Constituntional Act

Question 1

Constitutional Act History?

Answer 1

• BNA- 1867 with Constitutional Act
• Charter with Revised Constitution Act- 1982

Question 2

S. 91 and 92 of Constitutional Act

Answer 2

91: federal power (national) Charter and Criminal Code
92: provincial power (regional) Provincial Offence Act. quasi-criminal law (public order)
courts decide where power is

Question 3

What is ultra-vires and intra-vires?

Answer 3

ultra: beyond power
intra: within power
federal takes care of fed cases and vise versa. if does not fit jurisdiction its ultra.

Question 4

Doctrine of paramountcy?

Answer 4

• two laws conflict and both laws have valid authority, federal law will prevail

Question 5

Peace, Order, and Good Government?

Answer 5

• new areas of law emerges if contemplated its federal.

Question 6

Pith and Substance?

Answer 6

look at core purpose of law

Question 7

Provincial Offences Act history?

Answer 7

• Law Reform Act: differentiate between crimes and quasi-crimes
• crimes: wrong doing by man or woman.
• offences: wrong doing by motorists, fisherman.
• onus on crown

Question 8

Reverse onus?

Answer 8

• provision within statute that shifts the burden of proof onto individual.
• typically criminal or tort matters, but implied in all provincial statutes.

Question 9

What is Absolute and strict liability?

Answer 9

Absolute: mens rea need not to be proven (drinking under age) guilt would follow proof of act
- Strict: no need for prosecution to show mens rea but if accused proves he took reasonable care he would get off.