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R.V Oakes - 1986

  • Appeal from the court of appeal for Ontario

Ideas, Justice, Human Rights, Politics

  • Measure of freedom to their citizens

  • "Reverse Onus "

  • Trade and commerce
  • More art
  • Literature
  • Music as well as advances in the sciences and in technical innovation

Impact on Canadian government, laws and constitution

  • "Great Law"- Iroquois Confederacy
  • Government should work in favour of the people

Influences

  • Relates to Sec. 15 of the Charter of Rights and Freedoms
  • Was a critic of democracy
  • Plato - his teacher; influenced many of his beliefs about law and justice
  • Held it to be unconstitutional due to violation - Charter Rights of Freedom

Continue.......

  • Idea are still relevant in Canada today through shared monarchy with Britain
  • Monarchy - the form of government Aristotle believed was a close second to his preferred type, aristocracy

  • Section 8 of the Narcotic Control Act infringes the presumption of innocence in s. 11 (d) of the Charter
  • Natural Law Theory.
  • Morality and ethics.
  • Equality rights.
  • All men are equal before the law.
  • Aristotle was against theory of forms.
  • Universal Principals are based on equality, justice, fairness and morality.

Continue...

Hunter V. Southam.Inc

(1984)

  • Iroquois Confederacy- Six Nations

  • Oral Constitution

  • The Notwithstanding Clause

  • Comparison to America

Biography

  • Investigators searched the office of the Edmonton Journal, a division of Southam Inc.
  • Unreasonable Search and Seizure
  • Inconsistent with Act 8-Charter
  • Warrant was unreasonable
  • Combines Investigation Act

Theories

  • Born in 384 BCE in Greece
  • Enrolled in the Platonic Academy at 17 years old
  • Beliefs were influenced heavily by Plato, but he disagreed with Plato on some things
  • In 343 BCE, King Philip II requested Aristotle to tutor his son Alexander
  • Plato had a student
  • Peaceful/creative expression of innate talents and abilities was the purpose of human life

  • Certain freedoms- Later Developed
  • Iroquois nation

Biography Cont.

Aristotle and Rationalism

  • American Precolonial Roots of Democracy
  • After this, Aristotle would fund a school of his own (The Lyceum)
  • Aristotle ran this school until his flee from Athens in 323 BCE
  • He then died a year later in 322 BCE.
  • School remained open until fall of Athens
  • Three species of government.
  • Monarch
  • Aristocrat
  • Democratic

The School of Athens by Raphael, a painting centered around Aristotle and Plato talking, surrounded by onlookers.

384-322 BCE

  • Respondent was charged with unlawful possessions

Summary of Age

Aashi, Rhiannon, Taylor, Jaspreet

  • Many battles occurred between 400 and 300 BCE, including the Battle at Lectura in which Sparta was defeated
  • Rome was in development; first Roman road being built in 370 BCE when Aristotle was just 14 years old
  • Two major laws that were passed while Aristotle was alive include:
  • 1) 367 BCE: law passed enabling Roman plebeians (commoners, middle class) to become consuls
  • 2) 339 BCE: The legas Publicae (vote of the Roman people) decrees that one of Rome's two censors must be a plebeian.

Aristotle would have disagreed with both of these notions.

“The Iroquoian system, expressed through its constitution, “The Great Law of Peace,” rested on assumptions foreign to the monarchies of Europe: it regarded leaders as servants of the people, rather than their masters, and made provisions for the leaders’ impeachment for errant behavior. The Iroquois’ law and custom upheld freedom of expression in political and religious matters, and it forbade the unauthorized entry of homes. It provided for political participation by women and the relatively equitable distribution of wealth.” (Bruce Johansen, “Forgotten Founders“)

Ideas Manifested in Modern Law

  • Aristotle classified knowledge into three categories:
  • Theoretical knowledge- aims at contemplation
  • Practical knowledge- aims at creation
  • Productive knowledge- aims at action
  • He classified 6 kinds of social structure in three parts

  • Natural Law Theory: theories applied to politics, civil law, ethics, and religious morality.
  • Born with good morals
  • Practicing moral virtues
  • He was influenced by Socrates and Plato's theories on justice and truth.
  • Divided political justice into natural law and conventional law.
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