CRM 2300 Lecture 3: dcc 3102
27 Oct 2015
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Document Summary
The legality principle: the theory of sources. The canadian charter is the supreme law of the land. Sources as it relates to: the constitution. The law (statutes: the common law (jurisprudence and decisions of our court) Ratio-decidendi: the clenching element, the core reason behind the decision, and the reason for the outcome of the decision a) the canadian charter is the supreme law of the land. Criminal code of canada - criminal offences always have their source in statutory law (they always have to be created by criminal law) 742. 1 criminal code (imposing a conditional sentence, gave way to let criminals serve their sentences in the community rather than in jail: third source: jurisprudence in common law. Source to illustrate and provides the interpretation that the courts gave to criminal law: continues to apply in so long as not changed by statutes or other decisions.
