LS202 Chapter Notes - Chapter 3: Regulatory Offence, Cobol, Summary Offence
18 Nov 2016
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The constitution is the supreme law of the land. Only federal government can enact laws pertaining to crime and procedure. Determining if it is federal or provincial requires one to look at the laws primary source. Can only claim your charter rights if you have been charged with an offence (important in criminal cases) If a regulatory offence or procedural provision infringes on ones charter rights, the government must justify this as reasonable limits in a free and democratic society under s. 1 of the ccrf. The law has been enacted for an important purpose. The bene t of infringing on someones ccrf rights outweighs the bad. S. 91(27) - federal govnt enacts laws for criminal law and procedure. Criminal law is contained in the ccc. Not all federal laws are criminal laws. Allow people to serve sentences in the community. In the states, the states can make criminal laws.
