CRI225H1 Lecture Notes - Lecture 3: Fundamental Justice, Harm Principle, Harm Reduction
17 Jan 2018
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Document Summary
Two main sources of restrictions on power to enact criminal law: s. 91/s. 92 of the constitution. Courts play a role in defining what sorts of things can be crimes (as opposed to regulated some other way) Section 1-the canadian charter of rights and freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. Translation: *government can enact legislation that violates our charter rights if they do it through a piece of actual legislation if that piece of legislation is a reasonable limit in a free and democratic society. Criminal law is valid if it is in the right form: prohibition + penal consequence. Criminal law is valid if it is aimed at some public evil in respect of (posh-m: public peace, order security, health, morality. Criminal law cannot be overbroad (or grossly disproportionate) Criminal law must give notice to potential accused.
