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Crim 135 Final Review

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Simon Fraser University
CRIM 135
Anna Lund

5 – Constitution - age of consent 12-14, 15-20 Jury Selection Process - can be dismissed if personal interest in case, relationship with judge, or personal hardship Pre-Emptory Challenge - the right to challenge a juror without assigning or being require to assign a reason to challenge - dismissed no challenge - if charged with treason/murder, 40 challenges - other 4 accused, crown gets 4 - each individual get challenge, judge gets the total Challenge for Cause - names not on the list - convicted offense, 12 months in prison - alienation, not same language; criminal code; not indifferent – ability to be impartial Sources of Constitutional Law Constitutional Convention - level of government cannot breach, not enforced - power of disallowance – up to 2 years to pass legislation, federal government can validate without reason - power of reservation – lieutenant governor give royal assent - Canadian pass resolution before British parliament to vote on Constitutional Legislation - Constitution Act 1867 - s.91 federal government rules, s.92 – provincial rules; s.95 both - ultra vires – beyond/outside jurisdiction; intra vires – inside/within jurisdiction - criminal law falls into federal power – 3 part test: 1. Prohibition, 2. Penalty, 3. Public/appropriate - peace, order, morals - pass legislation with peace, order, and good government in Canada, ‘‘Pogg Power’’ - national emergency or not local or private matter - Russell v. The Queen (1882); trying to ban alcohol through a by-law – Temperance Act - challenges law, ultra vires, property - matters of regulation, pass drug legislation - there is a matter which goes beyond local or provincial concern and by its nature must be of concern to the whole country Search for Amending Formula - constitutional convention - British parliament formalizes, won’t change unless asked - Trudeau wanted entrenched in provincial and federal government; gang of 8 - reference question, court of appeal, SCC - Charter – 1. Would affect provinces? - 2. Federal government have legal authority to unilateral to Britain? - 3. Constitutional convention, unwritten, provincial on side? (support from province) - not withstanding clause - can explicitly violate charter – ‘‘night of long knives’’ – Can. Bringing home constitution 1. General amendments (s.38 of constitution act) - resrdution has to pass senate and house of commons - 2/3 of legislative assemblies of provinces and 50% of national population - needed 7 provinces on board, up to 3 can opt out, need Ontario or Quebec 2. Unanimous amendments (s.41) - Senate, House of Commons and legislative assemblies of each province - reduce number of seats in senate - composition of SCC (number changes) - English/French 3. Province specific amendments (s.43) - Senate, House of Commons and legislative assemblies of affected province - e.g. board changes (involvement) Post-Pat
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