POLS 3130 Chapter Notes - Chapter 8: Malicious Prosecution, Reference Question, Robert Latimer

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*gay and lesbian couples sued bc governments and canada as only opposite sex couples were to be granted marriage licences. >federal government chose to draft a bill that would recognize same-sex marriages but protect the religious freedom of churches to refuse to perform them. >illustrates two ways canadian governments can appear in court sued and through the reference procedure. Governments as litigants: why do governments appear in court. *five ways in which the government can appear in court, 4 as a direct party to the case and the. 5 as a third party intervener (as follows) *most common reason is to prosecute and enforce municipal by-laws. *state represents the victim and the broader society"s interest in punishing and deterring. *unique feature of canadian law the prosecution of criminal offences (created by the federal. *federal government retained power to prosecute criminal offences in territories that are administered federally, nwt, nunavut, the yukon, and on indian reserves.

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