LAWS 3305 Lecture Notes - Lecture 5: English Criminal Law, Western Settlement, Quarter Session
30 Sep 2020
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Document Summary
English crim law and institutions were not adopted in a vacuum in canada, but were imposed over pre-existing aboriginal and french systems. Reception = how an introduced system law comes to have authority in a discovered or conquered territory. Informal reception (set out in calvin"s case 1608, unification of scotch and english crowns) Local british authority has discretion to implement english law as reasonably applicable to circumstances in the territory. British subjects entitled to benefits of english law where feasible, toleration for aboriginal populations pursuing customary ways until the matter was settled by treaty (same for other settlers from other euro colonies taken over by brits) Euro settlement reaches enough people to need local representative legislatures and courts to regularly administer law. Law becomes hegemonic - all eng crim law in effect at the date of reception, becomes the foundation of the colonies criminal law. Law applies to everyone, bot just brit subjects.
