LAWS 2301 Lecture Notes - Lecture 1: Margarine, List Of Civilisations In The Culture Series
27 Feb 2018
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In canada, criminal law is in federal jurisdiction constitution act, 1867 s. 91 (27) = defines formally + doctrinally what crime is. 92 (13) (15) and (16: both have certain prohibitions outside of criminal code. Criminal law formal constitutional definition: margarine reference [1949] scr 1. Margarine had to be a different colour than butter because dairy producers didn"t want margarine undercutting their butter business: criminal law consists of: A legitimate public purpose [affront to public order/rule of law - not a private concern] The court set out a number of valid public purposes, which included "public peace, order, security, health, morality. " Other public purposes were added in subsequent jurisprudence and these now can include environmental protection. The law comes from legislation but also lawyers. Doctrinally true crimes : have criminal stigma (if you do a crime, you should feel bad, require proof of some sort of fault. When is it political expressions? (see: ferguson riots, g20 riots).
