CRIM 230 Lecture Notes - Reverse Onus, Narcotic Control Act, Ultra Vires

• School: Simon Fraser University
• Department: Criminology
• Course: CRIM 230
• Professor: Peter Smith

Document Summary

> from the lawmakers constitution act (bna act) gives federal government exclusive criminal law making power (s. 91(27)); > from the judges interpretations and decisions from them constitute the common law. Lower courts must abide by the decisions made by higher courts (precedent) Distinguish by saying facts are different (different matter entirely) or distinguish by saying too much time has passed (things have changed, people have changed their minds, etc) Is the law compatible with the constitution act (2 sub questions) > was the law passed by the proper government, or head of power . > is the law consistent with the charter of rights. Constitution act divides law making powers between the federal and provincial governments. S. 91 lists areas governed by federal government (including criminal law making power under. S. 92 lists areas governed by provincial government (including health, education, highways, regulation of property and civil rights)