Lecture 2

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University of Toronto St. George
Woodsworth College Courses
David Davies

WDW225 September 30, 2010 Limits of Criminal Law Part2 Lecture 2 Review from Last Week 1. Only the federal government can enact criminal legislation s. 91(27) 2. Criminal law in Canada is codified no common law offences s.9(a) NOTE- the same does not apply for defences s. 8(3) -every rule and principle of the common law that renders any circumstance a justification or excuse for an act or a defence to a charge continues in force and applies in respect of proceedings for an offence under this act 3. Three types of offences in Canada -summary, indictable and hybrid 4. 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) QUESTION- does crime have to prevent some identifiable harm to be valid criminal law? Charter Limits on Criminal Law 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? Starting Point Section 52(1) of the Constitution States 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. 9192 (division of power) Canadian Charter of Rights and Freedoms -part I of the constitution Act 1982 -forms part of the constitution -s.52(1) applies to the Charter -any law that is inconsistent with a provision of the Charter is of no force and effect to the extent of the inconsistency -some rights limit criminal procedure; others limit substantive criminal law Procedural Rights ss. 8-13 Section 8- everyone has the right to be secure against unreasonable search or seizure Section 10(b)- everyone has the right on arrest or detention to retain and instruct counsel without delay and to be informed of that right Substantive Rights Section 2- fundamental freedoms everyone has the following fundamental freedoms: a. Freedom of conscience and religion b. Freedom of thought, belief, opinion and expression, including freedom of the press and other media communication c. Freedom of peaceful assembly d. Freedom of association www.notesolution.com
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