CRM 100 Lecture Notes - Lecture 2: Populism, Mass Surveillance, Canadian Judicial Council
Document Summary
The adversarial system: we believe letting people run their own case is how we can get the best outcome, eg. Letting people pick their own witness: the parties decide what information gets given to the judge. C. f. the inquisitorial system: civil law / not private law , from former european colonies, different from adversarial mainly by the role of the judge, the judge gets more involved in the case in inquisitorial. The criminal law is responsible by the federal government not the provinces. Federal government also controls federal correctional institutions. Provincial government gets to make regulatory offences but not criminal laws: eg. The constitution act, 1867; this creates federal, provincial powers and then cities (municipal) get their authority from the province and constitution, etc. The provincial government also controls the administration of justice; courts, crown attorneys, and police. Power to make criminal laws (the constitution act, 1867, s. 91 (27)) Power to (cid:373)ake regulatory offe(cid:374)(cid:272)es (cid:271)ut (cid:374)ot (cid:862)(cid:272)ri(cid:373)i(cid:374)al(cid:863) laws.