POLS 3130 Chapter Notes - Chapter 8: Parental Leave, Judicial Independence, Domestic Violence
13 Apr 2015
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Government can appear in court as a litigant through being sued or reference cases. Most frequent class of litigant and can appear directly in 4 ways, indirectly 1 way (intervene) Most common reason to prosecute offences and enforce municipal by-law. Criminal offences involve the government as the victim (the crown or crown attorney) Unique to canada-federal criminal law enforced by provinces-comes from division of powers- national standards influenced by locale"s community in which crime took place. Federal government can retain prosecution if provinces refuse (narcotics, income tax fraud, illegal fishing, terrorism since 2001), another exception is the territories. Feds have done this with gang memberships, firearm offences, international diplomat offences, crimes against humanity, war crimes, terrorism. Common for government to be sued-growing state increases potential. Examples are aboriginals and immigrants and the problems the government has given them. Other examples are those that are denied benefits or licenses.
