CRIM 230 Lecture Notes - Lecture 2: Colonial Laws Validity Act 1865, Jury Trial, Fundamental Justice
18 Jan 2020
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Document Summary
Section 91(27) of the british north america act: federal government jurisdiction over criminal law and procedure. Charter of rights and freedoms: all legislation and government conduct must comply with constitutional safeguards. Need to balance individual liberties with collective right to safety and security. Burden of proof is on the crown. Enacted by the federal government in 1960. Canada act is a british statute that repatriated canada"s constitution. Constitution act includes the charter of rights and freedoms. Anything contrary to its provisions is of no force and effect. As the charter of rights is part of the constitution, it therefore is also paramount. Exceptions to paramountcy rule in the charter of rights. Section 33 non-obstante (notwithstanding) clause: parliament or a provincial legislature can override the sections 2 and. 7-14 of the charter: five-year maximum (renewable) Reasonable limits (s. 1): 1, 2 ss. Means that the charter is not absolute.
