CRI225H1 Lecture Notes - Lecture 3: Geostationary Operational Environmental Satellite, Recap (Software), Fundamental Justice
13 Dec 2016
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S. 91/92 of the constitution limits power to enact criminal law. Criminal law is valid in the right form of prohibition + penal consequences. Criminal law is aimed at some sort of evil in respect of (1) public peace (2) order (3) security (4) health (5) morality. Valid if it falls somewhat within those five categories. Last week we finished off talking about section 7 right to life, liberty, and security of the person. Government cannot infringe or deny those rights unless they do it in a way that is consistent with fundamental justice. If some piece of legislation violates section 7, but is consistent with fundamental justice, then it is not a violation. Fundamental justice are common law principles recognized by the court, judge made principles. Principles that relate to the fundamental functioning of our judicial system. Have to give notice to the person it applies to.
