🏷️ LIMITED TIME OFFER: GET 20% OFF GRADE+ YEARLY SUBSCRIPTION →
Log in
HomeClass Notes1,200,000CA670,000

WDW101Y1 Lecture : Lecture 2

68 views7 pages
blueduck348
15 Mar 2011
School
UTSG
Department
Woodsworth College Courses
Course
WDW101Y1
Professor
David Davies

For unlimited access to Class Notes, a Class+ subscription is required.

Document Summary

Review from last week: only the federal government can enact criminal legislation s. 91(27, criminal law in canada is codified no common law offences s. 9(a) Note- the same does not apply for defences s. 8(3) Not all penal legislation enacted by the federal government is valid (margarine reference) Crime- prohibited act +penalty + proper criminal law purpose (peace, order, security, health, morality) Rule- parliament is not entitled to enact criminal law that constitutes an unjustified violation of one of the rights guaranteed in the charter. The constitution of canada is the supreme law of canada, and any law that is inconsistent with the provisions of the constitution is, to the extent of the inconsistency, of no force and effect. If law is inconsistent with the constitution, of no force and effect. Already talked about how can be inconsistent with ss.

Get access

Grade+20% off
$8 USD/m$10 USD/m
Billed $96 USD annually
Grade+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
40 Verified Answers
Class+
$8 USD/m
Billed $96 USD annually
Class+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
30 Verified Answers

Related Documents

WDW101Y1 Lecture Notes - Muhammed Azam Didamari, Narcotic Control Act, Overbreadth Doctrine
cyanbuffalo20
WDW101Y1
Final Exam
Study Guide
WDW101Y1 Final: WDW225 Exam Booklet - Precedents
blueduck348
WDW101Y1 Lecture Notes - Sylvia Fedoruk, Superior Court, Jury Trial
byzantiummuskrat913

Related Questions

How might the lack of broad federal legislation prohibiting age discrimination against younger workers contribute to their experiences of discrimination and harassment at work?

Why is the Death Penalty Constitutional when, under the 8thAmendment to the U.S. Constitution the government inflicting"cruel and unusual punishment" is a violation of yourindividual rights?

A.

Under the Due Process Clause of the 5th and 14th Amendment,neither the Federal, nor the State Governments can depriveindividuals of "life,liberty, or property"without Due Process of the Law. Which implies that theycan WITH Due Process.
B.

The Eight Amendment guarantees the state application of crueland unusual punishment
C.

The Ninth Amendment's guarantee that individuals have lessrights than the state or federal government when deterring violentcriminals to protect society for the greater good.
D.

The Fifth Amendment's guarantee against self-incriminationprotects the government from the 8th Amendment provision
E.

The Death Penalty is not Constitutional

Crimes Against Public Order. In some legislative contexts, public interests take precedence over individual rights and freedoms, and the crimes appear to be "victimless." One example of this is the criminal prohibition of prostitution. Please explain and analyze the rationale for the enactment of crimes which are arguably in this category, and give the pros and cons for such legislative action. Give several examples of crimes in this category and use the examples to illustrate the justification for and criticism of the enactment of "victimless crimes."