CRIM 335 Lecture Notes - Lecture 7: Fundamental Justice, Natural Justice, Absolute Liability
12 Nov 2018
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Crim 335 - lecture 7 - legal rights. Legal rights in charter govern legal process & establish various rights, including those typically associated w/ criminal prosecutions & conduct of trials. Legal rights provisions in charter begin w/ generally worded provision in s. 7. Then delineate more specific rights in series of sections running through to s. 14. 3 sets of key issues arise under s. 7 of charter. To understand operation of s. 7, consider scc"s ruling in reference re s. 94(2) mva (bc), [1985] 2 scr 486. Examined effort by bc gov to combine absolute liability offence w/ penalty of imprisonment for minimum of 7 days. Was relatively early chater case & first to address operation of s. 7 of charter carefully. Majority judgment of lamer j. suggests that s. 7 interpretation should not be overly influenced by doctrinal problems encountered in us due process jurisprudence.
