POLS 3130 Lecture Notes - Lecture 16: Canadian Transportation Agency, Via Rail, Bora Laskin

• School: University of Guelph
• Department: Political Science
• Course: POLS 3130
• Professor: Ajay Sharma

Document Summary

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. Courts review the procedural aspects of administrative tribunal decision-making: was the process fair, courts have shown a level of deference. Decisions that judges make in routine cases when applying legislative 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. Cases for consideration: childs vs. desormeaux, 2006, amateur youth soccer association, 2007. Social hosts generally did not owe a duty of care to a person injured by one of their guests who had drunk alcohol: commercial bar owners do have a duty of care.