POL 151 Lecture 3: Pol 151 - Lecture 3
27 Feb 2018
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Document Summary
S. 92 purely provincial : least serious offences but the greatest volume of cases, any court can choose not to apply laws if they deemed unconstitutional, bottom of the hierarchy and can"t enforce precedence. S. 96: provinces organize the courts but the judges are appointed by the federal government, can strike down laws which in turn would be binding to s. 92 courts (however, only binding to the courts in that province) S. 101 purely federal : can strike down unconstitutional laws that would be binding to the entire country. Ontario and bc supreme court found that the definition of marriage was unconstitutional but they justified it so the laws remained (justification was social norms) Appeal court found the laws unconstitutional and could not justify. Questions of law: analyzing how the lower courts applied the law. Facts: the federal prison system contains adults who have been convicted for serious crimes.
