LS202 Lecture Notes - Lecture 5: Ultra Vires, Regulatory Offence, Provincial Superior
3 Apr 2016
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Document Summary
The constitution act - 1867 included the implied bill of rights, division of powers, civil. Rights and ultra vires, regulatory offences and court structure. The charter of rights and freedoms - 1982 included protections re. investigation, protections re. trial and limitations of rights and freedoms. The constitution act created a federal dominion and outlines he organization of its legislature and its criminal justice system. It established the implied bill of rights, which includes the protection of life and liberty, and freedoms of religion, speech, association, and press. Broad protections are read into the constitution, especially through the division of federal and provincial powers. Every crime is a crime against all of society. The federal government, as representative of all canadians, therefore codifies and punished crime. Under s. 91(27), provinces and municipalities cannot pass legislation whose primary purpose is to punish criminal behaviour. Parliamentary review is more rigorous than provincial or municipal review. Criminal law is therefore subject to greater scrutiny.
