CRI225H1 Chapter Notes - Chapter 3: Youth Criminal Justice Act, Regulatory Offence, Provincial And Territorial Courts In Canada
19 Jan 2020
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Document Summary
Constitution is the supreme law of the land. Constitutional division of powers between federal and provincial governments (created in: allows only parliament to enact laws concerning criminal law and procedure. Provinces can enact regulatory offences to help govern matters such as liquor licencing. Federal can enact regulatory offences to help it govern matters such as navigation and shipping within federal jurisdiction. To decide whether an offence is federal or provincial jurisdiction, determine law"s primary purpose. 1982: canadian charter of rights and freedoms added to constitution. Placed new restraints on state"s ability to enact and apply criminal laws. By recognizing rights (e. g. free of unreasonable searches and seizures, right to counsel, fair trial) Most charter litigations arise in criminal cases. If: criminal or regulatory offence or procedural provision violates a right protected by the. Then: government has an opportunity to justify the law under section 1 as a reasonable limit (demonstrably justifiable in a democratic society)
