Law 2101 Lecture Notes - Lecture 6: Pith, Rational Basis Review, Tim Hortons
Document Summary
The canadian constitution and federalism (part 2: criminal law and federalism. Criminal law + procedure is federal jurisdiction: however, administrating criminal justice (police forces, court houses, prosecuting offences) is provincial. As well, provinces have power under section 92 to impose fines, penalties, jail-time for offenders under its section 92 powers. Criminal law defining: 3p (on exam: prohibition - are you allowed, penalty - are their fines, criminal purpose: public peace, order, security, health and morality. Only a federal criminal code has a criminal purpose. Has to appease one of the five purposes. Scc traditionally has given broad authority to federal government to regulate criminal law. Argues that firearms act is colourable attempt to regulate property rights of gun owners (s. 92(13): alberta ca rules 3:2 for federal gov"t, scc rules 9:0 for federal gov"t. 1867: bna act appeared to give broad economic powers in federal gov"t: trade and commerce: s. 91(2, taxation: s. 91(3, borrowing of money: s. 91(4, banks: ss.
