CRI225H1 Lecture 3: Week Three - Sept 29
6 Oct 2016
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Cri225 week three september 29, 2016. Two main sources of restrictions on power to enact criminal law: Courts play a role in defining what sorts of things can be crimes (as opposed to regulated some other way) courts can interpret. Parliament cannot create a crime that violates any provision of the charter. For it to be valid has to be enacted by federal government. Criminal law is valid if it is in the right form: prohibition + penal consequence. And if it is aimed at some public evil in respect of. S. 7. is the right to life, liberty and security and government cannot violate. For it to be a violation it must infringes life to life, liberty or security and it does so in a way that is inconsistent with the fundamentals of justice. Common law or judge made principles, they have to be precise and easily articulate. Criminal law cannot be overbroad (or grossly disproportionate)
