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9-criminal procedure evidence.docx

2 Pages

Legal Studies
Course Code
LS 202
Frances Chapman

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LS 102 CRIMINAL PROCEDURE AND EVIDENCE FEB 26 Constitution Act, 1982 - Charter of Rights and Freedoms was created under the constitution  First 34 sections of Constitution  British North America Act  Parliamentary Supremacy  Parliament/legislation can repeal or enact any law it chooses reasonably - Defines roles of different laws and how they work together and mechanisms for how they can be change  Something is beyond federal or provincial governments power and can override parliament - If judge sees application of law is improper can send back to parliament to redraft - Reading down  Interpreted as narrowly as possible - Reading in (to interpret legislation)  Done less frequently, judge adds a few words in legislation Criminal Procedure – Search Warrant - Police/government investigators have power to search and seize property when needed in prosecution and the investigation of crime - Charter – “secure against unreasonable search and seizure” - Very specific ways that police can do searches without warrants because don’t want police to have too much power Cellphones - Have charter rights to be free from seizure, but sometimes need to search if contains evidence related to crime - Obtaining search warrant may take too long - Search cannot be done in an abusive fashion Charter – Exclusion of Evidence - Way e
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