Class Notes (808,488)
Canada (493,249)
Sociology (106)
SOCI 306 (6)

Jan 10th Notes.docx

4 Pages
Unlock Document

University of Victoria
SOCI 306
Don Fetherston

CRIMES – INTERACTIVE MODULE A. Jurisdiction to enact criminal law (injury to the public) In our federation which level of government has jurisdiction to enact criminal law? What is the authority? Federal level of government has jurisdiction to enact criminal law – under S.91 of the Canada Act (1867). A law enacted by a level of government acting beyond their constitutional powers set out in s.91 &92 of the Canada Act 1867 will be ruled __________ultra vires_______________________. This was originally the only meaning of “unconstitutional” in Canada. Now there is another meaning as well, namely Contradicts the Charter or the Constitution. Further, the Federal Government cannot enact criminal legislation on any topic or issue. Justice Rand in Margarine Reference Case (1949)(SCC), stated that a criminal prohibition must be enacted “with a view to a public purpose which can support it as being in relation to criminal law” (such public purposes include public peace, order, security, health, and morality”). e.g. RJR MacDonald Inc. v. AG of Canada (1995) SCC Issue: Did the Federal Government act within the scope of its criminal law power when it banned the advertising and promotion of tobacco products under the Tobacco Products Control Act, S.C. 1988, c.20. What would not be within the scope of criminal law power? • Lap-dance example – no touching while performing acts – it is not proper criminal law (to do with public health, but not in the same way as smoking). • Not getting a business license. • If it doesn’t create the stigma of criminality then it probably wouldn’t pass the test – you wouldn’t see the person committing the crime as a criminal. What are the most important criminal law statutes, both substantive and procedural? Criminal Code of Canada, Youth Criminal Justice Act – covers ages 13-18, if you commit a crime while under 13 then you cannot be charged and your parents are not liable (may be locked up under the Child Welfare Act for very short amounts of time or even taken away from their parents. Controlled Drugs and Substances Act. Canada Evidence Act. The Charter of Rights and Freedoms. Provinces are responsible are responsible for the “administration of justice” which includes the prosecution of criminal offences. There is also a division of power for incarcerated people _______________________________________________________ 1 Provinces can enact “quasi-criminal offences” under section 92 of the BNA Act – property and civil rights in the province and generally all matters of a merely local or private nature in the province. The constitution also allows imposition of punishment to enforce provincial law. Name some provincial offences. Carelessness. Motor Vehicle Act – speeding, cell use, no license, parking, etc. Food Safety Act, Liquor Control and Licensing Act. Business regulations. You can still be fined, but they are small fines and small terms of imprisonment – all summary conviction offenses (under $1000 and 6mths time) By virtue of judicial interpretation of the various provisions of s. 92 it is clear that a number of other critical matters fall w
More Less

Related notes for SOCI 306

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.