Movie Monday
Date: May 5, 2025
Title: Movie Monday- CSI- Inside the Box
DUE: Famous Canadian Crimes, Criminal Code Research, Textbook Qs ch 5+6
Talk Tuesday
Date: May 6, 2025
Title: Guest Speaker- Constable Monika Terragni
Textbook Questions: 1-5 on page 236
In your notebook: What are three things you learned today?
Talk/Write Wednesday
Date: May 7, 2025
Title: Talk/Write Wednesday- Property Crime
Textbook Questions: 1-5 on page 236, whole booklet should be done Friday
P233 R. v. Foidart, 2005 case, what does "colour of right" mean?
Edwin Foidart was hired by a Winnipeg church to repair their existing pipe organ as part of a major restoration project. In order to do this, Foidart located and purchased a used organ for the church. He planned to use the parts to restore the church’s pipe organ. The used organ parts were temporarily stored in a garage on Foidart’s property. However, difficulties arose, and the church had to cancel the restoration project. As a result, Foidart was asked to return all the organ parts in his possession. Over time, church members discovered that not all the organ parts had been returned. Some of the parts were found in pipe organs belonging to other churches. The accused was eventually charged with theft over $5000. In his defence, Foidart argued that he had a colour of right to the pieces from the collection. However, he chose not to testify at his trial to this effect. The trial judge found Foidart guilty of theft, Since the judge had not heard from Foidart as to reasonable belief of colour of belief, he could not consider this defence in his decision. Foidart appealed to the Manitoba Court of Appeal. The issue before the court was whether the lack of evidence from the accused himself as to his belief in the ownership of the organ parts was fatal to his case. In a 3-0 decision, the court agreed with the initial trial judge and dismissed Foidart’s appeal.
Discussion Questions:
How does the definition of theft apply in this case?
Explain how the definition of colour of right was applied in this case.
Why did the courts conclude that it was necessary for persons to take the stand in their own defence when arguing that they have colour of right?
Do you agree with the Manitoba Court of Appeal’s decision? Why or why not?
ARSON OR ACCIDENT?
Jack and his friend Marcus want to roast hot dogs in Jack’s backyard. They dig a fire pit and start a small fire to cook their food. After they eat the hot dogs, they decide that they want to roast marshmallows. Jack goes into the house to find the marshmallows. While Jack is gone, Marcus decides that they need some music so he walks around to the front of the house to get his CDs from the car. While the boys are not attending the fire, the flames grow bigger. A wind blows an ember onto the neighbour’s property and ignites a pile of towels lying on the neighbour’s deck. Unfortunately, nobody saw the fire start and the neighbours are not home. Within a few minutes, the fire in the neighbour’s yard has spread to their house. Soon after that, Jack and Marcus see the flames and call the fire department. The fire department is able to put out the fire, but the neighbour’s property has sustained damage of about $5000.
Discussion Questions:
1. Who is responsible for causing the fire?
2. Should the charge of arson be laid against Jack and/or Marcus?
Think Thursday
Date: May 8, 2025
Title: Firearms, Prostitution, Obscenity, Child Pornography
Textbook Questions: 1-5 on page 236 (from yesterday), and 1, 2, & 3 on page 240, 1 & 2 from page 244
Key Question: "How have Canadian attitudes toward _________________________ (firearms, sex trade, obscenity, child pornography) evolved over time, as shown through major laws, court cases, and turning points in history?"
Instructions: Read your cheat sheet. As a group, come up with a description of how the attitudes towards your assigned topic have changed over time in Canada. You must refer to historical turning points, legislation and key cases. You will be presenting the information to the rest of the class at the end of the block. You may create a timeline, bullet points, paragraph, powerpoint, prezi, canva etc. I will project it on the screen as you present.
*you will need to do additional research to get a strong idea of the changes that have taken place over time, do not rely soly on the cheat sheet.
1. Firearms
Definition: Firearms are weapons capable of firing a projectile using an explosive charge (e.g., handguns, rifles, shotguns). In Canada, firearms are categorized into non-restricted, restricted, and prohibited classes.
Historical Turning Points & Legislation:
1892: First Criminal Code includes regulations on carrying concealed weapons.
1934: First federal gun registry introduced.
1977 (Bill C-51): Firearm Acquisition Certificates introduced; restricted and prohibited categories defined.
1995 (Bill C-68): Creation of the Firearms Act; required registration of all firearms and licensing of all owners.
2012 (Bill C-19): Long-gun registry abolished under the Conservative government.
2020: Liberal government bans over 1,500 types of “assault-style” firearms by Order in Council after the Nova Scotia mass shooting.
Important Cases:
R. v. Hasselwander (1993): Clarified the meaning of a “prohibited weapon.”
R. v. Wiles (2005): Upheld the automatic prohibition of firearm possession for those convicted of drug trafficking.
2. Sex Trade (Prostitution)
Definition: The sex trade involves the exchange of sexual services for money or goods. While selling sex has not been illegal in Canada, the laws historically targeted related activities like communication, pimping, and brothel-keeping.
Historical Turning Points & Legislation:
Criminal Code (1892): Criminalized keeping a “bawdy-house” and living off the avails of prostitution.
2007–2013: Legal challenges led by sex workers questioned the constitutionality of Canada's prostitution laws.
2013 – Bedford v. Canada: Supreme Court struck down laws against brothels, living on avails, and street communication for violating sex workers' Charter rights.
2014 – Bill C-36 (Protection of Communities and Exploited Persons Act): Shifted legal focus to criminalize the purchase of sex rather than its sale, following the “Nordic model.”
Important Case:
Canada (Attorney General) v. Bedford (2013): Supreme Court ruled that criminalizing key aspects of sex work violated the right to security of the person (s. 7 of the Charter).
3. Obscenity
Definition: Obscenity refers to content that is sexually explicit and considered to violate standards of decency or morality. In Canada, the test is whether the material "unduly exploits sex" or combines sex with violence or degradation.
Historical Turning Points & Legislation:
Criminal Code (1892): Contained broad prohibitions against obscene materials.
1959–1960s: Crackdown on literature and gay publications (e.g., The Body Politic).
1992 – Butler Case: Supreme Court set a clearer legal standard for defining obscenity, balancing moral standards with freedom of expression.
Important Case:
R. v. Butler (1992): Defined obscenity as material that "unduly exploits sex" and ruled that material is obscene if it combines sex with violence or degradation, even if consensual. Introduced the “community standards” test.
4. Child Pornography
Definition: Any visual representation (photos, videos, drawings) or written material depicting sexual activity involving a minor (under 18). It also includes materials that advocate or counsel unlawful sexual activity involving minors.
Historical Turning Points & Legislation:
1993 – Bill C-128: Introduced specific child pornography offenses in the Criminal Code.
2002 – R. v. Sharpe: Debated the limits of freedom of expression vs. protecting children.
2011 – Protecting Children from Internet Predators Act (Bill C-30): Proposed enhanced surveillance (eventually withdrawn due to privacy concerns).
Ongoing: Law enforcement uses digital tracking and international cooperation to fight online child exploitation.
Important Case:
R. v. Sharpe (2001): Supreme Court upheld the child pornography law but allowed narrow exceptions (e.g., private writings not intended for distribution). Balanced s. 2(b) (freedom of expression) with s. 1 (reasonable limits).
Firearms
the Firearms Act along with non-restricted, restricted and prohibited weapons
Royal Canadian Mounted Police (RCMP): History of Firearms in Canada
An official overview of the evolution of firearm laws and classifications.
RCMP – History of Firearms
The Canadian Encyclopedia: Gun Control
A comprehensive article detailing the history and legislation of gun control in Canada.
Gun Control in Canada
Public Safety Canada: Chronology of Gun Control Measures
A timeline outlining significant gun control initiatives and legislative changes.
Chronology of Gun Control Measures
Firearms Act (1995)
The full text of the Firearms Act, detailing regulations and classifications.
Firearms Act
Prostitution
It is important to note: The Supreme Court of Canada struck down the country's anti-prostitution laws in a unanimous decision, and gave Parliament one year to come up with new legislation. In striking down laws prohibiting brothels, living on the avails of prostitution and communicating in public with clients, the top court ruled that the laws were over-broad and "grossly disproportionate." The government replaced the law with Bill C-36 (2014) which received Royal Assent and became law on December 6, 2014.
Purchasing sexual services and communicating in any place for that purpose is now a criminal offence for the first time in Canadian criminal law (a person convicted of this new offence may be sentenced to up to 5 years imprisonment if prosecuted on indictment, and 18 months if prosecuted by summary conviction). The new prostitution laws do not criminalize the sale of sexual services. the new law protects from criminal liability people who receive money from the sale of their own sexual services.
These laws are being challenged once again in the Supreme Court of Canada. To find out more check out more on the escort agency challenge here or the Canadian Alliance for Sex Work Law Reform challenge here and an October 2022 challenge in Ontario Superior Court here.
The Canadian Encyclopedia: Prostitution
An article exploring the history and legal aspects of prostitution in Canada.
Prostitution
Justice Canada: Bill C-36 FAQs
Frequently asked questions about the Protection of Communities and Exploited Persons Act.
Bill C-36 FAQs
Statistics Canada: Crimes Related to the Sex Trade
An analysis of sex trade-related crimes before and after legislative changes in 2014.
Crimes Related to the Sex Trade
Justice Canada: History with the Sex Trade and Reasons for Seeking Support
A study examining factors influencing involvement in the sex trade.
History with the Sex Trade
Obscenity
What is obscene? We'll look at the legal definition of "obscenity".
s. 163 (8) For the purposes of this Act, any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and any one or more of the following subjects, namely, crime, horror, cruelty and violence, shall be deemed to be obscene.
R.S., 1985, c. C-46, s. 163; 1993, c. 46, s. 1; 2018, c. 29, s. 11.
The Criminal Code section 163 subsection 3 (Defence of public good) states that No person shall be convicted of an offence under this section if the public good was served by the acts that are alleged to constitute the offence and if the acts alleged did not extend beyond what served the public good.
So what are the community standards of tolerance that determine a "public good"?
Immoral acts are distinguished from crimes on the basis of the social harm they cause. Acts that are believed to be extremely harmful to the general public are usually outlawed, whereas acts that only the harm the actor themselves are more likely to be tolerated. Acts that are illegal because they are viewed as a threat to morality are called public order crimes.
If there's time, for a different case of obscenity we'll look at "Sniffy the Rat" and artist Rick Gibson. To either giggle or be horrified check out the CBC story here. Is it Really Art or is it Obscene? Philosophy Talk "Art and Obscenity"
The Canadian Encyclopedia: Obscenity
An overview of the evolution of obscenity laws in Canada.
Obscenity
Canadian Bar Review: Canadian Obscenity Law 20 Years After R v. Butler
A scholarly article analyzing the impact of the R v. Butler decision.
Canadian Obscenity Law
CanLII: Obscene Literature and the Legal Process in Canada
A historical perspective on legal processes concerning obscene literature.
Obscene Literature
EBSCO Research Starters: Butler v. The Queen
A summary of the landmark Supreme Court case addressing obscenity laws.
Butler v. The Queen
Child Pornography
Making child pornography 163.1(2) Distribution, etc. of child pornography 163.1(3) Possession of child pornography 163.1(4) or Accessing child pornography 163.1(4.1)
Wikipedia: Child Pornography Laws in Canada
An overview of the legal framework governing child pornography.
Child Pornography Laws
Criminal Law Notebook: History of Child Pornography Offences
A detailed history of legislative changes related to child pornography offences.
History of Child Pornography Offences
Justice Canada: Building Knowledge Issue #5 – Child Pornography and Internet Use
An examination of the intersection between child pornography and internet usage.
Child Pornography and Internet Use
Cybertip.ca: About Cybertip.ca's History
Information about Canada's tipline for reporting online child sexual exploitation.
Cybertip.ca History
Finish-up Friday
Date: May 9, 2025
Title: Controlled Drugs and Substances
Textbook Questions: booklet due today
REMEMBER: flex Wednesday is next week, if you are not passing the course you are required to attend, and contact will be made with your adults.
Debate: Punishments for impaired driving should be more strict?
In British Columbia (BC), impaired driving laws are strict and enforced under both provincial and federal legislation. Here are the basics:
🚨 What Counts as Impaired Driving?
Impaired driving means operating a vehicle while affected by:
Alcohol
Drugs (including cannabis or prescription medication)
A combination of both
🍺 Alcohol Limits in BC
Novice (N) or Learner (L) drivers: Zero tolerance (must have 0.00% BAC)
Fully licensed drivers:
o Warning range: 0.05% to 0.079% Blood Alcohol Content (BAC)
o Criminal level: 0.08% BAC and over
🚓 Penalties (Provincial Roadside Sanctions)
Warn Range (0.05%–0.079%):
a. First time: 3-day driving ban + $200 fine + towing/storage fees
b. Repeat: Longer bans (up to 30 days), higher fines, and possible mandatory rehab programs
Fail (0.08% and over) or refusing a breathalyzer:
a. 90-day Immediate Roadside Prohibition (IRP)
b. Vehicle impounded for 30 days
c. Fines, license reinstatement fees, mandatory "Responsible Driver Program" and ignition interlock
🍃 Cannabis & Drug Impairment
Illegal to drive with 2 nanograms (ng) or more of THC per millilitre of blood.
Over 5 ng (or combined with alcohol) is a criminal offense.
Police may conduct Standardized Field Sobriety Tests, oral fluid tests, or demand a Drug Recognition Expert evaluation.
⚖️ Criminal Code Charges (Federal)
Driving over 0.08 BAC or impaired by drugs/alcohol
Refusing a valid breath/blood test
Penalties: Criminal record, driving bans, jail time, fines, and more
🔒 Jail Time
· First Offence: Jail unlikely unless aggravating factors | Min. $1,000 fine | 1+ year driving prohibition
· Second Offence: Min. 30 days jail | Longer driving ban | Higher fines | Mandatory rehab
· Third+ Offence: Min. 120 days jail | Long bans | Rehab required | Higher penalties
· Aggravating Factors: Causing harm/death | Very high BAC | Refusing breath/blood test | Repeat offences
· Serious Cases: Bodily harm = up to 14 years prison | Death = life imprisonment
📌 Other Notes
Police can demand a roadside breath sample without suspicion (since 2018)
BC's Administrative Sanctions are separate from Criminal Code penalties — you can face both
Even if your BAC is under 0.08, you can be charged if your ability to drive is impaired
Today we'll look at the Controlled Drug and Substances Act in Canada. We'll examine the legal definition of a "drug" (with the LeDain Commission explanation) and discuss what depressants, stimulants, and hallucinogens are. Drugs can be categorized by the way in which they affect our bodies The Drug Wheel classifies drugs as part of seven general categories: Stimulants, Depressants, Cannabinoids, Psychedelics, Opioids, Dissociatives and Empathogens.
Depressants slow down the messages between the brain and the body — they don’t necessarily make you feel depressed. The slower messages affect your concentration and coordination and your ability to respond to what’s happening around you. Small doses of depressants can make you feel relaxed, calm and less inhibited. Larger doses can cause sleepiness, vomiting and nausea, unconsciousness and even death.
Stimulants speed up the messages between the brain and the body. This can cause your heart to beat faster, your blood pressure to go up, your body temperature to go up – leading to heat exhaustion or even heat stroke, a reduced appetite, agitation and sleeplessness. You can feel more awake, alert, confident or energetic. Larger doses can cause anxiety, panic, seizures, stomach cramps and paranoia.
Hallucinogens (Dissociatives & Psychedelics) change your sense of reality – you can have hallucinations. Your senses are distorted and the way you see, hear, taste, smell or feel things is different. For example, you may see or hear things that are not really there, or you may have unusual thoughts or feelings. Small doses can cause a feeling of floating, numbness, confusion, disorientation, or dizziness. Larger doses may cause hallucinations, memory loss, distress, anxiety, increased heart rate, paranoia, panic and aggression.
A drug may be legal to consume, illegal to consume, or legal to consume only for specific people in specific circumstances. Examples of drugs that are usually or always legal to consume include alcohol (depressant), caffeine, and nicotine (both stimulants). Examples of drugs that are usually or always illegal to consume include cocaine, crack cocaine, heroin, and methamphetamine. These latter drugs are listed in the Controlled Drug and Substances Act.
We'll examine schedules I - VIII in the act that prohibit and restrict substances (Opium Poppy, Coca, Amphetamines, Barbiturates, Anabolic Steroids, and a host of others that I can not spell or pronounce). You'll have seven questions to complete:
What is the legal definition of a drug?
What are the elements of a charge for possession?
Describe two situations in which someone may be charged with possession while not physically possessing the drug.
What is "Intent to Possess"? Is intent necessary for a charge of possession?
How does the Controlled Drugs and Substances Act define trafficking?
What two points must the Crown prove to obtain a conviction for trafficking?
Who has the onus in a trial to prove that an accused person possessed a controlled drug for the purpose of trafficking? What evidence can prove this?
NOTE: British Columbia was granted an exemption from the Controlled Drugs and Substances Act (CDSA) by federal government in November 2022 which will run until 2026. Under the exemption, up to 2.5 grams of the following four drug types can be legally possessed:
Cocaine (crack and powder).
Methamphetamine.
MDMA.
Opioids (including heroin, fentanyl and morphine).
In BC, illicit drug toxicity death is the second-highest cause of years of potential life lost (only cancer was higher), and the highest cause in the 19-39 year age group. The impacts of decriminalization are monitored by the Province of BC and through a federally funded evaluation. So, to that end effective immediately, it's illegal to consume hard drugs in public in B.C. Police will enforce the law against drug use in all public places, including hospitals, restaurants, transit, parks and beaches with the ability to compel the person to leave the area, seize the drugs when necessary or arrest the person, if required. This change does not recriminalize drug possession in a private residence or place where someone is legally sheltering, or at overdose prevention sites and drug checking locations.
Federal government grants B.C.'s request to recriminalize hard drugs in public spaces
The current government of Canada passed legislation to make cannabis legalization a reality in Canada on October 17, 2018. The revocation of Schedule II in the Controlled Drug and Substances Act [Repealed, 2018, c. 16, s. 204] includes:
A minimum age of 18 to buy marijuana, though provinces and territories will have the option of setting a higher age limit.
Allowing Canadians to grow four marijuana plants per household.
Licensing of producers, as well as ensuring the safety and security of the marijuana supply, will be a federal concern.
Provinces and territories will set the price for marijuana and decide how it is distributed and sold.
British Columbia’s minimum age to possess, purchase and consume cannabis is 19 years old, consistent with B.C.’s minimum age for alcohol and tobacco and with the age of majority in B.C. British Columbians of legal age can purchase non-medical cannabis through privately run retail stores or government-operated retail stores and online sales. In urban areas, licensed retailers will not be able to sell cannabis in the same stores as liquor or tobacco. Adults aged 19 and above, will be allowed to possess up to 30 grams of non-medical cannabis in a public place, which aligns with the federal government's proposed possession limit for adults. B.C. will generally allow adults to use non-medical cannabis in public spaces where tobacco smoking and vaping are permitted (except for areas frequented by children, including community beaches, parks and playgrounds).
From the Canadian Drug Policy Coalition Critical Terminology Guide
We'll find out what the Criminal Code says a "vehicle" is and what a public space is in relation to impaired driving, including the very important legal concept of "care or control". In BC there is:
A 90-day Administrative Driving Prohibition (ADP) for any driver whom police reasonably believe operated a motor vehicle while affected by a drug or by a combination of a drug and alcohol, based on analysis of a bodily substance or an evaluation by a specially trained police drug recognition expert (DRE); and,
New drivers in the Graduated Licensing Program (GLP) will be subject to a zero-tolerance restriction for the presence of THC (the psycho active ingredient in cannabis)
Currently, it is a Criminal Code offence to drive with a blood alcohol concentration of over 0.08 (80 mg alcohol per 100 ml of blood). The impaired driving provisions of the Criminal Code of Canada apply to all “conveyances,” a term that is defined to include not only motor vehicles but also vessels, aircraft and railway equipment. The term “motor vehicle” is also broadly defined and, with the exception of railway equipment, includes any motorized vehicles, such as ATVs, golf carts, lawn tractors, e-bikes, motor scooters, and snowmobiles.
Every province, except Quebec, has introduced supplementary laws that allow police to impound vehicles, suspend licences and apply other administrative sanctions against drivers whose blood alcohol levels don’t quite reach the criminal threshold, but fall in the “warning” range of 0.05 to 0.08. In BC, under the 2010 amended BC Motor Vehicle Act, blowing over the blood alcohol level of .05 leads to an immediate—at the roadside—3-day loss of your driver’s licence, a $200 administrative penalty, a $250 licence reinstatement fee and, for repeat offenders, escalating consequences.
There are two prohibited levels for THC, the primary psychoactive component of cannabis: it is a less serious offence to have between 2 nanograms (ng) and 5 ng of THC per ml of blood. It is a more serious offence to have 5 ng of THC or more per ml of blood. If it is your first offence, there is a mandatory minimum $1000 fine and maximum 10 years imprisonment.
Despite years of public messaging about the dangers of drinking and driving, Canada ranks No. 1 among 19 wealthy countries for percentage of roadway deaths linked to alcohol impairment.
The Criminal Code impaired driving offences are as follows:
320.14 (1) Everyone commits an offence who
(a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;
(b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 ml of blood;
(c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or
(d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drugs that are prescribed by regulation for instances where alcohol and that drug are combined.
320.15 (1) Everyone commits an offence who, knowing that a demand has been made, fails or refuses to comply, without reasonable excuse, with a demand made under section 320.27 or 320.28 (sections on screening for alcohol or drugs).
Each of these sections is followed by subsections (2) and (3), which create the aggravated offences that involve bodily harm (2) or death (3). Subsection (4) of section 320.14 also creates the offence of “Operation – low blood drug concentration:”
(4) Subject to subsection (6), everyone commits an offence who has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation but is less than the concentration prescribed for the purposes of paragraph (1)(c).
We'll look at Fines and points for B.C. traffic offences as well as the Driver Penalty Point premium in BC.
Drug Impaired Driving Canada
Impaired Driving Laws
Drug Recognition Expert Evaluations
Impaired driving investigations
NHTSA (National Highway Traffic Safety Administration in the USA) Drunk Driving