筆錄 任大偉
Lesson 2 of anti-racism zoom lecture
hosted by: Maple Leaf Club
Moderator: Xie Ru, President of Maple Leaf Club
Lecturer: Officer Hu Yi of the 33rd Precinct of the Toronto Police Station
Students: Some volunteers from the Maple Leaf Club
Number of participants: 43
A. Tips:
In the first lecture, racial discrimination was introduced.
Introduced the forms of racial discrimination, legal definition, punishment methods, etc. If discrimination does not rise to the crime of criminal law, there are only civil compensation and punishment of police admonition. In the second lecture, hate crimes were introduced.
Introduces the manifestations, legal definitions, and punishment methods of hate crimes. Hate crimes are criminal offences. Appropriate criminal penalties will be imposed.
B. Class notes.
1st First of all, the basic context of the legal concept is reaffirmed: the establishment of human rights --> the maintenance and protection of human rights --> the punishment of violating human rights.
The legal status of human rights. The scope (part) of the constitution is higher than the status of the criminal law. Respect, be familiar with and understand relevant human rights regulations:
1. United Nations, "Declaration of Human Rights"
2. Canadian Federal Declaration of Human Rights and Freedom 3. Ontario's Bill of Rights
2nd. Second, the legal category of hate crimes.
1. Hate crimes refer to injuries, property destruction, death threats, etc., and all crimes motivated by hatred within the scope of criminal law. Including death threats, such as simply saying: Going to kill someone.
2. Racial hate crimes: refers to crimes caused by race as the motive and purpose. Such as place of birth, nationality, skin color, etc.
3. Hate crimes are different from general crimes in terms of sentencing. Heavier than normal crimes.
4. The Canadian Commonwealth Declaration of Human Rights and Freedoms is part of the Constitution.
Freedom and human rights are supreme in Canada. Criminal suspects also enjoy human rights. Silence is also a human right. Local laws violate the Charter of Human Rights and Freedoms and are unconstitutional.
Canada only abides by the law and does not rely on reason. Swearing is not a crime, threatening to break the law.
.3rd Questions and answers in class (omitted) and case analysis.
1. Judgment on human rights law and criminal law.
A man was stopped by police for speeding, and a gun and drugs were found in his car and he was charged with criminal charges. Court acquitted. The reason is pure traffic violation. The police have no reason to search and search the vehicle. violation of human rights.
Impunity for crimes is irrational but legal. Innocent until proven guilty. These are reflected in the fairness of the judicial process in Canada.
2. Judgment on human rights law and differences in cultural backgrounds and ethnic customs.
The family of four depended on their father to work in a restaurant for one person. His eldest daughter often skips classes and stays out at night. During a father-daughter argument, the father slapped his daughter and the daughter's boyfriend called the police. The father was arrested and criminally charged with no contact with his daughter until the case was closed. This means that father and daughter cannot live together during this period. It has brought a great negative impact on family life, emotion and economy.
From the perspective of Chinese Americans, this is just a family conflict, not serious. From the perspective of certain national cultures, this is the absolute power of parents. But Canadian criminal law does not allow it.
3. Judgment between human rights law and traditional ethics.
A father worked hard to train his daughter to study, go abroad to Canada and try his best to provide financial support. Later, the father came to Canada to visit his daughter. But the daughter is indifferent to it and ignores it. Over time, the contradictions escalated. During the father-daughter quarrel, he beat his daughter and was called to the police. If the father is criminally charged, the father cannot leave the country until the case is over. The time for trial of the case is eight months to one year, or even longer. will bring great inconvenience to life
The above is my compilation and editing based on the content of the lectures I listened to in class. It was approved by Police Officer Hu. For your study reference.
By learning and mastering relevant knowledge, we understand the relevant laws, know what powers we have, and know how to deal with them.
Volunteer students are welcome to enrich relevant content, raise topics for discussion, and provide experience. And encourage every member friend who cares about related topics to ask questions, discuss and communicate in the group.
David RenDawei May 2, 2023
Canaee
反种族歧视系列讲座课堂笔录[二]
筆錄 任大偉
反种族歧视zoom讲座第2课主办:枫叶俱乐部
主持: 枫叶俱乐部会长谢茹
主讲:胡一警官多伦多警察局第33分局学员:枫叶俱乐部部分义工参加人数:43人
A、提示:
第一讲，介绍了种族歧视。
介绍了种族歧视的表现形式、法律界定、处罚方式等。歧视若没有上升到刑法的犯罪，只有民事赔偿和警察告诫的处罚。第二讲，介绍了仇恨犯罪。
介绍了仇恨犯罪的表现形式、法律界定、处罚方式等。仇恨犯罪属于刑事犯罪。将会受到相应的刑事判罚。
B、课堂笔录。
一、首先，再次重申了法律概念的基本脉络人权的确立一>人权的维护与保障一>反人权的惩戒。
人权的法律地位。属于宪法的范围(一部分)高于刑法的地位。要尊重、熟悉和了解相关的人权法规:
1.联合国,《人权宣言》
2,加拿大联邦《人权自由宣言》3,安省《人权法案》
二、仇恨犯罪的法律范畴。
1、仇恨犯罪指伤人、破坏财产、死亡威胁等,所有刑法范围内以仇恨为动机的犯罪。包括死亡威胁，如仅仅说:要杀某人。
2、种族仇恨犯罪:是指以种族为动机和目的引起的犯罪。如出生地、民族、肤色等。
3、仇恨犯罪与一般犯罪的不同，在干量刑不同。比一般犯罪要从重。
4、加拿大联邦《人权自由宣言》是宪法的一部分。
在加拿大自由、人权至高。犯罪嫌疑人同样享有人权。沉默也是人权。地方的法律与《人权自由宪章》违背，是违宪。
加拿大仅遵法不会以理为准。骂人不犯法威胁犯法。
三、课堂问答(略)与案例分析。
1、人权法与刑法的裁判。
一男子超速行驶被警察拦截，从车中搜出枪支和毒品而被刑事起诉。法庭判失无罪。原因单纯交通违规警察没有搜查搜查车辆的理由。违反人权。
犯罪未罚不合理但合法。未证明有罪之前是无罪的。这些在加拿大都体现为司法程序的公正。
2、人权法与不同文化背景、民族习俗差异的裁判。
一家四口靠父亲一人餐馆打工。其大女儿经常逃课并夜不归宿。一次父女争论，父亲打了女儿一巴掌，遭女儿男友报警。于是父亲被逮捕并被刑事起诉不准与女儿接触，直到案子结束。这就意味着父亲和女儿在此期间不能住在一起。给家庭生活、情感、经济都带来了极大的负面影响。
从华裔的角度,这只是家庭矛盾，不严重。从某些民族文化的角度，这是家长的绝对权力。但是加拿大的刑法律不被允许的。
3、人权法与传统伦理道德的裁判。
一位父亲含辛茹苦培养女儿读书、出国加拿大并竭力给予经济支助。后父亲来加拿大看望女儿。但女儿对其冷淡、无视。日积月累矛盾升级。父女争吵中打了女儿一巴堂，被报警。若父亲被刑事指控，案子结束之前父亲也不能离境。而案子审理的时间在八个月到一年，甚至更长。会对生活带来极大的不便
以上为本人根据课堂听讲课内容整理编辑。经胡警官校可。供大家学习参考。
通过学习和掌握相关知识，使我们了解了有关法律知道了自己有哪些权力，懂得了如何应对。
欢迎各位义工同学充实相关内容 提出讨论题目，提供心得体会。并鼓励每一位关心相关话题的会员朋友在群里开展提问，讨论与交流。
David Ren大伟 2023年5月2日
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