Page 463 - THE ONTARIO CURRICULUM, GRADES 11 AND 12 | Canadian and World Studies

E3. Criminal Justice System
FOCUS ON: Legal Perspective
By the end of this course, students will:
E3.1 assess from a legal perspective how well the rights of various parties are protected in the Canadian criminal justice system (e.g., victims’ rights; the rights of the accused; the rights of the convicted [rates of incarceration among minority groups]; prisoners’ rights [effects of mandatory minimum sentences]; women’s rights [findings of the Missing Women Commission of Inquiry])
Sample question: “How do rates of incarceration compare for various groups of people?”
E3.2 identify the purposes of sentencing (e.g., deterrence, retribution, rehabilitation, protection of society) and assess the effectiveness of the Canadian prison system in achieving those purposes (e.g., with reference to availability of rehabilitation programs, eligibility for parole)
E3.3 identify some contemporary and emerging challenges that people face in dealing with law enforcement, including those that police face in carrying out their responsibilities (e.g., language barriers, the growth of white collar and cybercrime, questions related to cultural bias, questions related to the appropriate use of force) and evaluate their ability to respond to these challenges
E3.4 analyse how the media (e.g., social media, news, films, television) influence society’s perceptions and expectations related to the criminal justice system and legal procedures and trends (e.g., with respect to crime rates, right to a fair trial, rehabilitation programs, sentencing trends, response to protests [Kanesatake, the Occupy movement, the G20 summit], prevention of white collar crime, racial profiling)
Sample questions: “What are some examples of current media coverage of issues in Canadian criminal law? In your view, how accurate and/ or appropriate is this media coverage?” “How does media coverage of legal issues influence our ideas about justice?” “How might the depiction of technology as a crime-fighting tool in movies and television dramas influence the public’s expectations regarding real-life criminal investi- gations?” “Why is it important for news media to refer to ‘the accused’ or ‘the alleged offence’ in their reporting of crime stories?”
E4. Development of Criminal Law
FOCUS ON: Legal Significance; Continuity and Change
By the end of this course, students will:
E4.1 identifydefencesthat,overtime,havebecome legally accepted under Canadian criminal law (e.g., automatism, battered spouse syndrome, self- defence, duress, insanity) and explain the factors influencing their acceptance
Sample question: “What are some advances in science that have influenced decisions related to legally acceptable defences in Canada?”
E4.2 assess, from a legal perspective, how various individuals, groups, and cases have influenced the development of Canadian criminal law (e.g., Robert Latimer, advocates for people with disabilities, Assembly of First Nations, Canadian Association of Chiefs of Police, political parties, R. v. Lavallee, 1990)
E4.3 assess the significance of cases in which legal rights guaranteed under the Canadian Charter of Rights and Freedoms have been invoked in an effort to change the provisions of the Criminal Code of Canada (e.g., cases related to Aboriginal rights [R. v. Marshall, 1999]; infringement of rights during arrest and detainment [R. v. Clayton, 2007; presumption of innocence [R. v. Oakes, 1986]; security of the person [R. v. Morgentaler, 1988]; security of the person/protection against cruel
and unusual punishment [Rodriguez v. British Columbia (Attorney General), 1993])
CRIMINAL LAW
461
Understanding Canadian Law
CLU3M