Midterm 1 Missed Lecture

Question 1

In 2017, what did an Ontario judge rule? (3)

Answer 1

-federal government neglected duty to care for 16,000 Indigenous children
-these children had been taken from their families and placed with non-Indigenous families
-known as 60s scoop

Question 2

What did the court say were the damages inflicted on the Indigenous people due to the 60s scoop?

Answer 2

-loss of identity
-contributed to addiction
-mental health issues
-fractured lives

Question 3

Define prejudice

Answer 3

-rigid and generalized ideas about a group of people

Question 4

Define discrimination

Answer 4

-denying groups equal access to societal rewards

Question 5

Does the criminal justice system practice prejudice and discrimination?

Answer 5

-at times, yes

Question 6

What are the 3 types of interpersonal racism?

Answer 6

1. Hate-explicit, designed to cause fear
2. Polite-couched in a congenial fashion
3. Subliminal unknown to the actor

Question 7

What are the two types of institutional racism?

Answer 7

1. Systemic-unintentional and pervasive
2. Systematic-intentional

Question 8

What are the 2 types of cultural racism?

Answer 8

-everyday-language
-ideological radicalized ideas we possess as a culture

Question 9

At what rate do Indigenous people experience victimization?

Answer 9

-more than double the national average (160 per 100,000)

Question 10

Even though Indigenous people comprise 4% of the Canadian population, what percentage of homicide victims do they comprise?

Answer 10

-27%

Question 11

What are four of the reasons Indigenous people have such high victimization and homicide rates?

Answer 11

-residential schools
-legal definition of Indian
-poverty/unemployment
-educational levels

Question 12

Before 1983, what were the conditions required to find someone guilty of rape? (5)

Answer 12

-complainant had to be female
-accused had to be male
-could not be married to each other
-sexual intercourse occurred
-act of intercourse occurred without woman’s consent

Question 13

What did the federal government implement in 1983? Why?

Answer 13

-Bill C-127
-problems within legislation around rape

Question 14

What did Bill C-127 change?

Answer 14

-brought in three different levels and types of sexual assault

Question 15

What is level 1 sexual assault?

Answer 15

-victim endured least amount of physical injury
-10 years max punishment

Question 16

What is level 2 sexual assault?

Answer 16

-use of a weapon, threats of weapon or bodily harm
-14 years maximum punishment

Question 17

What is level 3 sexual assault?

Answer 17

-wounding, maiming, disfiguring or endangering the life of the victim
-life imprisonment

Question 18

What was the most controversial aspect of Bill C-127?

Answer 18

-restricted the use of evidence around victims sexual history
-enacted rape shield provision in criminal code

Question 19

What happened to s.276 in 1991?

Answer 19

-rape shield provision struck down as unfair to accused
-because of cases R.v.Seaboyer; R.v.Gayme

Question 20

What is the rape shield provision?

Answer 20

-no slut shaming
-short skirts or prostitute excuse for accused cannot be used
-cannot bring up previous sexual activity as an excuse that the complainant (victim) is more likely to have consented to sexual activity with the assault or is less worthy of belief

Question 21

What happened in the Seaboyer case?

Answer 21

-Seaboyer charged with sexual assault with a woman whom he had been drinking at a bar with
-judge refused to allow the accused to cross-examine her on her previous sexual contact that night
-even though it could have explained bruises and other evidence on her body

Question 22

Why was s.276 struck down as unfair to the accused?

Answer 22

-violate the charter
-violated the accused rights to a fair trial

Question 23

What was implemented in 1994? (3)

Answer 23

-extreme drunkenness defence
-removed a year later
-back now

Question 24

What was implemented in 1997? (2)

Answer 24

-Bill C-46 restricted full disclosure of records in sexual assault proceedings
-two stage process where judge determined whether the victims records would be disclosed to defence

Question 25

What happened in the first stage outlined by Bill C-46?

Answer 25

-accused must convince the trial judge that documents are relevant to their case

Question 26

What happened in the second stage outlined by Bill C-46?

Answer 26

-judge must consider whether it is necessary in the interests of justice for the defence to view personal records