New Brunswick, and the
Government thereof; and for Purposes connected therewith. Joining provinces to Canada
officially.
● Patriation - England to Canada. Transferring governmental control / power of one body to
another.
● Notwithstanding Clause - A cheat code used by parliaments to override certain legislatures in
the Charter of rights. Introduced by the former prime minister.
● Jurisdiction - Refers to
the extent or range of judicial, law-enforcement, or other
authority.
● Accord - A harmonious agreement. Positive / all inclusive.
● Senate - Is the upper house of the Parliament of Canada. Works with the House of Common
and The Crown.
● BC Human Rights Code -
A law to protect and promote human rights
.
● BC Human Rights Tribunal -
Responsible for dealing with human rights complaints made
under the BC Human Rights Code
.
● Charter of Rights and Freedoms -
Sets out those rights and freedoms that Canadians
believe are necessary in a free and democratic society
. Part of the Canadian Constitution.
● Ombudsperson -
An independent and impartial official who investigates complaints
from the public about unfair government administration
.
Lesson B – Introduction to the Canadian Constitution
Why is the Canadian Constitution made up of so many documents when other countries often
get by with just one?
History. The Canadian Constitution is composed of multiple documents due to the historical
context and the country's federal structure.
- Unlike other countries such as the USA, Canada’s constitution is made up of division of
powers between the federal and provincial governments, along with the inclusion of unwritten
constitutional conventions and judicial decisions.
- IMP Documents - The British North America Act, 1867, the Statute of Westminster, 1931, and
the Canada Act, 1982(Canadian Charter of Rights).
Lesson C – The Canadian Charter of Rights and Freedoms
What do you see as the distinction between a right and a freedom? Provide some evidence
from this lesson to support your response.
Definition of a Right:
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- Both can be considered entitlements of citizens and likely of basic human rights.
- A right/legally is a recognized claim that is protected by laws, constitutions, or international
agreements. Examples include the right to an attorney/silence when arrested. The right to
mobility in and out of Canada.
Definition of a Freedom:
- Both can be considered entitlements of citizens and likely of basic human rights.
- A freedom refers to the absence of constraints or limitations on one's actions/choices that is
protected by the law, constitutions and international agreements. Examples include freedom of
religion and speech.
Lesson D - Recent Events in Canada’s Constitutional History
Once you have understood the four challenges to Canada’s Constitution, rank them according
to their significance in the second column, assigning numbers 1, 2, 3 and 4. In the third column,
write the reasons for your ranking. Meech Lake Accord, Charlottetown Accord, Quebec
Referendum, Clarity Act.
Meech Lake Accord
2
(A constitutional amendment)
Due to it reducing the tension
between Quebecians’ and
other Canadians. Issues
recurring from previous acts
in a lesser manner.
Quebec Referendum
1
Due to dealing with Quebec’s
potential separation from
Canada. This posed a threat
of instability which historically
led to territorial wars. (&
culture preservation disputes)
Charlottetown Accord
3
Addressed border issues
including more Quebec
demands and requests of
aboriginal self-government
and Senate reform. Not as
important as it is considered
a rejected referendum.
Clarity Act
4
(A federal law) Formed as a
sort of preventive measure of
issues re-occuring in the
above for
adressments?/constitutional
amendments.
Lesson E – Making Laws
Why do you suppose that there are so many steps in making a new law? Be sure to refer to at
least some of the steps in your response.
There are many steps in making a new law because:
- To ensure that it is just and fair for all in which it is applicable. It must also be a reflection of
the said society's values/morals.
- To examine the potential loopholes the new law may bring up.
- To confirm that the implementation of the law is smooth and does not cause greater
disturbances (counterproductive). An example of a law resulting in poor acceptance is the
banning of Alcohol and Marewana into certain states.
Basic Steps Required For New Laws:
1.
Proposal: The idea addressing a particular hole in the legal system often under certain
precedents.
2.
Drafting: The formal process of creating a legal presentation and case for introducing the
proposal.
3.
Introduction: Proposal on a new law is presented in Canadian Court to Judges.
4.
Committee Review: Committee/Judges review the proposal and then vote on it with
majority
rule.
5.
Approval: Determined by majority rule. If vote is for then the court moved onto discussion
of
procedures for implementation. If denied the proposal can either be dropped or applied
to a
higher court (Under certain conditions).
6.
Implementation: The process of introducing a new law into a society and
re-establishment of
precedents for particular case instances.
Lesson F – BC Ombudsperson
Why do you think that it is significant that the Ombudsperson is appointed with the agreement of
all political parties and independent from the provincial government?
The significance of the appointment of an Ombudsperson with the agreement of all political
parties and independence from provincial government is demonstrated through said person’s
sphere of influence. For example:
- Influence on political positions/beliefs: Having the agreement of all positions reduces the
favoritism and deals under the table (unproven & proven bribery) had by the representative on
certain groups/parties/cultures.
- Influence by independence: Reduces the influence the Ombudperson may have in the political
realm by limitation of business relations between political and certain governmental parties.
- Influence on credibility: Approval by all parties ensures credibility in a similar way proper
citation and usage of references may support a thesis paper/argumentative presentation/
research essay.
- Influence on public confidence (positive crowd control) and legitimacy: Adding on to the
previous point, credibility creates a positive perspective that is more reassuring of capability and
wise decision making to the general public. Reduces new influence and other inspiration for
controversy or divide. (Negative example would be the division surrounding the election of USA
President Trump.)
4.4 Indigenous Law Lesson A
Terms for 4.4 Look for these terms as you encounter them in this section.
● Communal - Refers to a collective or shared ownership or rights held by a community rather
than individuals.
● Indian Act - A federal law in Canada that governs the legal status, rights, and governance of
First Nations peoples.
● Indigenous - Pertaining to the original inhabitants or native peoples of a particular region or
country.
● Indigenous Law - The body of laws, customs, and traditions specific to Indigenous peoples,
developed and practiced within their communities.
● Indigenous Rights - The inherent rights and entitlements of Indigenous peoples based on
their distinct cultural, historical, and land-based connections.
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● Inuit - Indigenous peoples residing primarily in the Arctic regions of Canada, Greenland, and
Alaska.
● Land Claims - Legal processes through which Indigenous peoples assert their rights and title
to ancestral lands, often seeking recognition, restitution, or negotiation of land rights.
● Métis - People of mixed Indigenous and European ancestry, particularly associated with
historic Métis communities in Canada.
● Status - The legal recognition of an individual's affiliation with a particular Indigenous
community, often granting rights and benefits under specific laws or policies.
● Sentencing Circles - Community-based justice practices in which a group of community
members participates in the decision-making process for sentencing offenders.
● Residential Schools - Government-sponsored institutions that forcibly separated Indigenous
children from their families and communities, aiming to assimilate them into Euro-Canadian
culture.
● Usufructuary - The legal right to use and enjoy the benefits of someone else's property or
resources without owning them outright.
Lesson B – An Introduction to Indigenous Law
How do some of the people in this video define law in a way that differs from what you have
learned thus far in this course? Provide at least three examples.
Examples Of Differing Definitions Of Law:
1.
Collaborative reason processes that indigenous peoples managed tough times.
2.
A form of grounding to our relationships.
3.
The set f stories that help us regulate ourselves and our relations with others.
4.
A tool to enable human dignity and manage internal power dynamics.
Lesson C – Indigenous Status
In what ways do “historical and legal differences of the past ... complicate the question” of the
definition of “the Indigenous peoples of Canada”?
The way in which the historical and legal differences of the past ... complicate the question” of
the definition of “the Indigenous peoples of Canada” are (but not limited to my list):
- Canada’s history of forced cultural assimilation via acts such as relocating native peoples and
banning of indigenous languages in educational facilities. This would impact:
- Authentic setting: The differing histories and encounters of Inborn people groups in Canada,
formed by colonization and distinctive territorial flow, make it challenging to set up a bound
together definition that captures their complexity and differing qualities.
- Legitimate complexities: Different arrangements, ascension, and court choices have driven
distinctive legitimate systems and definitions of Innate bunches, requiring cautious route of
these complexities to guarantee comprehensive and precise definitions.
- Advancing understandings: Society's advancing understanding of Innate characters and
rights, counting the acknowledgment of self-determination and the impacts of colonialism, must
be considered when characterizing Inborn people groups, requiring progressing exchange and
discussion with Innate communities.
- Inborn self-identification: Regarding Innate self-identification and self-determination is vital,
permitting Inborn people and communities to characterize their possess characters based on
their social, verifiable, and hereditary associations, requiring an comprehensive and adaptable
approach to characterizing Inborn people groups.
Lesson D – Remembering the Past
Why do you think that it was important for the Government of Canada to apologize for wrongs
done to First Nations? In this video, Prime Minister Stephen Harper asked for forgiveness from
Canada’s First Nations. Why do you think that he did this and what does it mean?
The Politically Correct Answer:
I believe that it is important for the Government of Canada to apologize for the wrongs done to
First Nations Nations as it acknowledged and recognized the historical injustices. Examples
include Cases of manhandle delivered on Innate people groups incorporating constrained
absorption and private schools. The expression of remorse appeared responsibility and swore
compromise.
My Answer:
I believe that Prime Minister Stephen Harper asked for the forgiveness of Canada’s First
Nations Primarily for the political advantages (such as symbolism) and recovery of personal and
national image.
The Politically Correct Answer:
The apology was done as a step towards healing the broken relationship between the Canadian
government and First Nations after Prime Minister Stephen Harper's apology and request for
forgiveness. The message of empathy, humility, desire to move forward with respect and
collaboration. The apology promised to tackle historical injustices and promote reconciliation
through socio-economic improvement, Indigenous rights, and government partnerships.
Lesson E – Rights of Indigenous People
Why do you think that land rights for Indigenous peoples remain “largely undefined” and why are
harvesting rights still “unclear”? Reference the text in this lesson in your response.
I think that the land rights for Indigenous people remain “largely undefined” because:
- The land rights for Indigenous peoples are still unclear because of historical and legal
complexities, such as colonisation and treaties. This makes it difficult to define and establish
clear ownership and control over land.
I think that the harvesting rights of rIndigenous people remain “unclear” because:
- Due to a lack of clarity and varying impact of circumstance which will greatly affect the
application of laws, court decisions, and evolving policies. These issues require more
discussions and collaboration to balance Indigenous rights and environmental concerns.
Lesson F – Legal Status of Indigenous Communities
What are “legally recognized customary practices” in your view? Why are they expected to
increase in the future?
Some “legally recognized customary practices” are:
- customary marriages
- Adoptions
- governance systems based on Indigenous traditions.
“Legally recognized customary practices” are expected to increase in the future of Canada
because:
- Due to a growing recognition of the importance of Indigenous legal traditions, the revelations
of dark history, the need to respect and preserve Indigenous cultures.
- The legal system is changing to encompass/promote more tradition and independence of
aboriginal people’s groups.
Lesson G – Indigenous Justice Systems
Why are justice systems so important to Indigenous self-determination in Canada? Give some
examples of the areas in which you think these systems would be necessary.
Justice systems are so important to Indigenous self-determination in Canada as they allow for:
- Certain rights such as autonomy and self-governance.
- Protects the culture, customs, traditions, and laws of each indigenous group.
- Allows for Indigenous communities to maintain cultural integrity, and ensure that
their unique needs and values are respected and upheld.
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- Provides a platform for resolving disputes, addressing crime, and upholding justice within
Indigenous communities.
Some examples of the systems’ benefits include:
- Land and resource management
- Child and family services
- Restorative justice practices
- Cultural preservation
- Community governance.