Class Notes (837,612)
Canada (510,370)
Criminology (2,472)
CRM2305 (97)
Sam Alvaro (32)


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Sam Alvaro

th Sept 16 2014The Rule of Law and Sources of Public Law Mastering the lawless science of our lawThat codeless myriad of precedentThat wilderness of single instancesThrough which a few by wit or fortune ledMay beat a pathway out to wealth and fameTennyson Aylmers FieldThree Goals1 Rule of Law2 Sources of Public Law3 Hierarchy of Public Law SourcesRule of LawA concept of the utmost importance but having no defined nor readily definably contentOxford Companion to Law Advocates tend to read into the principle of the rule of law anything which supports their particular view of what the law should beSingh v Canada AG 2003 3 FC 185 CA Strayer JAmeaningless phraseRoncarelli v Duplessis 1959 SCR 121SCR 121supreme court reports of 1959 starts at page 121FactsJehovah Witness and Duplessis was Premier of Qcthey were distributing pamphletsAwakeThe Watch Towerthe province started charging Jehovahs with distributing pamphlets without a licenseRoncarelli was a restaurant owner in Montreal and started posting bail300400 peoplePremier hired a private investigator to find out who was posting bail and then revoked his liquor license when he got his infoLegal Issuewhen the de facto power of the Executiveis exercised deliberately and intentionally to destroy the vital business interests of a citizen is there legal redress by him against the person so acting p 93Was it lawful for Premier Duplessis to revoke Mr Roncarellis liquor licenseConclusionNo the revocation of the liquor license was not lawfulSupreme Courts AnalysisThis calls for an examination of the statutory provisions governing the issue renewal and revocation of liquor licenses and the scope of authority entrusted by law to the AttorneyGeneral and the government in relation to the administration of the Actin our system you are free to do anything you want unless there is a law saying that you cant the restrictions and provisions must be clearpremier used his power to cancel a permit for no reason related to section 35 but for his own personal reasonsupreme court decision was split 63foundational case for rule of law and has been cited over 600 times in decisions since 1959An Act Respecting Alcoholic Liquor s 35
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