POLS 303 Lecture Notes - Narcotic Control Act, Margarine

• School: U of S
• Department: Political Studies
• Course: POLS 303
• Professor: Joe Garcea

Document Summary

Constitutional division of powers: criminal law and transportation. Unlike all other areas of law, criminal law seems to be the one we identify with the feds: 92 (27) Criminal law is federal jurisdiction in canada. Gives almost universal control over criminal law to feds. There is still a provincial role in criminal justice. Provinces have the power to make decisions over investigations, charges and prosecution of offences: 92 (14) gives provinces powers over the administration of justice. Establishment of courts of criminal jurisdiction is included in provincial power by 92(14). The creation of criminal courts is actually excluded from 91(27). Criminal trials largely take place in provincial courts. S. 92 (6) gives the provinces power over prisons as well, which hold offenders sentenced to less than two years. Federal government"s power over criminal law has proven difficult to define. Margarine reference (1951), where the law in question prohibited the manufacturing, importation and sale of margarine.