Grade 12 - LEGAL STUDIES

Constitution

Describe, with reference to both federal and provincial governments, the division of powers between the three branches of government in Canada that are relevant to law (e.g., executive branch: power to initiate legislation and make judicial appointments; legislative branch: power to initiate, amend, and pass laws; judicial branch: power to interpret, enforce, and strike down or alter legislation), and explain how the division has affected the creation, implementation, and enforcement of law in Canada over time. Sample questions: “If you wanted to have a new law enacted in an area of provincial jurisdiction, what elected or appointed official in which branch of government would you contact first?” “If a court finds that a law violates the Canadian Charter of Rights and Freedoms, what options are available to address the Charter breach?”

Charter of Rights and Freedoms

Explain various provisions in Canadian law (e.g., Charter guarantees of rights [including equality rights, language rights, and minority language education rights]; Charter limitations clause [section 1] and notwithstanding clause [section 33]; constitutional protection of Aboriginal rights [Charter section 25, and Constitution Act section 35]) that may be used to accommodate the interests and needs of diverse groups (e.g., First Nations, Métis, and Inuit groups; women; racialized groups; new Canadians and refugees; vulnerable groups such as people with physical or intellectual disabilities, children, and the elderly; corporations and businesses; environmental groups; migrant workers; various ethnic groups). Sample questions: “How might various groups use laws to protect their interests and address their needs?” “How do people use the law to protect animals or plants?” “Why is section 1 of the Charter referred to as the ‘reasonable limits clause’? How is the Oakes Test applied to determine if an infringement on rights under this section is reasonably justified?”

Explain the legal significance and scope of the rights and guarantees in the Canadian Charter of Rights and Freedoms (e.g., the importance of constitutional entrenchment, the implications of the limitations clause [section 1]).

Explain the legal concept of competing rights, with reference to specific conflicts between different Charter rights and between human rights legislation and other legislation (e.g., laws against hate speech versus Charter guarantees of freedom of expression; anti-terrorist legislation versus inadmissibility of evidence obtained under torture; rights of an accused person to cross-examine witnesses versus rights of alleged victims of sexual assault to maintain privacy). Sample questions: “In what kinds of cases might a person’s privacy rights be legally set aside under the provisions of the Criminal Code?” “What constitutes a reasonable limitation of free speech in a democracy?” “What is the legal significance of Saskatchewan (Human Rights Commission) v. Whatcott, 2013, and Delgamuukw v. British Columbia, 1997?” “What are the conflicting rights in R. v. Keegstra, 1990?” “What are the limits on police interrogation?”

Collective rights

Explain how shifting societal attitudes, values, and customs have influenced the development of Canadian law (e.g., laws relating to: the definition of marriage and family, voting rights, environmental conservation and stewardship, race, gender, sexual orientation, ethnicity, language, disability, treaty rights and land claims). Sample questions: “What societal changes led to the recognition of same-sex marriage? What arguments related to the issue were made by individuals, governments, opposition parties, and interest groups?”

Analyse situations in which legal judgements balance the competing rights and interests of individuals, groups, and governments (e.g., Sharia law versus Canadian law; environmental protection interests versus resource-extraction interests; need for police surveillance and investigation versus privacy rights; rights of assembly and free speech versus need for public order; right to strike versus need for essential services; Aboriginal treaty rights versus provincial hunting and fishing regulations). Sample questions: “Why are security certificates controversial?” “What are the current requirements for allowing a police search of your personal technology devices?”

Explain the legal implications of issues affecting specific demographic groups (e.g., First Nations, Métis, and Inuit groups: access to safe drinking water, land claims; racialized groups: racial profiling in law enforcement; migrant workers: workplace safety and employment standards, access to legal aid; people with physical disabilities: need for physically accessible public buildings and other services; refugee claimants: access to legal identification, access to legal aid; English or French language learners: access to translators/interpreters when using legal services). Sample questions: “Why is it important for people whose first language is neither English nor French to be provided with a translator or interpreter during judicial proceedings or a police investigation? What legal issues might arise as a result of the absence of a translator or interpreter?”