LAWS 2301 Lecture Notes - Strict Constructionism, Summary Offence, Inherent Jurisdiction
9 Feb 2013
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Sources of courts" power (text: criminal code gives power to different courts to try different offenses, federal/provincial legislation establishing/ continuing the courts, inherent jurisdiction of common law (most serious power is that of contempt) Ex: entrapment- comes as a defense meaning police cannot trick you into doing bad things that are against the law. Levels of courts; note: we will not be tested on these. Preliminary hearings: the prosecution was to lay out evidence of offense; court can say whether there exists sufficient evidence to charge. Development of policy issues in terms of case pronouncements and policy making. Note: it is rare that courts of appeal will take on new evidence; therefore if the evidence is bad it can lead to wrongful convictions. Note: most cases start and end in provincial courts. *** first case to come before the charter was brought forth by a newspaper company. How is cl produced in courts: interpretation role.
