WDW101Y1 Lecture : Lecture 2
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.