CRIM 135 Lecture Notes - Lecture 9: Legal Education, Juris Doctor, Bachelor Of Laws
19 Mar 2017
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Document Summary
Call it the supremacy clause because it states the constitution is supreme. Any laws that is inconsistent with teh constitution is in no effect. Provides constitutional remedy for any constitutional violation. Remedy is a declaration from the court that thte law shich violates the constitution is of no effect. Gives judges authority to strike down any legislation which violates any part of the constitution to the extent of violation (one section) Criminal code on abortion violated section 7 of the charter, court struck down relevant portion of the section of the criminal code using section 52. 1, provincial court of bc (trial court: general features. Lowest level of court: has 3 divisions, criminal, family and youth, small claims, resonsible government. To make decision in a case has to have jurisdiciton, statutory jurisdiction. Criminal jurisdicition of a provincial court of bc is derived from the criminal code. Hybrid offence- prosecution gets to decide how to treat the offence.
