WDW101Y1 Lecture Notes - Fundamental Justice

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puceimpala206

16 May 2011

School

UTSG

Department

Woodsworth College Courses

Course

WDW101Y1

Professor

David Davies

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Document Summary

Limits on criminal law (part ii) canadian charter of rights and freedoms. Recap: only the federal government can enact criminal legislation s. 91 (27, criminal law in canada is codified no common law offences s. 9(a) In reality judges can crate new defences at any point in time if you can convince to agree with you you can create a defence. Big ideas: three types of offences in canada. Summary, indictable and hybrid (choice is the crowns: not all penal legislation enacted by the federal government is valid (margarine reference)- in order to be valid it ahs to be written in the right form: Rule: parliament is not entitled to enact criminal law that constitutes an unjustified violation of one of the rights guaranteed in the charter - Note: not all violations render law unconstitutional . Question: is the violation unjustified ?- look if a piece of legislation is consistent or inconsistent with the charter.

Related Questions

7. Regarding the Canadian Charter of Rights and Freedoms, which of the following statements is false? a) The Charter governs all Canadians. b) The Charter has different legislation for different provinces. c) The Charter guarantees freedom from discrimination both in and beyond the workplace. d) The Charter guarantees freedom from discrimination on the basis of race, ethnicity, colour, religion, sex, age, and disability. e) The Charter and human rights legislation are different concepts.

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."

coralmosquito108

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

roseyellowjacket451

WDW101Y1 Lecture Notes - Fundamental Justice

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