May 30, 2012
Provincial law can make laws regarding penal system such as fines or imprisonment only in order to
enforce its own laws within the jurisdiction.
Board of commons – Haldame tried to define what is criminal (too narrow and ambiguous). Criminal act
is one that by nature that belongs to criminal jurisprudence.
Xxx argued that there needs to be a definition for criminal law. An act is criminal if it is prohibited and
that prohibition is covered by penal. Prohibition followed by consequence.
Third element of public purpose came from the case of Margarine. – prohibit the selling and
manufacturing of Margarine because it was said that it was bad for the public health. The ruling was
challenged and brought to the Supreme Court who rejected it. Brought about new evidence tha