POLS 3135 Lecture Notes - Lecture 7: Enumerated Powers, Financial Compensation, Ivan Rand
7 Dec 2018
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Week 7: criminal law power and the division of power. Definition of criminal law: the federal criminal law has proved to be difficult to define. Board of commerce case (1922): federal government gave powers to prevent profiting of certain manufacturing, argument: provincial legislation. Incest is a crime but profiting is not: criminal law cannot be used, lord haldane: (jcpc) tried to define criminal law, criminal law deals with those matters/issues that fall within the domain of criminal jurisprudence, extremely narrow definition. Interpretation: his definition froze criminal law at 1867- only those acts that were criminal in colonies and britain in those acts: need to create new offences. Federal government criminal law to create offences for public purpose: food and drugs: Provincial penal law vs. criminal law: provincial law given power to impose punishment by fines and incarceration to enforce their own laws, only their own laws, provincial power to enact penal law: section 92 (15)
