CRIM 135 Lecture Notes - Lecture 5: Regional Policy Of The European Union, Section 33 Of The Canadian Charter Of Rights And Freedoms, Arbitrary Arrest And Detention
20 Apr 2015
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Struck down provisions for 12 months: doctors cannot assist in suicide , consent cannot be given by the patient . The rules that define powers of federal and provincial government and, as a consequence, establish the rights and responsibilities of citizens. Government has no power to change the constitutional/ a strict policy or procedure must be followed. Bna 1867: set out federal and provincial powers, sec. 91 and 92: constitution act 1982 renamed bna to constitution act 1867. Maintained some british supremacy: nadan v r (1926, 1930/32 statute of westminister. Division of power is not entirely clear-cut. P. o. g. g. (peace order and good government)provision grants federal government residual lawmaking powers. Canada v phs community services society (2011: criminal law (federal) vs. health services (provincial, needles downtown being shared/ disease passed/ drugs=illegal, provincial won. Assisted suicide: federal government should have no right to decide, provincial health care should decide who lives, federal won.
