CRIM 330 Lecture Notes - Lecture 4: Concurrent Jurisdiction, Implied License, Purposive Approach
5 Mar 2017
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Week 4 lec 4 jan 30. Back in week 1: charter jurisdiction. The various rights and freedoms set out in the charter operate to restrict the actions of government both as it acts through legislation, and as it acts through its agents (see s. 32). Charter exist in order to restrict actions for government not between individuals. Limiting governmental & government agent behavior ex. police actions. Unconstitutional conduct is remediable through s. 24 of the charter, while unconstitutional law is addressed in s. 1 of the charter and s. 52 of the constitution. Wherever charter rights violated, you have right to a remedy. Unconstitutional law = s. 52 of constitution act = constitution is supreme law of canada and any law inconsistent with the constitution is of no effect: charter analysis. Was there charter violation? (if no violation, no analysis) yes = Was is conduct violation or law violation.
