POLI 1119 Lecture Notes - Lower Canada
Document Summary
Presumptions: criminal law: in favour of the accused. Presumption of guilt boggles our mind; presumption of innocence: taxation law: in favour of taxpayer. Tax courts recognize that complexity of laws is ridiculous; as long as you"re honest: against alteration of common law. Very difficult to change; existed for hundreds of years: mens rea (guilty mind) The reasonable man must know that he is wrong: against retroactivity. If legal at the time, then no one can be charged for it even if it becomes illegal in the future. The role: adjudicating legal disputes between private parties. The law acts as a mediator between the two: adjudicating cases in public law, judicial commissions of enquiry, judicial review of the constitution. Doesn"t matter if it"s 9-0 or 5-4; that is the final decision/interpretation. Private party disputes: the regulation of disputes between private citizens. Keeps society civil: private disputes do not have to go to court mediation and arbitration allowed.
