CRMN 2010U Lecture Notes - Lecture 3: Henry Morgentaler, Ultra Vires, Narcotic Control Act
19 Apr 2018
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Jurisdiction over criminal law (which level of government can enact criminal law) Constitution act, 1867: outlines federal and provincial powers. Charter of rights and freedoms: protection of individual rights and freedoms: constitution act, 1867, 91(27): exclusive power of the federal government to legislate on criminal law and procedure. Role of the provinces: jurisdiction over property and civil rights in the province (e. g. , regulation of highways, health, education, hunting, liquor control) (cid:858)(cid:395)uasi-(cid:272)(cid:396)i(cid:373)i(cid:374)al la(cid:449)(cid:859) See sections 91 and 92: http://laws-lois. justice. gc. ca/eng/const/page-4. html#doccont: quasi-criminal law: to establish standards prescribe certain criminal offences but only to establish these standards, charter of rights and freedoms, 11: right to be tried within a reasonable time; Judicial decisions: federal: criminal code, controlled drugs and substances act, food and drugs act, youth. Criminal justice act, etc: provincial: provincial statutes (e. g. , regulation of traffic, workplace safety, etc. Outlines specific offences and penalties, rules of causation, defences, procedural issues.
