LAWS 2301 Lecture Notes - Lecture 6: Quasi, Judicial Discretion, Inherent Jurisdiction

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18 Oct 2014
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Laws 2301 – October 21 – Lecture 6
Goals
Reference points (chapter 3)
Constitutional definition of crime (chapter 3)
- Hogg article
- MacNeil and Rio hotel cases (not on exam)
Role of parliament (3.1 in text)
- History/issues in production of parliament
- Trends/lessons
- Codification; role of a General Part
Role of the Courts (3.2 in text)
- Levels/powers (Hoskins; Murray)
Constitutional definitions
- Who is producing criminal law – issues around that
Reference points
- Input – 1) legal expertise 2) who is doing it-> their gender and class 3)
accountability
- Consistency of approach
- Certainty
- Speed/adaptability
1) Statutory/federal law
2) Case/common law/court
3) Constitutional
4) Regular/administrative
Constitutional Act, 1867
- Exclusive federal authority under section 91 to make criminal law
- Provincial authority under section 92 to process those who are affected
by/charged under criminal law
- Quasi criminal law: prohibited but not federal
Hogg article
Criminal law in constitutional law:
- Prohibition
- Penalty
- “typically criminal public purpose”
- Ewaschuk says: “to serve a public purpose and to generally relate to public
peace, order, security, health or morality”
Ewaschuk on codification:
- Codified existing law in 1892
- Nothing re principles
- No common law offences, but common law defences allowed
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