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FSC360H5 (13)

Lecture #6

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University of Toronto Mississauga
Forensic Science
Hisham Ragab

thOctober 18 2011Lecture 6Canada Evidence Actpassed 1893regulated rules of evidence in court proceedings under Federal LawONLY applies to court proceedingsact also applies in provincial courts when they hear and determine matters under federal laws notably under Criminal Code federal statuteeach province has its own evidence actWhen a matter under provincial law is appealed to the Supreme Court of Canada the provincial evidence act will govern not the federal actThe Criminal Codeis law that codifies most criminal offences and procedures in Canada Its official title is an act respecting the criminal lawcontains some defenses but most are part of the common law rather than statute Important Canadian criminal laws not forming part of the code include the Firearms act the controlled drugs and substances act the Canada evidence act the food and drugs act the youth criminal justice act and the contraventions actCommon Lawaka case law or precedentdeveloped by judges through decisions of courts and similar tribunals rather than through legislative statutescommon law systemlegal system gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different occasionsbinds future decisionsin cases where parties disagree on what law is common law court looks past precedential decisions of relevant courtsif similar dispute has been resolves in the past the court is bound to follow the reasoning used in prior decisions aka stare decisisif the court finds the current dispute is distinct from previous cases matter of first impression judges have authority and duty to make law by creating precedent therefore new decision becomes precedent and will bind future courtsTEST REVIEWDifference between publicprivate lawpublic Set the rules for the relationship between the individual and society or for the roles of different govtSpeed limit controls freedomprivatedeals with the relationships between individualsCivil laws set rules for contracts property ownership transportation the rights and obligations of family membersConstitution Act of Canadaprovincialhospitals municipalities education except first nation property and civil rightsfederalcriminal law trade and commerce banking immigrationCanada Court System
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