Education and Early Childhood Learning

• 1.1 Define law and its purpose in society by exploring its history and evolution, including the Code of Hammurabi, the Napoleonic Code, and other historical roots of law.

• 1.2 Differentiate and develop an understanding of the various classifications of law.

• 1.3 Distinguish between law and social mores, and explore questions regarding issues such as inherent versus conferred rights and the Doctrine of Discovery/terra nullius.

• 1.4 Explore 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.

• 1.5 Describe how and why laws change and the consequences of such changes on society.

• 1.6 Demonstrate an understanding of how Canada’s legal system has been created, including the influences provided by British Common Law and the French Civil Code.

• 1.7 Demonstrate an understanding of the jurisdiction and powers of each level of government pertaining to law, as well as the hierarchy of the courts.

• 1.8 Explore and compare the roles and responsibilities of key individuals in the judiciary system, such as judges, lawyers, and clerks.

• 1.9 Build knowledge and understanding of key law concepts and terminology, such as case law, habeas corpus, and Rule of Law.

• 2.1 Outline 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).

• 2.2 Describe and assess each section of the Charter, its jurisdiction and enforcement, and its general impact on Canadian society.

• 2.3 Examine the ongoing debate around limitations to our rights and freedoms, as outlined in the reasonable limits clause and the notwithstanding clause, as well as the role of the Supreme Court as the “guardian of the Constitution.”

• 2.4 Explore the impact of the Charter and other documents, such as the Royal Proclamation of 1763, land claim agreements, Treaties, and the Indian Act, on Indigenous Rights.

• 2.5 Analyze to what extent the democratic and mobility rights of Canadians are guaranteed and protected under the Charter.

• 2.6 Outline how the Charter protects your legal and procedural rights and establishes limits on representatives of the criminal justice system, such as the police and the Crown.

• 2.7 Compare and contrast the concepts of equality and equity in relation to Section 15 of the Charter.

• 2.8 Describe how minority language rights are protected in the Charter.

• 2.9 Examine how issues such as women’s rights, gender identity, medically assisted death, and other current events have had an impact on current interpretations of the Charter, making the Charter a living document.

• 3.1 Define the purpose and characteristics of criminal law in Canadian society, including the Youth Criminal Justice Act, and explore the challenge of finding balance between retribution and rehabilitation that recognizes the legal rights of both the offender and the victim.

• 3.2 Demonstrate an understanding of the elements of a criminal offence, such as actus reus, mens rea, and absolute liability.

• 3.3 Describe and analyze criminal offences that involve people, such as homicide, assault, and sexual assault.

• 3.4 Describe and analyze criminal offences that involve property, such as theft, robbery, and breaking and entering, as well as other criminal offences, such as drug trafficking and possession, identity theft, and fraud.

• 3.5 Develop 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.

• 3.6 Describe the major steps involved in investigation and arrest, including the collection and analysis of evidence, detention, and pretrial release.

• 3.7 Identify and describe defences for the accused, such as mental state, self-defence, and duress.

• 3.8 Describe 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.

• 3.9 Describe 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 the advantages and disadvantages of different types of sentences, such as probation, conditional sentences, and incarceration.

• 3.11 Distinguish between adult sentencing and the procedures for sentencing young offenders, as outlined in the Youth Criminal Justice Act.

• 3.12 Explore the concept of restorative justice through alternative measures, such as sentencing circles and family group conferencing, 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 judicial system 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).

• 4.1 Define civil law and how it is differentiated from criminal law, particularly in terms of purpose, structure, procedure, and resolution.

• 4.2 Assess the various elements involved in civil procedures, including parties involved in civil actions, stages in a civil action, class action lawsuits, and civil courts.

• 4.3 Describe various types of compensation, such as damages and injunctions, as well as alternative dispute resolution methods, such as negotiation, mediation, and arbitration.

• 4.4 Examine Indigenous practices and case law regarding rights on reserves, land titles, and Treaty lands, as well as property rights on reserves and civil actions against government, such as residential school compensation and Treaty and land rights.

• 4.5 Analyze elements, examples, and defences of intentional and non-intentional torts, such as negligence, invasion of privacy, and defamation of character.

• 4.6 Explain the main elements of contracts, including the factors that can invalidate them, and the different types of contracts available, such as cell phone contracts, parking agreements, purchases, rent, warranties, and mortgages.

• 5.1 Explore the definition of a family in legal terms in Canada, and describe what constitutes family law, including marriage, child protection, and family assets.

• 5.2 Describe and understand the legal requirements of marriage and common-law relationships, including same-sex partnerships, and limitations, such as age, polygamy, and consent.

• 5.3 Examine the legal requirements and procedures of separation and divorce, including mediation, spousal support, and division of property, as well as protection for individuals in abusive relationships.

• 5.4 Describe 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.

• 5.5 Explore issues related to custody of children, such as types of custody, access for non-custodial parents, and child support.

• 5.6 Examine past and present policies related to customary Indigenous practices and interventions into Indigenous families by governmental agencies, such as adoption of Indigenous children, the Sixties Scoop, residential schools, and interactions with Child and Family Services.

• 5.7 Analyze issues related to family law, such as cultural expectations, economic factors, and the effects of reproductive technology on families (e.g., surrogate motherhood and in-vitro fertilization).

Using the learning 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; or Environmental Law.

Theme 6A: International Law

• 6A.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 of nationality, 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 and the 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 in Germany.

• 6A.7 Evaluate the impact of the United Nations Declaration on the Rights of Indigenous Peoples on Canadian law.

Theme 6B: Human Rights Law

• 6B.1 Explain the reasons for the creation of the Universal Declaration of Human Rights and key concepts associated with the declaration.

• 6B.2 Identify the fundamental freedoms and legal safeguards entrenched in the Canadian Charter of Rights and Freedoms and compare them with those contained in the Universal Declaration of Human Rights.

• 6B.3 Explain the means by which a person can exercise their rights under the Charter, such as challenging a provincial or federal 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 and responsibilities.

• 6B.5 Analyze situations in which rights and freedoms may conflict, such as those involving freedom of expression, hate literature, traditions, and defamation.

• 6B.6 Examine the rights of groups or individuals in Canada that have not been respected, such as Indigenous rights, minority rights, 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 of Indigenous Peoples in Canada.

• 6B.8 Assess the contribution of key people and organizations in the promotion of human rights both nationally and internationally.

• 6B.9 Measure the effects of collective action, such as petitions and special interest groups, on the evolution of law in democracies.

Theme 6C: Youth and the Law

• 6C.1 Analyze the fundamental rights described in the Declaration of the Rights of the Child (1959), as well as the guiding principles of the Youth Criminal Justice Act (2003).

• 6C.2 Assess the effectiveness of international laws with regard to respecting children’s rights.

• 6C.3 Analyze the impact of educational inequities on First Nations communities and the changes that are being made to improve access to education.

• 6C.4 Debate the rationale for treating youth differently from adults in issues such as voting, driving, consent, school attendance, 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 explain the 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 Youth Criminal 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.

Theme 6D: Labour Law

• 6D.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 the workplace.

• 6D.3 Describe the key elements and protection granted to workers by provincial and federal legislation, such as the Workers Compensation Board of Manitoba, the Canada Labour Code, the Trade Unions Act, the Labour Relations Act, and the Employment 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, and severance.

• 6D.6 Analyze the effects of the liberalization of trade exchanges, globalization of the economy, and technological change on the future of collective bargaining and workplace regulations.

• 6D.7 Analyze the rationale and impact of employment equity policies on groups such as Indigenous Peoples, women, visible minorities, and people with disabilities.

• 6D.8 Explore issues related to migrant workers, such as temporary foreign workers, skilled workers entering Canada, and human trafficking.

Theme 6E: Environmental Law

• 6E.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 municipal governments as it relates to such areas as forestry, fisheries, endangered species, waste management, and hazardous materials.

• 6E.3 Assess the effects that international agreements such as the Kyoto Protocol (1997) and the Paris Agreement (2016) have had 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 practices and environmental impact.

• 6E.6 Analyze specific criminal or civil cases related to environmental laws, such as nuclear incidents, oil spills, or poaching.