LAS101 - Criminal Law & The Charter of Rights & Freedoms

Outline info
Semester
School
Last revision date 2017-09-26 14:37:48.281
Last review date 2017-09-26 14:37:48.283


Subject Title
Criminal Law & The Charter of Rights & Freedoms

Subject Description
This course examines the origins and evolution of criminal (private) and civil law (public), as well as their similarities, differences, principles and purposes.   The modern day common law system will be introduced with an emphasis on various sources of law including statutes, regulations and jurisprudence.
 
Students will learn about the fundamental concept of precedent, and outline structural and procedural similarities and differences with a focus on proof and procedure.  Both the court and criminal systems will be explored and compared. Basic principles of civil law that are of primary interest to police foundation students will be introduced, including:  tort liability for civil wrongs, family and matrimonial law, landlord and tenant law, purchase and sale of real property, and the operation of the Small Claims Court.

Credit Status
One credit in the Investigative Sciences and Police Studies Certificate Program

Learning Outcomes
Upon successful completion of this subject the student will be able to:

1. Explain the origins and responsibilities in determining criminal law in Canada.

2. Explain the structure and format of the Criminal Code, and the uses and values of its various features.

3. Distinguish between such section functions as offences, punishment, definitions and procedures.

4. Print out the classification of offences and the related options available to the Crown and to an accused person.

5. Show the provisions, applicable throughout the Criminal Code, that define involvement in a crime; for example, being a party or accessory to an offence, counselling an offence, attempts and conspiracy.

6. Define the concept of criminal responsibility as it applies to intent or negligence, and to those who may be subject to a criminal charge.

7. Describe the classic defences to a criminal charge, and the constantly evolving precedent law in this regard.

8. Develop the methods and sources to research and apply criminal precedent law.

9. Explain the origins, concept, purposes and spectrum of the Charter of Rights and Freedoms.

10. Examine when the override powers of the state can be applied, and the measures and limits appropriate to a particular purpose under the Charter, as contained in sections one and thirty-three.

11. Specify the rights of an accused person as contained in sections two and seven through fifteen of the Charter.

12. Assess the information that must be provided to a person on arrest or detention in accordance with section ten of the Charter.

13. Justify the necessity to adhere to the proper procedures, with or without warrant, in respect to the search of a person, place or vehicle, as compelled by the precedent law that has evolved under section eight of the Charter.

14. Describe the range of remedies and decision available to a justice under section twenty-four where a breach of the Charter is alleged, and section thirty-three concerning the notwithstanding clause.

Cheating and Plagiarism
Each student should be aware of the College's policy regarding Cheating and Plagiarism. Seneca's Academic Policy will be strictly enforced.

To support academic honesty at Seneca College, all work submitted by students may be reviewed for authenticity and originality, utilizing software tools and third party services. Please visit the Academic Honesty site on http://library.senecacollege.ca for further information regarding cheating and plagiarism policies and procedures.

Discrimination/Harassment
All students and employees have the right to study and work in an environment that is free from discrimination and/or harassment. Language or activities that defeat this objective violate the College Policy on Discrimination/Harassment and shall not be tolerated. Information and assistance are available from the Student Conduct Office at student.conduct@senecacollege.ca.

Accommodation for Students with Disabilities
The College will provide reasonable accommodation to students with disabilities in order to promote academic success. If you require accommodation, contact the Counselling and Disabilities Services Office at ext. 22900 to initiate the process for documenting, assessing and implementing your individual accommodation needs.

Prerequisite(s)
None.

Topic Outline
1.    Introduction to the Criminal Code
2.    Latin Words and Phrases
3.    Intent (mens rea)
4.    Presumption of Intent
5.    Acts of Omission
6.    Party to Offence, Accessory, Counseling, Attempt, Conspiracy
7.    Agents Provocateur P.O.A.
8.    Classic Defenses
9.    Introduction to Charter of  Rights & Freedoms
10.  Fundamental Freedoms, Legal Rights, Administration of Justice, Clause, Notwithstanding Clause

Mode of Instruction
Online: 
All class work is completed in a fully online environment.  Students do not attend any classes on campus; however, the final exam must be written in-person at the Test Centre of the College at which you registered. . If you are unable to do so, please make alternative arrangements through the College at which you registered. 

Students interested in pursuing online studies must have strong time management skills and regular access to a home or office computer with an Internet connection and web access.

Teaching and Learning Methods:

The online delivery of this subject may involve the use of digital materials and/or a text, group discussion, interaction with your instructor, and online activities.


Prescribed Texts
Online:
Martin's Annual Criminal Code, 2018 Student Version, Greenspan, Edward L., Q.C., Rosenberg, The Honourable Justice Marc, Henein, Marie, LL.B., LL.M. ISBN: 9780779879571

Reference Material

  • Introduction to Criminal Law, Cross and Jones Toronto; Butterworths, 1986
  • Schmeiser's Cases and Comments on Criminal Law, Toronto; Butterworths, 1985
  • Canadian Criminal Cases, Aurora; Canada Law Book, Inc.
  • Criminal Reports, Toronto; Carswell.
  • Criminal Law, Mewett and Manning, Toronto; Butterworths, 1986.
  • Criminal Law in Canada, Verdun-Jones, s., Toronto; Harcourt, Braace, Jovanovich, 1989

Promotion Policy

Grading Policy
A+ 90%  to  100%
A 80%  to  89%
B+ 75%  to  79%
B 70%  to  74%
C+ 65%  to  69%
C 60%  to  64%
D+ 55%  to  59%
D 50%  to  54%
F 0%    to  49% (Not a Pass)
OR
EXC Excellent
SAT Satisfactory
UNSAT Unsatisfactory

For further information, see a copy of the Academic Policy, available online (http://www.senecacollege.ca/academic-policy) or at Seneca's Registrar's Offices.



Modes of Evaluation
Term Work and Final Examination Requirements:
To pass this subject, students must achieve the learning outcomes specified in this subject outline.  This achievement is determined through the completion of all subject components.  Students must pass both term work and final exam or final assignment (if the final assignment is in lieu of the final exam) in order to pass the subject (minimum passing grade 50%).

If you are unable to complete the Final Exam/Assignment in this subject, you must provide documentation to support the absence to the instructor within one week.  If necessary, this information will be presented at the promotion meeting for consideration in determining and recommending the final grade.

Assignments:
All assignments must be completed prior to the time of the final examination. Unless students have been granted an extension in advance, late assignments will be penalized accordingly. There is no provision for rewriting late assignments, regardless of the grade awarded.  Students must contact faculty in advance of the due date to discuss extensions.

All assignments must be correctly documented using MLA criteria – in-text citations for quotes and paraphrasing; MLA Works Cited page – and follow the criteria established by the instructor, unless otherwise noted.  For additional information, please refer to Seneca College MLA Style Guide http://seneca.libguides.com/mla

If an assignment is missed official documentation that might be grounds for arranging a make-up opportunity must be submitted to the faculty member on or before the next scheduled class.  Make-up opportunities do not apply to all graded assignments.

Test/Exams:
Test and Exam dates have been pre-arranged and are non-negotiable.  If a test/exam is missed, the student must provide official documentation to support the reason for the absence within one week to the instructor.  Make-up tests or exams will be granted for extenuating circumstances only and at the discretion of the faculty.

Grading Scheme LAS101:

Online:
Assignments 20%
Online tests (2) 40%
Participation 10%
Final exam 30%

For further information on evaluation and academic standing, please refer to the Seneca College Academic Policy  http://www.senecacollege.ca/academic-policy/acpol-08.html



Approved by: Sandra Noble