CRIM 335 Lecture Notes - Lecture 4: Statutory Interpretation, Old Age, Mischief Rule
29 Nov 2017
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Document Summary
Judicial review was a key component of federalism prior to the charter. Played role of referee between levels of government regarding the division of powers. With the advent of the charter, courts have an expanded role. Legitimacy of judicial review is critiqued on several grounds including that it usurps. Parliamentary supremacy, undermines democracy, and allows judges to determine key moral and social policies that ought to be left to citizens, through their parliament, to decide. Tribunals do engage in statutory interpretation but not at the same level as courts. Legislative power: in accordance with jurisdiction, is granted to a specific branch of government, where elected members of parliament are found. Executive power: prime minister and cabinet are responsible for executing (or applying) the law and decisions made by the legislature. Judicial power: independent branch of government to interpret the laws and ensure they are enforced in accordance with the charter.
