CRM 2300 Lecture Notes - Lecture 2: Margarine, Reference Question, Ultra Vires
1 Oct 2017
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Criminal law: negotiating relationship between citizen and state: due process and the charter. Consitutiton act 1867/1982 ss91, 92: ultra vires (marqarue reference case, quasi- criminal. Charter 1982 ss7-11, 15: s1 oakes"s test. It is to control the superior power of the state vis- -vis the individual who has bear the detained by the state, thus placed on it power, that s7 and related provisions are primarily directed . Designed to circumscribe the coercive powers of the state within boundaries of justice and fairness to the individual. They are most formidable defences the individual can marshal against abuses of state power . Provincial level: it gets prisons, administration of justice and courts, s 92, they can fine and imprison you. Both federal and provincial get a divided power in criminal law. In order to a law to be criminal there has to be 3 things.
