CRI225H1 Study Guide - Quiz Guide: Constitution Act, 1982, Ultra Vires, Precedent
30 Oct 2018
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Stare decisis: to stand by which is decided. Binding: precedent from a higher court is binding, take priority. Persuasive: precedent from a court at the same level or a higher court in another province is persuasive. Constitution act, 1867: division of power between provincial and federal governments, structures relationship between the two. Constitution act, 1982: charter of rights and freedoms, structures relationship between state and individuals. Rule of law: everyone is subject to the law, no one is exempt. Onus: onus of proof = burden of proof in criminal cases is on the government/crown. Max. penalty: 6 months in jail, fine, or both. Offences that cover a wide range of conduct. Only the federal government has legislative authority over criminal law: for a law to be classified as a criminal law it must have, a valid criminal law purpose, a prohibition, a penalty. If answers were yes: the infringement is justified.
