Page 477 - THE ONTARIO CURRICULUM, GRADES 11 AND 12 | Canadian and World Studies

E2.4 describe the legal reasons for granting an appeal in criminal cases (e.g., mistake of fact, mistake of law) and the available avenues for an appeal
E2.5 describe various sentencing options for young people who contravene the law (e.g., reprimand, fine, absolute or conditional discharge, restitution, compensatory community service, probation, attendance at a program, custody and supervision, imposition of an adult sentence,
the use of a sentencing circle, sentencing options related to restorative justice) and the key factors that influence which option is chosen
E2.6 analyse how media coverage and portrayals of crime and of legal processes and procedures (e.g., in print and electronic news media, social media, television shows, films) influence public perceptions of, assumptions about, and responses to crime/criminals and/or the criminal justice system (e.g., television“police procedural”series give a misleading impression of the time needed for real-life investigations; many popular television programs depict laws and procedures from other countries that do not apply in Canada; crime reporting raises public awareness that may help but also may hamper police investigations; media saturation coverage of high-profile cases may compromise the objectivity of prospective jurors; “tough on crime”positions in the news may influence the public’s response to sentencing)
Sample questions: “In what way is the legal principle of ‘innocent until proven guilty’ compromised when a case receives a great deal of media attention, and the accused person is ‘tried by the media’?” “What are some examples of the racial and gender stereotypes that are perpetuated in many crime shows and films? What effect does this media portrayal have
on dominant societal views of who is likely
to commit crimes?”
E3. Development of Criminal Law
FOCUS ON: Continuity and Change; Legal Perspective
By the end of this course, students will:
E3.1 identifydefencesthat,overtime,havebecome legally accepted in the Canadian criminal justice system (e.g., automatism, battered spouse syndrome, premenstrual stress syndrome, duress, insanity)
E3.2 analyse key cases in which legal rights guaranteed under the Canadian Charter of Rights and Freedoms have been invoked to influence the application of the criminal law
in Canada (e.g., with reference to unreasonable search and seizure [R. v. A.M., 2008, or R. v. Kang Brown, 2008]; infringement of rights during arrest and detainment [R. v. Clayton, 2007, or United States of America v. Khadr, 2011]; right to legal counsel [R. v. Sinclair, 2010]; presumption of innocence [R. v. Oakes, 1986]; constitutionality
of prostitution laws [Canada (Attorney General) v. Bedford, 2013])
CRIMINAL LAW
475
Understanding Canadian Law
in Everyday Life
CLU3E