CRIM 135 Final: CRIM 135 EXAM PREP
20 Apr 2016
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Document Summary
General procedure for amending constitution of canada. Atlas 50% of pop off all provinces - 7/10 doesn"t apply of the 3 saying no is more than. 2/3 = 7/10 - did a faction because they didn"t know if the number of provinces would stay the same. Section 2, 7-15 of charter can technically be overwritten by provincial/federal legislation. Degree of control test: ultimate/extraordinary control - charter doesn"t apply, ordinary/route/everyday control - charter does apply. Disincentive - law enforcement - violating rights. Evidence that was obtained when a charter violation has taken place, it isn"t valid. Section 24 remedy clause (enforcement of guaranteed rights and freedoms) Rights that are inherent in being aboriginal. Treaty rights - like a contract - what you get in exchange and constitutional status. Jurisdiction over spousal support claim, child support claims, child custody disputes. When provincial government thinks a child need to be removed. Youth offender proceedings - 12-17 are youth offender.
