SOC 1500 Lecture Notes - Lecture 4: Expert Witness, Judicial Notice, Social Fact
14 Apr 2016
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Moot: dispute is no longer live; hypothetical or abstract question. Applied the test of 3 questions and found that his claim was moot and rejected his claim. Access to court: ripeness- whether a dispute has had not enough time to develop a sufficient legal and factual foundation. To prevent the courts from addressing cases that have not been solidified or other available remedies have been exhausted. Saumer et al v. attorney general of quebec [1964] s. c. r. Purely political matters or matters that do not raise a significant legal component should not be heard by courts. American doctrine, strict application has been rejected in canada. Supreme court has accepted cases considering foreign policy and constitutional conventions. Operation dismantle v. the queen [1985] 1 s. c. r 441- decided that americans should not be able to test missles on canadian soil as it felt that this test would violate section 7 rights. Previous talk about how to get into courts.
