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Lecture 5

CRIM 135 Lecture Notes - Lecture 5: System 6, Service Canada, List Of Sega Arcade System Boards


Department
Criminology
Course Code
CRIM 135
Professor
Graeme Bowbrick
Lecture
5

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Implied bill of rights
With a constitution similar in principle to that of the UK
Important phrase because judicial interpretation, since 1867
On various occations high courts said it give rise to the implied bill of rights
If the constitution in principle is similar to eht UK then implies we have the same
constitutional principles and rights as UK since 1867
Not stated but implied through the phrase
From 1867 and 1982 canada did not have a written bill of rights
So we had implied bill of rights
4 elements of implied bill of rights
Basic democratic rights
Freedom of speech
Freedom of express
Freedom of assembly
Right to gather together
Freedom of association
Right to form associations
Essential to proper functioning democracy
Democracy is not casting a vote
If a democratic country does not have these rights then it is not a
democratic country
Can read the document in 1867 and wont see these rights because it is implied
Similar to UK= Uk has these
The doctrine of parliamentary supermacy
Parliament is the supreme law maker
Can appeal, change, any law it wishes as long as it doesn’t violate constitution
Inherited this by implication
Doctrine of responsbile government
Government is accountable to the people
Accountable through the electoral process
Our right to vote in elections
To choose our government
Right to vote
Right to have regular elections
Implied from 1867- similar to UK
Doctrine of rule of law
Governed by law, and not by arbitrary exercise of power
Only power that can be exercised is power according to law
Government must act according to law
Not by arbitrary power because….
Unpredictable
Exercised on a whim by a powerful person
Authoritarian
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Unstable society
Law applies to everyone, equality before everyone
No one is above the law
Conduct ourselves according to law
Ex Monarchy is not above the law (French Revolution of 1789)
Ex Roncarelli vs Duplessis 1959 (famous Canadian case)
1940s of Quebec, very conservative. White, catholic, no tolerance for
minority religions (Jehovah witness). In order to promote their religion
they needed permission from Chief of Police. Would not be granted,
promote anyways and go to jail. ROncrarelli owns a restaurant (Jehovah)
and would bail these people out. Duplessis (Premier of Quebec) revok his
liquor license. ROncralli did not break any liquor license requirement so
he sued, went to SUCC. won. But died penniless
Government exercised arbitrary power
No lawful authority for what “you” did
Resolute disputes according to law
No one is above the law (not even the premier)
These 4 elements are in the implied bill of rights. Which comes out of the phrase above.
Very important because 1867-1982 this was it
The charter came out in 1982
The division of legislative powers (DOP)
Constitution defines powers of branches of government
Constitution of 1867 establishes the branches to define power
Introduction: the federal system of government
Divides legislative power into 2 parts
National parliament (federal)
Regional legislatures
Between the federal and the provincial legislature (10)
Used to try to overcome or address differences in society
Used where there are geographic challenges, very parge countries
Federal and regional are equal in power, each has own area
Federal legislative power: section 91
Sets out federal legislative power under the Constitution act of 1867
The POGG Clause and residual power
The queen can only make laws with advice and consent of the House of
Commons and Senate
Peace order and good government of Canada (POGG)
Federal government has the power to make POGG of Canada in relation to
subjects not assigned exclusively to the provinces
Residual power
Ensures there are no gaps in the constitution
Many specified areas of federal authority (91)
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