Social Studies Law Studies Learning Guide - Armaan Khaira

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Kwantlen Polytechnic University *

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3345

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Law

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Jan 9, 2024

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Law Studies Unit Written By Armaan Khaira 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. Section 1 - Political and Legal Systems - Lesson A - Terms for this section Look for these terms as they are used in this section. Make sure that you understand them in the context in which they are used. • Parliamentary Democracy • Charter challenges • Inalienable • Amendment • Freedoms • Rights • Plea bargain • Notwithstanding Clause • Indian Status Lesson B - Introduction How is Canada’s government like Britain’s and how is it like that of the US? Since both nations have a constitutional monarchy, like the Queen, and a national government operated as a parliamentary democracy, the Canadian government is similar to the British government. The Canadian government is like that of the United States as the nation is split into 13 provinces and territories, each with its own administration and a position of authority.
Lesson C - The Constitution of Canada What are a few points about the Constitution of Canada which you think every Canadian should know? I think that every Canadian should know that the Constitution of Canada is not just a single document, but many different documents such as the Constitution Act of 1867, Constitution Act of 1982, and other lesser-known pieces of legislation. Furthermore, I want all Canadians to know that at one point in our country's history, we could not make changes to our laws without British permission. Prime Minister Pierre Elliott Trudeau did not like this and wanted to change this constitutional rule. He brought in the Constitution act replacing the British North America Act. This was a huge achievement in Canada’s autonomy and every Canadian should know this. I want every Canadian to know that no one can take your rights and freedoms away from you. If a law that takes them away is passed, a person can sue the government for the unconstitutional law. I also want all Canadians to know that some customs in parliament are not written down but are passed down from British and Canadian tradition. In summary, there are many different things that all Canadian should know about the Constitution of Canada Lesson D - Levels and Branches of Government Explain, in a few sentences, why Canada needs to have three levels of government and three branches of government. Given the size of Canada, what applies to one region may not necessarily apply to the entire country. For instance, it would be difficult for one entity to manage transportation across the entire country of Canada if one region had more snowfall than another. To be able to offer residents services of the highest quality, we therefore need smaller administrations, such as provincial and municipal ones. Lesson E - The Judiciary What are a few of the operating procedures of Canada’s courts that makes them as fair as possible? Firstly, If you think that a judge made the wrong decision you can go to an appeals court where there are multiple judges. Rulings of this court can be again appealed to a second appeals court. Finally, they can be then appealed to the Supreme Court of Canada if necessary. Another way the Canada courts are made fair is by a jury. With a jury, the final decision is not in one person, but the opinions of many different people. This makes the final decision as fair as possible Lesson F - First Peoples and the Canadian Constitution
How do the existence of aboriginal treaties and reserves legally impact Canada's indigenous population? The Indian Act is still in effect today, and aboriginal treaties are recognized by the Canadian Constitution as having the power of law. Any aboriginal individual who verifies their identity with their tribal authority and the Canadian government is designated as a "Status Indian" who is entitled to treaty benefits. Many of these advantages are only available to people who live on an aboriginal reserve. Section 2 - Canadian Law Lesson A - Terms for this section Look for these terms as they are used in this section. Make sure that you understand them in the context in which they are used. Rule of Law Postulate (n) Impartial Arbitrary Judicial Independence Appeal Conflict of Interest Precedence Disbar Adjudicate Lesson B - Introduction What are your thoughts on the statement that “we need laws to regulate society”? This statement, in my opinion, is completely accurate. Citizens are limited in what they can do by laws. For example, if people freely murdered or robbed others without facing consequences, there would be a lot of murders and robberies. I wouldn't want to live in a world like that. As a result, by implementing these regulations, we can ensure that negative thighs do not occur as often. If something goes wrong, the wrongdoer will be punished so that he or she does not repeat the mistake. These sanctions will also deter people from carrying out wrongdoing in the first place. To summarize, it is critical for rules to manage a society so that everyone can live in peace and happiness. Lesson C - The Rule of Law
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After reading the text and watching the video on this page, what is your understanding regarding the connection between the Rule of Law and an independent judiciary? Since courts should not be influenced by other departments of government, they constitute a separate branch of government known as the judicial branch. The power that comes from enacting laws is known as the rule of law. It is critical to have a separation between the rule of law and an independent judiciary in order to avoid an arbitrary administration. Court decisions are not influenced by government officials such as MPs or MLAs. To ensure that everyone receives a fair trial, the persons who write the law, interpret the law, and enforce the law must be separated. Lesson D - Basic Principles of Canadian Law Explain why, if you were accused of a crime you didn’t commit, that it would be so important to be given the benefit of the doubt regarding your innocence. If you are accused of a crime you did not commit, it is critical that you be given the benefit of the doubt. No one would recognize your innocence if everyone, including the judge, believed you were guilty. If you are presumed innocent, you will be given the opportunity to show your innocence, and the judge's mind will be open to your arguments. As a result, it's critical to look as innocent as possible unless there's proof to the contrary. Section 3 - The Law and You Lesson A - Terms for this section Look for these terms as you work through this section. They will appear on the section quiz. • rehabilitation • reintegration • probation • sanctions • offense • sentencing • neglect • statutory holiday • minimum daily pay
• overtime Lesson B - Youth Criminal Justice Act In what sense does the Youth Criminal Justice Act “protect the public”? The purpose of the Youth Criminal Justice Act is to protect the public by making youth responsible for their conduct. For example, if kids are not held accountable, the public will be less protected since they may commit criminal offenses without being prosecuted. This way of holding youth accountable ensures public safety while also acknowledging the child's lack of maturity and dependency. may face fewer penalties, and the consequences of a criminal offense are more likely to include community service or other forms of rehabilitation. Lesson C - What is family violence? Since the Criminal Code does not refer to specific “family violence offences,” why do you think that this course deals with family violence as a distinct topic? Although specific family violence offenses are not mentioned in the criminal code, I believe we are learning about them as a separate topic because they directly affect us. People who take Socials 11 are almost certainly members of a family, therefore it's critical to understand what familial violence is and how it might manifest. We will be better equipped to spot family violence and seek aid from authorities if we are aware of the various forms it can take. Lesson D - Workplace Rights Read through the list of employment standards on both pages in the course. Which points here surprise you the most and why? Although I was aware with the majority of the employment standards as I’ve been trying to find a job for around a year now, there were a few issues that shocked me. To begin with, I was startled to learn that a worker might take leave from work for a variety of reasons, including the birth of a kid, the loss of a child, or the necessity to serve as a jury in court. I'm startled because I never imagined that a person might take a leave of absence from work for reasons connected to their personal lives, such as the death of a loved one. Second, I was shocked to learn that an employee does not have the right to vacation in their first year of employment. Lesson E - Tenancy Agreements
What are some issues which could surface if you agreed to move into a shared accommodation situation without signing a tenancy agreement? You have rights that are not covered by the tenancy agreement if you are not a party to the tenancy agreement. You could be thrown out of the house at any time because you are not legally allowed to be there. Another issue is that without a tenancy agreement, the landlord can raise your rent to whatever they choose. In conclusion, you should avoid living on the street without a tenancy agreement since you may be exploited. Section 4 - Law Enforcement Lesson A - Terms for this section Look for these terms as you work through this section. They will appear on the section quiz. • Municipal • Jurisdiction • Detachment • Mounted • Illicit • Obstructing • Sobriety • Search warrant • Legal aid • Excessive force Lesson B - Levels of Policing What do see as the main differences between the roles of the RCMP and local forces in BC such as Vancouver Police? The main distinction between the RCMP and local police in British Columbia is that the RCMP is responsible for problems that are more essential and affect the entire country, such as border security. Unlike the RCMP, local police forces, such as the Vancouver Police, deal with more specific issues such as traffic safety violations, prosecutions, warrant execution, and municipal bylaw enforcement.
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Lesson C - RCMP As you see it, how did Canada end up with a police service that is unique in the world? After the necessity for a national police force to enforce the law in Canada's recently acquired western territories, the country established a police force. The RCMP was needed even more because many American whisky traders were operating among the Aboriginal peoples of western Canada. Furthermore, the RCMP's enormous effects were felt after they acted in the Klondike Gold Rush, which enhanced the chance of the RCMP functioning in Canada. After watching the video, do you feel that you would want to be an RCMP officer in BC? Explain. After watching the video, I realized that I could never want to work for the RCMP in British Columbia. Although the video makes me appreciate what the cops do for the community's protection, the long hours and never-ending emergency calls would be too much for me. Furthermore, I dread seeing others in suffering, thus I would never attend to an accident where people were injured. It's just not my cup of tea. Lesson D - Your Rights When Dealing with the Police Why is it important for law-abiding citizens to understand their rights when dealing with police? Give two or three examples from the readings to back up your points. When dealing with the police, it is critical for a law-abiding individual to recognize their rights. To begin with, there are numerous things that one does not have to do, and the RCMP cannot make them do so. For example, following an arrest, one is not required to answer inquiries from the RCMP, and the RCMP is not permitted to enter your home without your permission. Second, one should be aware of what is expected of them in police contacts. For example, you should be aware that if you refuse to provide your driver's license to the RCMP when asked, you may be charged with an offence. In conclusion, it is critical for a law-abiding citizen to understand their rights when dealing with the police, as well as how to react when confronted by the RCMP.