WDW101Y1 Lecture Notes - Anal Sex, Arbitrariness, Vagueness
23 Oct 2012
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Crime = prohibited act + penalty + proper criminal law purpose (peace, order, security, health, morality) Rule: parliament is not entitled to enact criminal law that constitutes an unjustified violation of one of the rights guaranteed in the charter. Not all charter violations make a law unconstitutional. The constitution is the supreme law of canada, and any law that is inconsistent with the provisions of the constitution is, to the extent of the inconsistency, of no force and effect. If law is inconsistent -> of no force and effect . Already talked about how a law can be inconsistent with ss. Now going to look at how it can be inconsistent with the charter. Part i of the constitution act, 1982. Forms part of the constitution, free standing document. Procedural rights versus substantive rights: 52(1) applies to charter violations. Any law that is inconsistent with the charter is of no force and effect to the extent of the inconsistency.
