Chapter 3 - Sources of Criminal Law Flashcards
What principle was escorted in R v Sedley?
Judges could not make common law offences
What was the ratio of Frey v. Fedoruk?
Established that only that which was contained in the Criminal Code could be considered criminal. Udges may not make criminal offences at will.
What was the ratio of R. V. Henry?
Not all obiter dicta is binding, but some should be
The principle that the legal effect of the law will be measured by how the law will operate and effect Canadains was established in
Firearms Act )Canada
Supreme Court of Canada
What was the ratio of Hunter v. Southham Inc.?
The purpose of the Charter is to Protect, within reason, the enjoyment of the rights and freedoms that it enshrines. Use for questions about the pandemic.
What is the standard of vagueness?
A law is unconstitutionaly vuage if it does not provide an adequate basis for legal debate and analyses, if it does not dfeliniate any area of risk, or is not intelligible.
Which case established the standard of vagueness?
Canadian Foundation for Children, Youth & The Law v. Canada (Attorney General)
A law runs afoul of the constitution when
the means by which the state seeks to attain its objective is fundamentally flawed
Which case illustrated the principle oof discerning when a law runs afoul of the constitution?
Bedford v. Canada (Attorney General)
What was the ratio of Bedford v Canada?
Even if a law’s wording is in and of itself vague, it’s implicit limitations can still make it a specific law. Court’s role is to provide guidance to uncertainty, not direct conduct.
What section of the Constitution Act can save laws if they are deemed unconstitutional?
Section 1
The ratio of R. v. Safarzedeh-Markhali was
Whether a law is in contravention of sec7 is dependant upon it’s the relationship between the law’s purpose and effect
Laws can be struck down as…
vuage, arbitrary, overboard, or grossly disproportionate
