Morality, Criminality, and Status Offences Flashcards

Question

What was Quong Wing v. R?

Answer 1

Quong Wing was a naturalized Canadian Citizen who ran a restaurant. He tried to hire 2 white women and was arrested and convicted. He fought the conviction because he said that the law was outside of the provinces powers because criminal law is a federal issue. Shouldn't applied to citizens but since that is also a federal power, the province shouldn't be. SCC said the law was for protected the white women's physical health.

Answer 2

By the early 20th century, many Japanese Candians on the west coast had established themselves in fishing, farming, and in trade. As a result, they were widely discriminated against in day-to-day interactions as well as legislatively. In 1908, the government signs the gentlemen's agreement, which restricted the number of Japanese migrants allowed to enter Canada each year, could not ban them from coming because of a trade treaty.

Answer 3

Japanese Canadians also experience internment during WWII. In WWII, they were forced to register as enemy alien No matter citizenship They were displaced and forced out, their stuff sold, moved to housing centers (women and children) and internment camps (men). They were asked to either go back to Japan or move east, away from BC.

Answer 4

After WWII, efforts are made to stop the deporation of Japanese people forced during the war. After war, all requests to stop the deportation was denied. People were being sent to a country they had never been to.People protest that it is a crime against humanity SCC said law was valid Privy Court also upholds it By 1947, the federal government revokes it Saves some from deportation but not all

Answer 5

Restrictions were placed on South Asian migrants despite the practial challenged posed by intra-imperial relations. The continuous journey laws, in a round about way, halted South Asian migration. India was also a colony under the British so it was not easy to ban them. the laws made them have a continuous journey from South Asia to be let into Canada, which was not possible and it was a deliberate and racially motivated.

Answer 6

A time where the continuous journey laws was contested. The migrants were held on the ship for 2 months trying to fight the rules before they turned them away saying they couldn't do anything.

Answer 7

Black Canadians lived in state of paradox, caught between formal legal equality and depply entrenched inequality. Imperialist groups, boards of trade, and politicaians attempted to stop further Black migration. The act prhibited migrants declared "unsuited to the climate or requirements of Canada". Equality is a fiction; Restrictions on where they could live/travel; Restrictions on work, school, and worship. Said they were "unsuitable for the climate". Only 1,500 ish entered Canada from 1905-1912. the Criminal law was integral to shaping conceptions of race.

Answer 8

She refused to leave the segregated section of the Roseland Theatre in 1946. Race was not entranched in the law, so Desmond was charged with tax evasion. Because of the elgal nature of racial discrimination had not been settled in the law, her lawyer struggles to root the case in freedom of commerce or freedom from discrimination. Race was an unwritten aspect of the law. She serves as a catalyst for change regarding segregation, which is handled int he courts in Noble and Wolf v. Alley.

Answer 9

Noble had land for over a decade and tried to sell it to Wolf, but the land had a clause that it could not be sold to a non-white person and Wolf was Jewish They tried to appeal the clause but the people protested the removal even in 1948 post-war era Ontario Supreme Court knocks down the covenant Appellant Court reinstates the covenant SCC struck down the covenant Ontario said anything post-1950 could not have these restrictions

Answer 10

The legal dispossession of Indigenous Peoples is facilitated through several laws and acts in the 19th century. Colonial lawmakers are focused on proving that indigenous peoples could not claim collective ownership over their land and that their ideas of property were incompatible with british legal definitions. Ex. tried to bring down treaties and the number of people thought as Indigenous This continues post-confederation through the Indian Act which consolidates all previous regulations pertaining to Indigenous Peoples and comes to control nearly every aspect of their lives. Indian act: Aimed to prevent them from pursuing and asserting their culture In every aspect of life, they ran into obstacles They were not allowed to vote unless they gave up their status Barred from professions Women who married non-indigenous men lost their status, as did their children Limited abilities to visit children =Limited travels Pass system: Made it possible to charge anyone who induces, insists, or stirs up indigenous people; Freedom of association Signing of the number treaties

Answer 11

They were designed to demonstrate Canada's sovereignty in the North, counteract notions that the government was weak, and promote deterrence. Canadian state quite eager to assert themselves over more and more of the state The trial signals to the Innut that they could not keep just doing what they were doing after Alikoniak and Tatamigana were the first Inuit tried and executed for murder under Canadian law.

Answer 12

The state responds to political organizing by adding Section 141 to the indian act. This effectively barred indigenous peoples from meaningfully fighting for their rights through the legal system and was a barrier for further efforts. WWII marks a turning point: a special joint committee of the senate and the House of Commons is established to study the Indian Act, but their recommendations were ultimately ignored. IN 1951, Canada signs on to the UN declaration of Human rights which overturns Section 141 by allowing prime minister to create a bill of rights which grants enfranchisment to indigenous people and removes Section 141. Political organizing focusing on getting more land claims State responses by adding Section 141 Outlaws hiring lawyers from those who had status After the war, indigenous people came back and were disillusioned because things were the same if not worse, even after fight for these 'rights' that Canada apparently stood for. 1946 - Special Joint Committee For the first time, they consult indigenous groups when preparing their report So they make really positive and helpful improvements enfranchisement - voting Treaty claims committee Giving title of reserve lands to indigenous people They don’t really do anything with their recommendations

Answer 13

It concluded that Canada's indeigenous peoples needed to be treated as Citizens Plus. The government responds, in 1969, with the White Paper that calls for an end to status, the dismantling of the Indian Act, the conversion of reserve lands to private property, and integration. Indigenous activists respond with the Red paper and the government withdraws the White paper. The growth of American Indian Movement (AIM) style protests indicate a shift towards extra-legal protests. Ongoing government policies made indigenous people disadvantaged Outline new policy in the White Paper * An end to status * Dismantling of the Indian Act * Conversion of reserve lands to private property * Immediate integration Government is patting themselves on the back for this but Indigenous activists were upset * All it did was prove how out of touch it was * Was just forced assimilation * Respond with the Red paper This moment pushed indigenous organization into more protests * AIM style protests

Answer 14

Northwest of Mon. 1989 - a private golf course was approved on the edge of the Mohawk land Their issues are ignored so they decide to block the construction Mayor calls the police to get the blockade out Police officer is killed After 78 days, Mohawk steps down but in the hustle, a 14 year old girl gets stabbed in the chest and so the golf course is called off but no other land issues are resolved It was a confrontation between Mohawk activists and the police which provokes new calls for evaluation of the relationship between indigenous peoples and the state. The Royal Commission on aborginal peoples, 1991 conlcued that a complete restructuring of the relationship was necessary. All recommendations involving constitutional changes were ignored; the government pursued only a few select changes. Government didn't want to make any constitutional changes so they only did really small things Renders the Royal Commission a research effort but not a path to change

Answer 15

During WWII, the government had the power to seize land for the war effort. It had taken Kettle Point 44 Reserve, turning it into an army training camp. The land was not returned after the war, and the Kettle Point band initatied a protest occupation known as the Ipperwash Crisis. The government has these tremendous power during the war Only has to make a case to themselves Land was very important because it contains a burial site Efforts to get it back did not work so they initiate a protest occupation OPP are called in

Answer 16

It recognized that Aboriginal title had a place in Canadian law and that title was a legal right. It was one of the first cases were indigenous people were able to use the courts after 141. They argue that title of their land was never taken away Rights to their land had been ignored by the government Case is important because it recognized that indigenous title was a legal right and had a place in Canadian law Made them release a policy

Answer 17

It brought down a provision of the Indian Act that racially discriminated against Indigenous Peoples. Illegal for him to be intoxicated off reserve He applies case to the territory court because the trial wasn't fair as he did not speak English Also for the bill of rights, because he was charged only because he was indigenous SCC 6-3 said that Drybones is being punished because of his race under a law that had a different scope and penalty for different Canadians If a section cannot be reasonably interpreted and applied, it cannot be in force It pointed out the ways the law specifically targeted indigenous people

Answer 18

A movement to have their title and rights in the constitution Gets two trains to Ottawa, then New York, and Europe. It built activism and led to Sandra Lovelace v. Canada

Answer 19

It leads to the amendment of the Indian Act and Bill C-31. Sandra Lovelace takes her case to the UN on gender discrimination. It leds to 1985, when the Indian Act is amended. Bill c-31 A person's marriage cannot effect a status Women who had lost their status could regain it Human rights committee found they were in breach of civil and human rights Tied into section 35 of Charter

Answer 20

Bill C-31 is challenged in this case, which leads to Bill C-3 that counters gender discrimination in the Indian Act. Argued women with status did not have the same rights as men with status Did not have the same ability to pass their status on to their children Demonstrated real damage to the people Led to bill c-3, which counter gender discrimination in the Indian Act Lots of other cases follow and Feds now say that all gender based issues are fixed

Answer 21

It creates the Van der Peet test, which narrowed the Sparrow test. Was charged with illegally selling salmon caught for food or ceremony Makes its way to SCC Ruled that while she had the right to fish, she didn't have the right to sell fish Sets up the Van der Peet test, which narrows the Sparrow Test It must be seen as integral to the indigenous group from BEFORE contact

Answer 22

It challenged Section 35 of the constitution for the first time, established ancestral rights to fish and the state's duty to provide certain guarantees to indigenous peoples, and created the Sparrow Test. He was charged for having a bigger net then he was supposed to He argues that Section 35 established ancestral rights to fish and the state's duty to provide certain guarantees to Indigenous Peoples Case makes its way to SCC Did they have an ancestral right to fish and has this been overturned by legislation? Ruled they did have a right and it had not be overturned Conviction was overturned It sets up a code to interpret section 35 Sparrow Test

Answer 23

The Van der Peet test works in the favor of the Heiltsuk. Charged with selling heron spawn They claim they have a right to sell it, presented evidence that it was a significant way of life before contact Judges agree that it passes the Van der Peet test

Answer 24

It helped define title, affirmed the validity of oral history, and clarified the government's duty to consult. File a land claim Judge determines that they don't have title because they lost it when BC joined confederation SCC found that provinces did not have rights to get rid of title Elders had oral tradition to the land and the court has to treat this as any other evidence Had to prove these rights were from before contact and the oral history proves this Defined title, confirmed their rights to the land, doesn't outright solve the issue

Answer 25

It referenced many of the aformentioned cases, and reaffirms Mik'maq treaty rights Building on sparrow test Caught and sold eels with an illegal net during the wrong time SCC reverses the conviction because of the hunting and fishing rights that were promised during the 1760s Confirms treaty rights for the Mik'maq Issues a clarifying ruling Yes there are these rights but theses rights aren't unlimited, they can be limited because of public objectives, like conservations

Answer 26

In this case, the Supreme Court attempted to alleviate the higher rate of incarceration for indigenous offenders and to implement restorative justice. Stabs and kills her common law husband Domestic violence Under the criminal code, the court must consider all available sanctions other then incarcerations for indigenous people who live on reserve Gets 3 years SCC who is determining the criminal code Indigenous offender could not be eliminated due to reserve Intent of the section was to alleviate the higher rate of incarceration for Indigenous offenders and implement restorative justice Judge could recommend restorative justice Advised court to consider the indigenous background of offenders Gladue reports outline mitigating factors Gladue courts, tailored to indigenous offenders

Answer 27

The laws continue to be passed that undermine Indigenous sovereignty. the Cree of Attawapiskat declared a state of emergency over inadequate housing and the presence of De-Berrs Diamonds on their land. Chief Thereas Spence protests Bill C-45 by going on a hunger strike. A moment, Idle No More emerges to draw attention to this issue. Bill C-45 loosed legal restrictions, eliminated the need for a vote before companies use indigenous land Idle No More

Morality, Criminality, and Status Offences Flashcards

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