POLSCI 2D03 Lecture Notes - Lecture 3: Extraterritoriality, Responsible Government, Obiter Dictum
4 Apr 2018
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In canada, we always limit our governments, provincial and federal: limits to parliamentary supremacy. Federalism: charter, limits to parliamentary supremacy, the charter of rights and freedoms- stops governments from contravening these rights. Some wiggle room for legislature: amending formulae- if government want to change constitution, the need to follow formulae. He decided to advertise on the internet that you could go to these countries and procure the services of underage girls. He videotaped himself involved in these activities and then he stored the videotapes under his tv in his livingroom. Rcmp turned up with search warrant and found them. Issue whether the government could assert canadian law outside of canada in this case. Courts said federal government could pass laws saying that canadian laws are applicable outside of canada. Bakker convicted of 7 offences based on video evidence: delegation of authority- law making bodies can pass authority to somebody else, hodge v. the queen- 1883.
