LAWS 2301 Lecture Notes - Strict Constructionism, Summary Offence, Inherent Jurisdiction

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October 29th 2012
LAWS2301A
Lecture 7
Production: Role of the Court
> levels/powers (Hoskins; Murray)
> CCRF role (Cromwell)
> process issues:
- adversary process (Cohen)
- adversary process and the Charter (Young)
Police
> history
Assignment
Sources of Courts’ Power (Text)
•Criminal Code gives power to different courts to try different offenses
•federal/provincial legislation establishing/ continuing the courts
•inherent jurisdiction of common law (most serious power is that of contempt)
Ex: Entrapment- Comes as a defense meaning police cannot trick you into doing bad things that are
against the law. Therefore the defense of entrapment allows the person to a series of defenses where
the court stops the proceedings because of an abuse on the proceedings caused by the polices’ bad
decisions or enforcement SAYS THIS IS WRONG AND WE WILL NOT BE PARTY TO IT
Levels of Courts; NOTE: WE WILL NOT BE TESTED ON THESE
Provincial courts:
- Try summary conviction, absolute jurisdiction offenses
- Receive info, bails
- Preliminary hearings: the prosecution was to lay out evidence of offense; court can say whether
there exists sufficient evidence to charge
Federal superior courts:
- Try any non-summary conviction offenses
- Appeals from lower courts
- Federally appointed
- Development of policy issues in terms of case pronouncements and policy making
NOTE: It is rare that courts of appeal will take on new evidence; therefore if the evidence is bad it can
lead to wrongful convictions
Courts of appeal:
- Rights of appeal
- Questions of law
- Allows dismiss of case
NOTE: Most cases start and end in provincial courts
*** First case to come before the charter was brought forth by a newspaper company
How is CL produced in courts?
•Interpretation role
jurisdictional issues: Who has the right to make criminal law? Courts decide who has this right
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