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Transcript

CCT206 - Tutorial One

Email: chelsea.l.h.r@gmail.com

Office Hours: 1pm-2pm(3015) CCT

Assignments

Individual Written Assignment One Feb 6 20%

Individual Written Assignment Two Mar 19 35%

Final Exam TBA 45%

Welcome

Assignment One

Assignment

One

  • Locate the TERMS OF SERVICE AGREEMENT on an app or internet service you use in everyday life.
  • With particular attention to any statements concerning governing law and jurisdiction, describe in detail and cite what legal entity you are subject toward in the agreement or contract.

  • Explain why you agree or disagree with the provisions of the agreement. Note - this is not an explanation of why you agreed to use the services. In other words, the question reframed is, do you agree with the aspects of the agreement that pertain to to governing law and jurisdiction and why or why not? Your response should be thoughtful and supported with reference to related documents.
  • Upon reflection, what further questions are you left with?

Plaintiffs sue defendants in civil suits in trial courts.

The government (state or federal) prosecutes defendants in criminal cases in trial courts.

The losing party in a criminal prosecution or a civil action may ask a higher (appellate) court to review the case on the ground that the trial court judge made a mistake.

In Depth

Terminology

Sources for Terminology

Sources

● The Oxford companion to American law online

● Sage Encyclopedia of law & society

● Canadian Law Dictionary● Irwin Law’s Canadian Online Legal Dictionary

● A dictionary of Law (Oxford 8th edition)

● U of T Law Library source list

Section 2b

Everyone has the following fundamental freedoms:

  • freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.

Terms

Freedom of Expression

Canadian Constitution

  • Negative rights
  • Section 7 is the 'right to life, liberty, and security of the person'.
  • A very important feature is section 1.
  • says that the following rights guaranteed by the Charter of Rights and Freedoms will not be infringed upon unless such infringements can be justified in a free and democratic society.
  • Oakes Test
  • Two Constitution Acts:
  • 1867
  • Charter of Rights and Freedoms

Canadian Constitution

R v. Keegstra

R v. Keegstra

Hate Speech Case

REVIEW OF

  • Hate speech case
  • Uses Oakes test
  • Question posed was if the limitation on freedom of expression could be upheld under Section 1 of the Charter as reasonable by law and justified in a free and democratic society.
  • The Supreme Court of Canada upheld the constitutionality of Section 319(2)

R. v. Keegstra

Case Two

City of Toronto et al. v Ontario (Attorney General)

Details

  • Whether or not the Ontario government could interfere and change Toronto's election map so close to the date of the election.
  • Section 3 - Democratic Rights:
  • Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.
  • Notwithstanding Clause

Details

Canada v U.S. on Freedom of Expression/ Speech

Canada vs. US

  • Seditious Libel
  • Seditious libel, which punishes those who lie about or criticize the gov­ern­ment, “is a quintessentially political crime; its purpose is to protect the special veneration . . . due to those who rule.”
  • Prior Restraints
  • Censorship before publication.

Canada or the U.S?

Group Activity

  • Do you like Canada's approach to Freedom of Expression better of America's approach to Freedom of speech?

  • Pick a side and write arguments about why they support it and one why they're against it. (3 why it's better 1 why it's weak).
  • Think through all sides of the issue and making arguments regardless if that's their actual position or not.
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