CRIM 330 Lecture Notes - Lecture 2: Section 33 Of The Canadian Charter Of Rights And Freedoms, Narcotic Control Act, Strip Search

28 views5 pages

salmonleopard879

29 May 2022

School

Simon Fraser University

Department

Criminology

Course

CRIM 330

Professor

Helene Love

For unlimited access to Class Notes, a Class+ subscription is required.

Document Summary

Crim 330 [2]: evidence illegally or improperly obtained. Evidence: reconstruct past event, real evidence, objects standing for what they are, knife & gun, statements, remembering, stories (witness, other, documents & film. Charter: guarantees right, applies to all government levels and hard to repeal, part of constitution act 1982. Declaring law unconstitutional: s. 52 (1, any law inconsistent with charter is of no force/effect, ex. Inconsistent with charter protected rights: reverse presumption, burden on accused (person in possession to prove innocence, reasonable limit (yes) Is there pressing & substantial objective: yes, rational connection, yes, minimal interference, yes, benefits/salutary effects, yes, reasonable limit, reasonable limit (no) Is there pressing & substantial objective: no, no reasonable limit, no force/effect. Process statutes authorizing search: does statute violate right, yes, reasonable limit in free & democratic society, yes, ok, no, no force/effect. Process any order that is just: does action violate right, yes, get order that is just in circumstances.

Related Questions

Why is the Death Penalty Constitutional when, under the 8thAmendment to the U.S. Constitution the government inflicting"cruel and unusual punishment" is a violation of yourindividual rights?

	A.	Under the Due Process Clause of the 5th and 14th Amendment,neither the Federal, nor the State Governments can depriveindividuals of "life,liberty, or property"without Due Process of the Law. Which implies that theycan WITH Due Process.
	B.	The Eight Amendment guarantees the state application of crueland unusual punishment
	C.	The Ninth Amendment's guarantee that individuals have lessrights than the state or federal government when deterring violentcriminals to protect society for the greater good.
	D.	The Fifth Amendment's guarantee against self-incriminationprotects the government from the 8th Amendment provision
	E.	The Death Penalty is not Constitutional

roseyellowjacket451

7. Regarding the Canadian Charter of Rights and Freedoms, which of the following statements is false? a) The Charter governs all Canadians. b) The Charter has different legislation for different provinces. c) The Charter guarantees freedom from discrimination both in and beyond the workplace. d) The Charter guarantees freedom from discrimination on the basis of race, ethnicity, colour, religion, sex, age, and disability. e) The Charter and human rights legislation are different concepts.

Which of the following is one of the differences between the Articles of Confederation and the new Constitution created during the Constitutional Convention in 1787?

		The Constitution of 1787 increased the number of states.
		The Constitution of 1787 increased the power of the national government.
		The Constitution of 1787 included a national legislature.
		The Constitution of 1787 included a guarantee of political sovereignty for each individual state.

cyanturtle416

CRIM 330 Lecture Notes - Lecture 2: Section 33 Of The Canadian Charter Of Rights And Freedoms, Narcotic Control Act, Strip Search

Document Summary

Get access

Related Documents

CRIM 330 Lecture Notes - Lecture 4: Concurrent Jurisdiction, Implied License, Purposive Approach

CRIM 330 Lecture Notes - Lecture 8: Determinative, Information Privacy, Voir Dire

CRIM 330 Lecture Notes - Lecture 11: Exigent Circumstance, Voir Dire, Police Misconduct

Related Questions