CRIM 332 Lecture Notes - Lecture 4: Henry Morgentaler, Body Politic, Reference Question
11 Dec 2020
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Legal standing: must be individual central to the case (to have standing) May online decide the case at hand: eg, physician-assisted suicide case, could not discuss related areas like euthanasia, obitor dicta (not part of the case law) Judges have the power to determine whether legislation created by the gov is constitutional: ability to strike down unconstitutional statutes. Examples of reference cases: "the patriation reference" (1981, related to the constitutional amendment package p. trudeau was proposing. Quebec: never been forgotten/forgiven by quebec, many question the validity of constitution because of this. 1: "the same sex marriage reference, fed gov put forth "civil marriage act" to legalize same sex marriage, somewhat of a split matter, who can marry = federal matter, process of being married (eg, ceremonies) = provincial matter. Old bailey (famous courthouse in uk): design reinforced a number of british common law traditions carried over to can. Juries: central to many legal systems (eg, us)
