LAWS 2301 Lecture Notes - Lecture 2: Jury Nullification, Assault Causing Bodily Harm, Insite
1 Feb 2017
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Legislation and the role of parliament- case readings. Sept. 2003) exemption not granted renewal in 2008: trail judge found it infringed against s. 7 of ccrf and granted a constitutional exemption from federal drug laws (interjurisdictional immunity, issues at hand over constitutional law. Exemption of powers of clinics (cdsa) as exercise of federal jurisdiction over criminal law. S. 7= rights to life, liberty and security of a person. R v. malmo-levine: issues at hand. S. 7 rights to life liberty and security of a person: narcotics acts prohibiting possession of marijuana. Whether provision is within legislative competence of parliament (ultra vires of parliament: first offender: found with 0. 5 grams of marijuana in possession carrying a 1000$ fine or 6month imprisonment for. Claim of infringement of rights was denied: second offender: part of a club that recognizes the harm associated with weed and seeks to reduce it.
