Transcript The Criminal Code - Meant4Teachers.com

Law and Morality
CLN4U
Functions of the Criminal Code
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Preventing harm to people and
property
Preventing action that challenges
gov’t authority and institutions
Discouraging personal revenge
Preventing harm to oneself
Expressing and enforcing morality
Preventing harm to people and
property
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Injury
Death
Theft or damage of property
Preventing action that
challenges gov’t authority and
institutions
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Treason
Riots
Insurrection
Discouraging personal revenge
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Citizens cannot take the law into their own
hands
In order to effectively discourage
vigilantism, citizens must be confident in
the justice system in addition to fearing
the penalties
Preventing harm to oneself
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Legal paternalism: when laws are enacted
to promote the good of citizens by
overruling their own judgment about what
is good for them.
Essentially, gov’t acts as “father figure” to
a nation of children
Ex: drugs, prostitution, suicide
Expressing and enforcing
morality
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Is morality subjective or objective?
“Cannibalism is moral in a cannibal
country.” – Samuel Butler
Law must strike balance between
reflecting the moral views of the majority
while protecting differing opinions of
minorities (to a degree)
Discussion
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Legal paternalism
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Pros/cons?
Is it ever necessary to take the law into
your own hands?
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Is this okay?
What does it say about our society?
Law and Morality
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Can a crime occur if there is no victim?
Consensual crimes
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Prostitution, obscene material, drugs
Individuals who commit these crimes
generally know what they’re getting into, and
only potentially harming themselves, so are
they victimless crimes?
Law and Morality
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Harm to society
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Moral view:
dehumanizing/debasing/degrading
Economic view: potential cost to healthcare
system
Harm to individuals
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protecting young people,
disadvantaged/desperate people who are
more susceptible to exploitation
Law and Morality
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When does an immoral act become criminal?
“Good Samaritan” Laws (provincial jurisdiction)
The Charter contains a provision that imposes an
obligation to render aid if it can be accomplished without
serious risk to the good samaritan or a third person
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Quebec is unique in Canada in imposing a duty on
everyone to help a person in peril
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There is still little jurisprudence interpreting these provisions
The duty to take action stems from the Quebec Charter of
Human Rights and Freedoms enacted in 1975, and the Civil
Code
In the rest of Canada, there are no laws making it
obligatory for people to help someone in need
Law and Morality
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What happens when the law is out of step
with the moral values of society?
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Slavery, women’s rights
Abortion: Morgentaler case