LAWS 2301 Lecture 6: Legislation and the Role of Parliament
16 Jun 2016
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Exclusive federal authority under section 91 re: ss. 27 the criminal law, except the constitution of courts of criminal jurisdiction, but including the procedure in criminal matters: ss. 28 the establishment, maintenance, and management of penitentiaries. Exclusive provincial authority under section 92 re: ss. 14 the administration of justice in the province, including the constitution, maintenance, and. Organization of provincial courts, both of civil and of criminal jurisdiction: ss. The imposition of punishment by fine, penalty, or imprisonment for enforcing any law of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section. Criminal law in constitutional law: prohibition, penalty, typically criminal public purpose . In ewaschuk: to serve a public purpose and to generally relate to public peace, order, security, health or morality . Plaintiff seeking declaration that certain sections and regulations of theatres and amusement act (ns) unconstitutional as beyond the powers of the province.
