Grade 12 Canadian Law - Manitoba Education

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Grade 12Canadian LawManitoba CurriculumFramework

Gr ade 12Canadian L awManitoba CurriculumFramework2016Manitoba Education and Training

Manitoba Education and Training Cataloguing in Publication DataGrade 12 Canadian law : Manitoba curriculum frameworkISBN: 978-0-7711-7497-1 (pdf)1. Law—Canada—Curricula.2. Law—Canada – Study and teaching (Secondary).3. Law—Canada – Study and teaching (Secondary)—Manitoba.4. Law—Canada – History – Study and teaching (Secondary) – Manitoba.I. Manitoba. Manitoba Education and Training.340.0971Copyright 2016, the Government of Manitoba, represented by the Minister ofEducation and Training.Manitoba Education and TrainingSchool Programs DivisionWinnipeg, Manitoba, CanadaEvery effort has been made to acknowledge original sources and to complywith copyright law. If cases are identified where this has not been done, pleasenotify Manitoba Education and Training. Errors or omissions will be correctedin a future edition.Any websites referenced in this resource are subject to change. Educatorsare advised to preview and evaluate websites and online resources beforerecommending them for student use.This resource is available on the Manitoba Education and Trainingwebsite at nible en français.Available in alternate formats upon request.

ContentsAcknowledgementsGrade 12 Canadian Law: Manitoba CurriculumFrameworkvii1Introduction1Course Overview1Module 1: Foundations of Law3Module 2: Canadian Charter of Rights and Freedoms4Module 3: Criminal Law5Module 4: Civil Law7Module 5: Family Law8Module 6: Student Inquiry9Theme 6A: International Law9Theme 6B: Human Rights Law10Theme 6C: Youth and the Law11Theme 6D: Labour Law12Theme 6E: Environmental Law13Contentsiii

aCknowLedGementsManitoba Education and Training gratefully acknowledges the contributions of the following individuals in the development ofGrade 12 Canadian Law: Manitoba Curriculum Framework.Members of theCanadian LawReview CommitteeTracy BlahutSt. James-Assiniboia School DivisionLuc DavidDivision scolaire franco-manitobaineMatt HendersonSt. John’s-Ravenscourt SchoolMichel LavergneDivision scolaire franco-manitobaineMartin RileyRiver East Transcona School DivisionNata SpigelmanGray Academy of Jewish EducationJoël TétraultLouis Riel School DivisionGerald UrbanovichWinnipeg School DivisionAcknowledgementsv

Manitoba Education andTraining StaffviGrade 12 Canadian LawLouise BoissonneaultCoordinatorDocument Production Services UnitEducational Resources BranchLinda ConnorProject LeaderLearning Support and Technology UnitInstruction, Curriculum and Assessment BranchLionel De RuyverConsultantBureau de l’éducation française DivisionJohn FinchProgram ManagerLearning Support and Technology UnitInstruction, Curriculum and Assessment BranchLynn HarrisonDesktop PublisherDocument Production Services UnitEducational Resources BranchGrant MoorePublications EditorDocument Production Services UnitEducational Resources BranchJoël RuestConsultantBureau de l’éducation française Division

Gr ade 12 C anadi an L aw:manitoba CurriCuLumFrameworkIntroductionLaw encompasses all of the rules that are created andenforced by governments to regulate the behaviour of allmembers of society, as well as the relationships betweenthem.Studying law gives students the opportunity to acquireknowledge and competencies that will help them throughouttheir lives as responsible citizens. Basic practical knowledgeof the Canadian legal system allows students to play apositive, active role in society. In addition to understandingthe relevance of law in everyday life, the outcomes ofthis course are aimed at helping students develop criticalthinking skills and form personal opinions on contemporarylegal issues through case studies, simulations, field trips,guest speakers, and debates.The Grade 12 Canadian Law curriculum presents studentswith the major components of Canadian law, beginning withthe foundations of law, followed by the Canadian Charter ofRights and Freedoms, criminal law, civil law, and family law.The course also gives students the opportunity to explore atopic of their choice through inquiry of one of the following:international law, human rights law, youth and the law,labour law, or environmental law.This document outlines enduring understandings andlearning experiences to guide the teaching of the Grade 12Canadian Law course. Implementation of a draft of thiscurriculum framework began in the 2016/2017 school year.This one-credit, optional course consists of 110 hours ofinstruction, including formative and summative assessments,field trips, guest speakers, and related activities.Course OverviewThis curriculum contains the general themes and topics forthe course. Modules 1 to 5 represent the broad content areas.Module 6 is an inquiry guide for students to further explorea topic of their choice.Module 1: Foundations of LawModule 2: Canadian Charter of Rights and FreedomsModule 3: Criminal LawModule 4: Civil LawModule 5: Family LawModule 6: Student Inquiry International Law Human Rights Law Youth and the Law Labour Law Environmental LawEach module features an enduring understanding statementthat summarizes the main theme, followed by a series oflearning experiences.Overview1

Enduring UnderstandingsLearning ExperiencesEnduring understandings represent the knowledge andunderstanding that remain with students after completion ofthe course. Wiggins and McTighe (1998) note thatThis document includes learning experiences to focusinquiry, knowledge, and understanding. Learningexperiences are concise statements of the learning that willlead students to acquire the enduring understandings of thecourse. Many of the learning experiences include examples ofsuggested topics to guide student learning; teachers shoulduse their professional discretion when exploring additionaltopics that are pertinent to the context in which they teach.[e]nduring understandings will anchor the unit andestablish a rationale for it. The term enduring refers tothe big ideas, or the important understandings, that wewant students to ‘get inside of ’ and retain after they’veforgotten many of the details. Put differently, the enduringunderstandings provide a larger purpose for learning thetargeted content: They implicitly answer the question, whyis this topic worth studying?This, ultimately, is the purpose of social studies education:to deal with and understand issues, concepts, and topics thatare truly worth remembering. Enduring understandings,and the general values and dispositions they imply, caninform citizenship and provide the basis for teaching forunderstanding.2Grade 12 Canadian Law

Module 1: Foundations of LawEnduring UnderstandingTo live together in a society peacefully and viably, we need law. Law provides us with the fundamental rules for living. Lawis a complex system that touches every aspect of our lives on a daily basis. The past (including First Nations, Métis, and Inuitpractices) and the present shape our legal heritage. Our laws reflect our social, economic, and political environment, and theycontinually evolve in response to changing social values.Learning Experiences1.1Define law and its purpose in society by exploring its history and evolution, including the Code of Hammurabi, theNapoleonic Code, and other historical roots of law.1.2Differentiate and develop an understanding of the various classifications of law.1.3Distinguish between law and social mores, and explore questions regarding issues such as inherent versus conferredrights and the Doctrine of Discovery/terra nullius.1.4Explore First Nations, Métis, and Inuit practices related to law and the evolving legal relationship between First Nations,Métis, and Inuit peoples and non-Indigenous Canadians, including the treaty relationship.1.5Describe how and why laws change and the consequences of such changes on society.1.6Demonstrate an understanding of how Canada’s legal system has been created, including the influences provided byBritish Common Law and the French Civil Code.1.7Demonstrate an understanding of the jurisdiction and powers of each level of government pertaining to law, as well asthe hierarchy of the courts.1.8Explore and compare the roles and responsibilities of key individuals in the judiciary system, such as judges, lawyers, andclerks.1.9Build knowledge and understanding of key law concepts and terminology, such as case law, habeas corpus, and Rule ofLaw.Manitoba Curriculum Framework3

Module 2: Canadian Charter of Rights and FreedomsEnduring UnderstandingIn Canada, all branches and levels of government, regardless of political ideology, must recognize and respect the fundamentalrights of its citizens, including language and Aboriginal rights. Our rights and freedoms, outlined in the Canadian Charter ofRights and Freedoms, are guaranteed and entrenched within our Constitution. The Supreme Court of Canada plays a vital role ininterpreting the Charter, thereby making the Charter a “living tree,” an evolving document.Learning Experiences42.1Outline the history and evolution of rights in Canada leading to the creation of the Canadian Charter of Rights and Freedoms,such as the “Persons Case” (Edwards v. A.G. of Canada, 1930) and the Canadian Bill of Rights (1960).2.2Describe and assess each section of the Charter, its jurisdiction and enforcement, as well as its general impact onCanadian society.2.3Examine the ongoing debate around limitations to our rights and freedoms, as outlined in the reasonable limits clauseand the notwithstanding clause, as well as the role of the Supreme Court as the “guardian of the Constitution.”2.4Explore the impact of the Charter and other documents, such as the Royal Proclamation of 1763, land claim agreements,treaties, and the Indian Act, on Aboriginal rights.2.5Analyze to what extent the democratic and mobility rights of Canadians are guaranteed and protected under the Charter.2.6Outline how the Charter protects your legal and procedural rights and establishes limits on representatives of thecriminal justice system, such as the police and the Crown.2.7Compare and contrast the concepts of equality and equity in relation to Section 15 of the Charter.2.8Describe how minority language rights are protected in the Charter.2.9Examine how issues such as women’s rights, gender identity, medically assisted death, and other current events have hadan impact on current interpretations of the Charter, making the Charter a living document.Grade 12 Canadian Law

Module 3: Criminal LawEnduring UnderstandingLaw provides order and serves to protect individuals in society. It is designed to ensure the sanctity of life and well-being ofcitizens, to deter violence, and to provide rational solutions to protect people and goods. The purpose of justice has changed overtime from being purely punitive to including principles of restitution and rehabilitation. Indigenous peoples have also developedviable alternatives to sentencing, some of which have been adopted into the Canadian legal system. The bigger picture of a crime,including victim rights and factors concerning the offender and the offence, are taken into account in sentencing.Learning Experiences3.1Define the purpose and characteristics of criminal law in Canadian society, including the Youth Criminal Justice Act, andexplore the challenge of finding balance between retribution and rehabilitation that recognizes the legal rights of both theoffender and the victim.3.2Demonstrate an understanding of the elements of a criminal offence, such as actus reus, mens rea, and absolute liability.3.3Describe and analyze criminal offences that involve people, such as homicide, assault, and sexual assault.3.4Describe and analyze criminal offences that involve property, such as theft, robbery, and breaking and entering, as wellas other criminal offences, such as drug trafficking and possession, identity theft, and fraud.3.5Develop an understanding of how persons other than a principal offender can be charged and convicted of a criminal act,such as with charges of conspiracy, attempt, or aiding and abetting.3.6Describe the major steps involved in investigation and arrest, including the collection and analysis of evidence, detention,and pretrial release.3.7Identify and describe defences for the accused, such as mental state, self-defense, and duress.3.8Describe the structure of the Canadian criminal court system and the roles of participants, such as the judge, witnesses,jury, Crown counsel, defence counsel, and other court personnel.3.9Describe the steps of a criminal trial, including preliminary inquiry, plea negotiations, opening statement, examination,verdict, and appeal.3.10 Discuss the various goals of sentencing, such as protection of the public, deterrence, and restitution, as well as theadvantages and disadvantages of different types of sentences, such as probation, conditional sentences, and incarceration.continuedManitoba Curriculum Framework5

Module 3: Criminal Law (continued)3.11 Distinguish between adult sentencing and the procedures for sentencing young offenders, as outlined in the YouthCriminal Justice Act.3.12 Explore the concept of restorative justice through alternative measures, such as sentencing circles and family groupconferencing, as recommended by the Aboriginal Justice Inquiry (1991) and the Gladue ruling (1999).3.13 Analyze the overrepresentation of Indigenous people incarcerated in Manitoba and in Canada, and how the judicialsystem is responding to this issue, particularly in light of the recommendations made by the Aboriginal Justice Inquiry(1991) and in the Truth and Reconciliation Commission of Canada: Calls to Action document (2015).6Grade 12 Canadian Law

Module 4: Civil LawEnduring UnderstandingCivil laws are designed to protect the interests and concerns of individuals, groups, and levels of government. Civil laws mustestablish a balance between the rights of the individual and the needs of society. Civil law is complex, as it attempts to resolvecommon disputes at the individual level. These considerations also apply to Indigenous land and treaty rights.Learning Experiences4.1Define civil law and how it differentiates from criminal law, particularly in terms of purpose, structure, procedure, andresolution.4.2Assess the various elements involved in civil procedures, including parties involved in civil actions, stages in a civilaction, class action lawsuits, and civil courts.4.3Describe various types of compensation, such as damages and injunctions, as well as alternative dispute resolutionmethods, such as negotiation, mediation, and arbitration.4.4Examine Indigenous practices and case law regarding rights on reserves, land titles, and treaty lands, as well as propertyrights on reserves and civil actions against government, such as residential school compensation and treaty and landrights.4.5Analyze elements, examples, and defences of intentional and non-intentional torts, such as negligence, invasion ofprivacy, and defamation of character.4.6Explain the main elements of contracts, including the factors that can invalidate them, and the different types of contractsavailable, such as cell phone contracts, parking agreements, purchases, rent, warranties, and mortgages.Manitoba Curriculum Framework7

Module 5: Family LawEnduring UnderstandingThe concept of what constitutes a family has changed over the years, and family law, which varies provincially, has evolved toreflect those changes within Canadian society. Family law outlines the legal responsibilities of what constitutes a marriage, thenature of the contemporary family, as well as the rights of family members. Family law provides protection for both spouses andchildren in life, health, and emotional well-being. There is an evolving relationship between federal and provincial agencies andIndigenous peoples in Canada in regards to family law—in particular, with respect to customary practices and the role of nonIndigenous agencies in supporting Indigenous families.Learning Experiences85.1Explore the definition of a family in legal terms in Canada, and describe what constitutes family law, including marriage,child protection, and family assets.5.2Describe and understand the legal requirements of marriage and common law relationships, including same-sexpartnerships, and limitations, such as age, polygamy, and consent.5.3Examine the legal requirements and procedures of separation and divorce, including mediation, spousal support, anddivision of property, as well as protection for individuals in abusive relationships.5.4Describe the rights and responsibilities of parents and guardians and how family law protects the rights of children,including topics such as safety, custody and support, adoption, and the role of Child and Family Services.5.5Explore issues related to custody of children, such as types of custody, access for non-custodial parents, and childsupport.5.6Examine past and present policies related to customary Indigenous practices and interventions into Indigenous familiesby governmental agencies, such as adoption of Indigenous children, the Sixties Scoop, residential schools, and interactionswith Child and Family Services.5.7Analyze issues related to family law, such as cultural expectations, economic factors, and the effects of reproductivetechnology on families (e.g., surrogate motherhood and in-vitro fertilization).Grade 12 Canadian Law

Module 6: Student InquiryUsing the outcomes below as an inquiry guide, students research and analyze one (1) of the following themes: International Law;Human Rights Law; Youth and the Law; Labour Law; Environmental Law.Theme 6A: International LawEnduring UnderstandingInternational law goes beyond the boundaries of one’s country and provides guidelines for living as global citizens in anincreasingly interconnected world.Learning Experiences6A.1 Explain the nature and the general principles of international law.6A.2 Identify issues that are relevant to international law, such as disarmament, international crime, refugees, problems ofnationality, the conduct of war, terrorism, and the law of the sea.6A.3 Explain concepts such as diplomatic immunity and extradition.6A.4 Describe the role, function, and jurisdiction of international judicial bodies such as the International Court of Justice andthe United Nations High Commissioner for Refugees.6A.5 Examine issues in implementing international law into the domestic realm and resolving international conflicts.6A.6 Analyze violations of international law and explore how the acts and laws of different countries, both past and present,have violated the principles of international law, such as segregation in the United States and the Nuremberg laws inGermany.6A.7 Evaluate the impact of the United Nations Declaration on the Rights of Indigenous Peoples on Canadian law.Manitoba Curriculum Framework9

Theme 6B: Human Rights LawEnduring UnderstandingAll human beings have the right to be protected and live freely, equally, and with dignity.Learning Experiences6B.1 Explain the reasons for the creation of the Universal Declaration of Human Rights and key concepts associated with thedeclaration.6B.2 Identify the fundamental freedoms and legal safeguards entrenched in the Canadian Charter of Rights and Freedoms andcompare them with those contained in the Universal Declaration of Human Rights.6B.3 Explain what means a person can use to exercise his or her rights under the Charter, such as challenging a provincial orfederal law, and describe the role of agencies such as the Ombudsman and the Human Rights Commission.6B.4 Explain how rights and freedoms may be limited and how they are accompanied by specific obligations andresponsibilities.6B.5 Analyze situations in which rights and freedoms may conflict, such as those involving freedom of expression, hateliterature, traditions, and defamation.6B.6 Examine the rights of groups or individuals in Canada that have not been respected, such as Indigenous rights, minorityrights, gender politics, the status of women, and linguistic rights.6B.7 Assess the impact of the Indian Act and other legislation, as well as unfulfilled treaty obligations, on the human rights ofIndigenous peoples in Canada.6B.8 Assess the contribution of key people and organizations in the promotion of human rights both nationally andinternationally.6B.9 Measure the effects of collective action, such as petitions and special interest groups, on the evolution of law indemocracies.10Grade 12 Canadian Law

Theme 6C: Youth and the LawEnduring UnderstandingYouth are treated differently in law. Youth are both entitled and restricted by law, in different ways and in differentcircumstances. Laws pertaining to youth are constantly evolving to reflect the changing nature of society.Learning Experiences6C.1 Analyze the fundamental rights described in the Declaration of the Rights of the Child (1959), as well as the guidingprinciples of the Youth Criminal Justice Act (2003).6C.2 Assess the effectiveness of international laws concerning the respect of children’s rights.6C.3 Analyze the impact of educational inequities on First Nations reserves and the changes that are being made to improveaccess to education.6C.4 Debate the rationale for treating youth differently from adults in issues such as voting, driving, consent, schoolattendance, and criminality.6C.5 Describe the evolution of youth law from the Juvenile Delinquents Act (1908) to the Youth Criminal Justice Act (2003),including amendments to the act adopted in 2012.6C.6 Assess some of the elements of the Youth Criminal Justice Act (2003), including amendments adopted in 2012, and explainthe arguments for and against these items.6C.7 Analyze certain aspects of criminal law that may apply to minors or concern minors but are not defined in the YouthCriminal Justice Act, such as possession and drug trafficking, child protection, sexual assault, and harassment.6C.8 Identify resources available for young victims.6C.9 Compare the treatment provided to adults and minors regarding arrest, detention, trial, and sentencing.Manitoba Curriculum Framework11

Theme 6D: Labour LawEnduring UnderstandingLabour law is designed to protect and serve the interests of both the employer and employee. Labour laws ensure that rights andresponsibilities are viable and just for the well-being of both sides in the employment relationship.Learning Experiences6D.1 Explain why labour law is required to address such issues as safety, hygiene, and basic workers’ rights.6D.2 Compare the role of the federal and provincial governments in the development of laws relating to labour and theworkplace.6D.3 Describe the key elements and protection granted to workers by provincial and federal legislation, such as the WorkersCompensation Board of Manitoba, the Canada Labour Code, the Trade Unions Act, the Labour Relations Act, and theEmployment Standards Code.6D.4 Explore issues related to workers’ rights, such as organized labour, collective bargaining, and back-to-work legislation.6D.5 Describe the legal recourses available if workers’ rights are not respected, such as complaints, grievances, mediation, andseverance.6D.6 Analyze the effects of the liberalization of trade exchanges, globalization of the economy, and technological change on thefuture of collective bargaining and workplace regulations.6D.7 Analyze the rationale and impact of employment equity policies on groups such as Indigenous peoples, women, visibleminorities, and people with disabilities.6D.8 Explore issues related to migrant workers, such as temporary foreign workers, skilled workers entering into Canada, andhuman trafficking.12Grade 12 Canadian Law

Theme 6E: Environmental LawEnduring UnderstandingPollution and climate change have no boundaries. The earth is a dynamic, organic, and interconnected living space that needs tobe protected. Environmental laws provide that protection to ensure a sustainable world for all, now and in the future.Learning Experiences6E.1 Identify the need and rationale for laws to protect the environment.6E.2 Distinguish the separation of powers regarding environmental protection among the federal, provincial, and municipalgovernments as it relates to such areas as forestry, fisheries, endangered species, waste management, and hazardousmaterials.6E.3 Assess the effects that international agreements such as the Kyoto Protocol (1997) and the Paris Agreement (2016) havehad on protecting the environment, reducing greenhouse gas emissions, and promoting sustainable development.6E.4 Evaluate the roles of individuals and non-governmental organizations with regard to environmental protection.6E.5 Describe the leadership of First Nations, Métis, and Inuit communities with regard to their traditional land use practicesand environmental impact.6E.6 Analyze specific criminal or civil cases related to environmental laws, such as nuclear incidents, oil spills, or poaching.Manitoba Curriculum Framework13

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Grade 12 Canadian Law: Manitoba Curriculum. 1 Introduction 1 Course Overview 1 Module 1: Foundations of Law 3 Module 2: Canadian Charter of Rights and Freedoms . 4 Module 3: Criminal Law 5 Module 4: Civil Law 7 Module 5: Family Law 8 Module 6: Student Inquiry 9 Theme 6A: International Law 9 Theme 6B: Human Rights Law 10 Theme 6C: Youth and the .File Size: 483KB