LAWS 2302 Lecture Notes - Lecture 2: Indictable Offence, Hybrid Offence, Summary Offence
18 Feb 2014
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Federal gov can enact laws regulating detention of criminally insane or those found unfit to trial. Section 91(27)constitution act 1867 federal jurisdiction. Section 92 provincial jurisdiction. Offences punishable by fines/jail ex highway traffic. Regulatory offences outnumber criminal charges. 2- ontario superior court of justice. 3- ontario court of appeals. 4- supreme court of canada. Hybrid offence: up to crown to choose how to proceed. Max sentence for summary offence is 6 months. Trial appeal for summary offences (tried in ocj) can be appealed in oscj* Indictable appeal tried in either ocj/oscj can be appealed in. 1982 constitution was amended to add charter of rights. Charter has become a defence attorneys greatest weapon in dealing with state misconduct. Influenced the states ability to legislate criminal law b/c it has to meet charter standards. Would be found invalid otherwise. Require a warrant or else evidence might be excluded. Charter of r&f respects reasonable expectations of privacy. Section 10 right to lawyer.
