POLS 3300 Lecture Notes - Lecture 4: Patriation, Via Rail, Trespass
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Pols 3130 oct 30, nov 1st, nov 3rd. Context is critical!: type of court trial, appeal, or highest court, historical time period, the nature of the judge(s), the type of law under consideration. Is it dealing with charter, administrative, private law etc. Courts review the procedural aspects of administrative tribunal decision-making: was the process fair, ex. Workplace injury must go through workman comp and end up with. Wsib of ontario role is to protect your rights but it actually denies u rights: courts have shown a level of deference. 4 the cumulative impact of court decisions. De(cid:272)isio(cid:374)s that judges (cid:373)ake i(cid:374) (cid:862)(cid:396)outi(cid:374)e(cid:863) (cid:272)ases (cid:449)he(cid:374) applyi(cid:374)g legislati(cid:448)e or common law, can forge policy in the aggregate. In criminal law, the sentences judges hand out over time establish a certain range of punishment that will usually be given for particular crimes: marijuana possession/growing charges. Laws cannot be so perfectly written to cover every situation. Law may also be unclear or poorly drafted.