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CRM 2300 full notes

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University of Ottawa

CRM 2300Jan 13121Common vs Civil lawliberal principles of justiceCommon law developed in England and civil law in continental EuropeCivil law is based on a code apriorifirst with principles Common law allows judges to go out and solve cases individually As each case was decided they became a legal precedentDepends on the facts Civil law rules are rigid the common law system is always dynamic because it is changingRule of stare decisissays that the lower courts provincial are bound by the decision of higher courts Liberalism society is an aggregate of rational individuals Rational weighing the cost and benefit of their actions utilitarianismObey to protect ourselves from transgressorsThe role of the law is to maximize individual freedom Protect individual autonomy so we are able to make our own decisions right up until the point it affects another individual Taking away freedom and propertyrationale behind our social contract blameworthy Rational decision to act 2Historical backgroundColonized by the French and the English we have both common and civil law rootsCivil system existed in Quebec however everywhere else it was common law CriminalpublicCivilprivateCriminal law all across the country is a common law system BNA act 18671892 Canadian parliament took the common law and codified it in the first criminal code of Canada Divided crime into 3 categoriesIndictable summary convictionsdualhybrid offences Indictable procedural protections Dual hybrid crown decides whether to try as a summary or indictable based on facts1955 significant revision of the codecontempt of court allows the judge to protect procedureDefences 3Constitutional issues1867 BNA Section 91 federal peace order and good government legislative authority to make laws for criminal law 27 and procedure Section 92 provincialprovinces are responsible for setting up their own court system Property and civil rights private law and local Enforce laws with fine or imprisonment Quasi criminal offencesMargarine Case 1949SCC dispute over the manufacturing of margarine because of the hit the dairy industry would take Dairy Industry Act ultra virusillegal to manufacture import and sell margarine that wasnt dairy or cream based What is criminal law1 Prohibition 2 Penalty fineimprisonment 3 Law be addressing a public evil or behaviour that has a negative effecton the publicIntra virusinside your power4Charter issues Charter applies to both federal and provincial law making C2 fundamental freedoms Cannot pass a law that violates section 714 of the charter legal rights which are associated with the liberal principlesLife Liberty and security of the person maximize individual freedom Fundamental justice procedures open trials presumption of innocence cannot be arrested for no reason and must be given an opportunity to defend themselves
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