Law 2101 Lecture Notes - Lecture 6: Pith, Ultra Vires, Marine Pollution

• School: Western University
• Department: Law
• Course: Law 2101
• Professor: Mysty Sybil Clapton

Document Summary

8 october 2015: the canadian constitution and federalism (part 2) Criminal law + procedure is federal jurisdiction (s. 91(27): however, administering criminal justice (police forces, court houses, prosecuting offenses) is provincial (s. 92(14), as well, provinces have power under s. 92(15) to impose fines, penalties, jail-time for offences. Criminal law definition 3p: prohibition, penalty, criminal purpose: Scc traditionally has given broad authority to federal government to regulate criminal law: reference re firearms act (2000) (scc): Firearms act satisfies three elements of criminal law definition: Predominant purpose: curb misuse of firearms and threat to public safety. Prohibition: must have license and registration to possess gun. Penalty: fines and loss of guns if prohibition violated. Scc said that, although registration and licensing system might incidentally affect property of gun owners, pith and substance of act was aimed at public safety (cid:862)we (cid:272)o(cid:374)(cid:272)lude that the gu(cid:374) (cid:272)o(cid:374)trol la(cid:449) (cid:272)o(cid:373)es (cid:449)ithi(cid:374) parlia(cid:373)e(cid:374)t(cid:859)s jurisdi(cid:272)tio(cid:374) o(cid:448)er criminal law.