Class Notes (807,841)
Canada (492,871)
POLS 303 (23)
Joe Garcea (23)

Constitutional Division of Powers Criminal Law and Transportation Law - Nov. 6, 2012.docx

2 Pages
Unlock Document

University of Saskatchewan
Political Studies
POLS 303
Joe Garcea

Constitutional Division of Powers: Criminal Law and Transportation Law November-06-12 1:00 PM Unlike all other areas of law, criminal law seems to be the one we identify with the feds. S. 92 (27)  Criminal law is federal jurisdiction in Canada.  Gives almost universal control over criminal law to feds.  There is still a provincial role in criminal justice.  Enforcement of criminal code.  Provinces have the power to make decisions over investigations, charges and prosecution of offences. S. 92 (14) gives provinces powers over the “administration of justice.” Areas of overlap!  Establishment of courts of criminal jurisdiction is included in provincial power by 92(14).  The creation of criminal courts is actually excluded from 91(27).  Criminal trials largely take place in provincial courts.  S. 92 (6) gives the provinces power over prisons as well, which hold offenders sentenced to less than two years. Defining criminal law  Federal government’s power over criminal law has proven difficult to define.  Searching for balance:  Margarine Reference (1951), where the law in question prohibited the manufacturing, importation and sale of margarine.  JCPC (still hearing appeals in process before abolition in 1949) adopts the reasoning.  Rand’s reasoning hints at a third layer of criminal interpretation:  Not as restrictive as Haldane or as broad as Aken Federal criminal power?  National standards over food and drug?  The court upheld the Labatt’s argument that criminal power should not be used to impose the standards in the creation of beer.  National standards and tobacco:
More Less

Related notes for POLS 303

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.