Welcome

LGL 111FA
Richard O. Gasparini
B.A. (Carleton), 1974 (Anthropology)
LL.B. (Ottawa), 1977
Called to the Ontario Bar, 1979

1979-1985 (founder) Gold, Gasparini, Fera and Denison (Ottawa)

Focus: Anything that came in the door and a lot of Legal Aid
trainwrecks

1985-1990 (partner) Honeywell, Wotherspoon (Ottawa)

Focus: Criminal Law, Family Law – Divorce, Custody,
Separation

1990-1998 (sr. partner)Lang, Michener (Ottawa & Toronto)

Focus: Personal Injury Litigation, Torts, Commercial Law

2
1998-2009 (Reg. Counsel)Canada Post Corporation (Ret’d.)
 Classroom Code of Conduct
1. Lateness / Class Interruptions
2. Use of Cell Phones, Blackberries, etc.
3. Use of Laptops, Ipods, Ipads, eReaders etc.
4. Bringing Food into the Class
5. Being prepared for Class discussions
6. Being called-upon in class
7. Courtesy / Respect toward others
8. (not) Using pirated / photocopied material (i.e.
Buying the textbook as required)
9. My name is “Mr. Gasparini” for everyone and
yours is “Mr. __” or “Ms. __” unless you direct
me otherwise.
10.Leaving class short of ending time
Lecture, September 7, 2010 – LGL 111 3
 Break-Out Group Questions
A. What is the dominant colour favourite amongst your group?
Divide that between the men and the women.
B.
C. What is the biggest risk anyone has ever taken in your
group? What was the outcome?
D.
E. How many people in your group participated in the G20
demonstrations and what was the main reason for doing
so?
F.
G. Of all the Canadian laws your group can think of, which one
(if any) should never be changed and why?
H.
I. Give your group’s best answer: “If you could ask Justin
Bieber any question what would it be?”
J.
K. Lecture 1, September 7th, 2010 (6:30 - 9:30 pm) 4
Regina v. Dudley and Stephens
(1884) QBD 273
Dudley and Stephens survived but were tried for murder. If


you were the Court hearing the case, what would be your
verdict?

Lecture 1, September 7th, 2010 (6:30 - 9:30 pm) 5

The Locke v. Hobbes View of Human Nature

John Locke Thomas Hobbes

Lecture 1, September 7th, 2010 (6:30 - 9:30 pm) 6

 The Law and Morality
Ethical Considerations

Natural Theory
 Positivist Theory


Lecture 1, September 7th, 2010 (6:30 - 9:30 pm) 7

 The H.L.A. Hart / Lord Devlin Debate

 Devlin (Naturalist) Hart (Positivist)

 Criminal law enforces • Some criminal laws are
moral standards (based on paternalistic and
Christian values) which interventionist;
must be maintained for the moreover tolerance of
survival of society activities Devlin
 considers immoral does
• Homosexuality not lead to moral chaos
• Gay Marriages •
• Abortion • No evidence to support the
idea that a society is
• Assisted Suicide worse-off when private,

self-regarding conduct
strays from society’s
espousal of positive
Lecture 1, September 7th, 2010 (6:30 - 9:30 pm) 8
morality
 Problems with Both Theories

Naturalist
 Positivist


• Morally neutral laws • Positivism is often

seen as amoral
•
• (to some) Morally •
repugnant laws • Theoretical
exist underpinning
requires the same
• leap of faith as does
• Difficulty in “Natural” law
articulating natural
ends •
• Easy leap to an abuse
• of power
• Subjectivity in aLecture 1, September 7th, 2010 (6:30 - 9:30 pm) 9
↑ ↑

Lo u is X IV President
Richard M.
Nixon

→
Ottawa
Police

Lecture 1, September 7th, 2010 (6:30 - 9:30 pm) 10

A : Ye s, w e ll th e re a re a lo t o f b le e d in g
h e a rts a ro u n d w h o ju st d o n 't like to
se e p e o p le w ith h e lm e ts a n d g u n s. A ll
I ca n sa y is, g o o n a n d b le e d , b u t it is
m o re im p o rta n t to ke e p la w a n d o rd e r
in th e so cie ty th a n to b e w o rrie d
a b o u t w e a k -kn e e d p e o p le w h o d o n 't
like th e lo o ks o f ...

Q : A t a n y co st? H o w fa r w o u ld yo u g o
w ith th a t? H o w fa r w o u ld yo u exte n d
th a t?

A : W e ll ju st w a tch m e .
Pierre Elliot Trudeau,
Prime Minister of Canada,
Interviewed on the CBC, October 17, 1970 following
the unprecedented implementation of the ‘War
Measures
Lecture 1, September 7th, 2010 (6:30 - 9:30 pm)Act’ 11
 Statutory Interpretation

Purposive Approach
 Textual Approach


• What was the • Focuses purely on the

legislature’s words themselves
intention?
•
• • Words given their
• What was the plain (“dictionary”)
statute’s purpose? meaning
• •
• The Act is read in the • Little or no need to
best way that look outside the
achieves that document for
purpose. interpretation
Lecture 1, September 7th, 2010 (6:30 - 9:30 pm) 12
 Purposive vs. Textual Approach

 New legislation begins with the

following words:


“The Widgets Act, Ch. 49, RSC 1990, is



hereby repealed ...”.



 How should a Court construe and what

is the effect of these words?
Lecture 1, September 7th, 2010 (6:30 - 9:30 pm) 13
Any court before which a person is convicted
for any offence in connection with the driving
o f a m o t o r c a r m a y, i f t h e p e r s o n c o n v i c t e d o f
the offence holds any licence to drive an
automobile under this Act, cancel the licence.

Zachary was the holder of an expired driver’s licence under

the Ontario Traffic Act. When he was driving his BMW RV-
Hybrid down the street he became annoyed at the way
another motorist, Tina, was driving. Zachary followed Tina
to a jam-packed shopping centre where Tina parked her car
so that it occupied two spaces. Zachary stopped his car and
ran over to Tina who was still sitting at the wheel of her
parked car and using her cell phone. Zachary said to Tina,
“You’re a fool, an imbecile and an idiot. You’re not fit to
drive a golf ball, let alone a car”. Zachary then punched
Tina on the nose and spit in her face. Further violence was
prevented by passers by. Zachary was later convicted of
assault in Criminal Court, fined $3000, and his licence was
suspended for 12 months following its renewal under
section 14.
. 14
Laws Should Be General in Application

Lecture 1, September13th, 2010 (6:30 - 9:45 pm) 15

Laws Must be Promulgated

Lecture 1, September 7th, 2010 (6:30 - 9:30 pm) 16

Laws Should be Prospective and Not Retroactive

Lecture 1, September 7th, 2010 (6:30 - 9:30 pm) 17

 Laws Should be Clear
• TITLE 14--AERONAUTICS AND SPACE
•
• CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
PART 39--AIRWORTHINESS DIRECTIVES--
Table of Contents

Subpart A--General

Sec. 39. 1 Applicability.   This part prescribes airworthiness directives that apply
to aircraft, aircraft engines, propellers, or appliances (hereinafter referred to in
this part as ``products'') when-- (a) An unsafe condition exists in a product; and
(b) That condition is likely to exist or develop in other products of the same type
design.   [Doc. No. 5061, 29 FR 14403, Oct. 20, 1964, as amended by Amdt. 39-
106, 30 FR 8826, July 14, 1965] Sec. 39. 3 General.   No person may operate a
product to which an airworthiness directive applies except in accordance with the
requirements of that airworthiness directive.
• Subpart B--Airworthiness Directives

Sec. 39. 11 Applicability.   This subpart identifies those products in which the
Administrator has found an unsafe condition as described in Sec. 39.1 and, as
appropriate, prescribes inspections and the conditions and limitations, if any,
under which those products may continue to be operated.
• Sec. 39. 13 Airworthiness directives.   All airworthiness directives contained in Sec.
507.10 of the regulations of the Administrator are hereby transferred to this
section of the Federal Aviation Regulations.   Editorial Note: Airworthiness
directives prescribed under this subpart were published in full in the Federal
Register at 21 FR 9449, Dec. 4, 1956 . For Federal Register citations to
amendments in 1957 and subsequent years, see former Sec. 507.10 of this title,
in a separate volume entitled
Lecture 1,``List of Sections
September Affected
7th, 2010 1949-1963.''
(6:30 - 9:30 pm) See also 18
Sec. 39. 13 in a separate volume entitled ``List of CFR Sections Affected, 1964-
 Laws Should Not be Contradictory
Keeping
 the Peace / Public
Order /
Freedom of Assembly /

Ont. Pub. Works Protection

Speech Act

. 19
Laws Should Not Make Impossible Demands

Lecture 1, September 7th, 2010 (6:30 - 9:30 pm) 20

Laws Should be Reasonably Constant & Durable

G re e k
Le g a lC o d e

C ir. 3 0 0 0 B C

Lecture 1, September 7th, 2010 (6:30 - 9:30 pm) 21

Laws Should be Reasonably Capable of Enforcement

Lecture 1, September 7th, 2010 (6:30 - 9:30 pm) 22