ADJ-1 Lecture Notes - Lecture 21: Misdemeanor, Extortion, Summary Offence
26 Oct 2020
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Federal vs. provincial: section 91 & 92 of the constitution act 1867, federal government has the power to enact criminal law, provinces have the power to administrate criminal law. Common law crimes abolished: section 9, cannot be convicted of a crime if it is only criminal under english law, must be a crime under canadian law. Criminal code: just a big, long statute. There are some laws that look like criminal laws and are provincially acted: highway traffic act. There has to be a statue enacted by parliament that make certain conduct a crime for them to be convicted. A law cannot be created on the spot when it is under doubt if someone is committing a crime, the statue has to be in place prior for someone to be convicted. Criminal code statute: most of them are in a piece of legislation called the criminal code. Only to crimes that have been committed in canada.
