LAWS 2301 Lecture Notes - Lecture 6: Quasi, Judicial Discretion, Inherent Jurisdiction
18 Oct 2014
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Laws 2301 october 21 lecture 6. Macneil and rio hotel cases (not on exam) Who is producing criminal law issues around that. Input 1) legal expertise 2) who is doing it-> their gender and class 3) accountability. Speed/adaptability: statutory/federal law, case/common law/court, constitutional, regular/administrative. Exclusive federal authority under section 91 to make criminal law. Provincial authority under section 92 to process those who are affected by/charged under criminal law. Quasi criminal law: prohibited but not federal. Ewaschuk says: to serve a public purpose and to generally relate to public. Typically criminal public purpose peace, order, security, health or morality . No common law offences, but common law defences allowed. Mostly piecemeal change since 1892 case will happen, courts will say change the law or else . Courts are restricted on certain rules such as who can get evidence. Narrow language & no principles set out to guide change. Statues often delegated authority with few guidelines.
