LAW 201 Lecture Notes - Lecture 3: Justin Trudeau, Judicial Interpretation, Liquor Control Board Of Ontario
12 Jun 2018
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Lecture 3: Intro to Constitution part 1
Constitutional law:
• Creates our institutions of government
• Regulates relationships between the branches of government
• Constrains the way in which government interacts with individuals
It includes:
• Written constitution
o Constitution act 1867
o Constitution act 1982
▪ Included charter of rights and freedoms
• Additional entrenched statutes, orders in council etc.
• Unwritten elements
o Principles
▪ Judicial interpretation, help us fill gaps, interpret the constitution
o Architectural elements
▪ Courts will imply certain rights in the constitution ex. Implied bill of rights
(freedom of political speech before the constitution)
o Conventions
▪ Regular practices around the constitution
Constitution- mainly operates in relation to:
• The Legislative Branch
• The Executive Branch
o Ex. Justin Trudeau
o Public officials cannot make the law under the constitution, they play a role in
carrying it out
o They are constrained in the way they carry out the law by laws passed by the
legislative branch
• The Judicial Branch
o The courts are created and recognized throughout the constitution
o Judicial independence, security
o Constitution is supreme law, meaning a decision cannot conflict with the
constitution and the courts help withhold this
Examples of Constitution
• Marijuana is not legal, and the law has criminalized possession of marijuana (except
medical marijuana)
• The government has decided to legalize marijuana. Once this is now legal, how will
sales work? Provinces play a role in regulation and how it will be sold. In Ontario, we
will have a certain store like LCBO but for marijuana
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