CJS 211 Lecture Notes - Lecture 14: Indictable Offence, Constitution Act, 1982, Summary Offence
13 Aug 2020
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Parliament must not only find legislative authority within constitution act 1867, but must exercise it subject to individual rights and freedoms guaranteed by charter (para. Charter enacted under constitution act, 1982, imposes limits on jurisdiction of all governments, subject to: (these show that charter is not supreme: s. 1 reasonable limitations clause, s. 33 notwithstanding clause , s. 32 charter does not apply to private actions. Charter can be used to strike down offences created by parliament, or to strike down rules of criminal procedure. Rules of practice: (not important for class, but for practice) Code, s. 482 gives power to create rules of practice to govern administrative mechanics of practice in criminal courts. Rules enacted by superior court and ontario court of justice, counsel must be familiar with them, e. g. , adjournment applications, getting off record. Sworn under oath before a judge or justice of the peace that an offence or offences has been committed.
