Thursday, April 25, 2019

Canadian law and politics Essay Example | Topics and Well Written Essays - 2000 words

Canadian law and politics - Essay ExampleThe position of criminal law authority reversed the earlier decision in the case of Industrial Acceptance Corp. v. The Queen 1953 2 S.C.R. 273, in which the court had agreed that the Narcotic maneuver Act was constitutional under criminal power. The proceeding of the case in R. V. Hauser focused on thought-provoking the restrictions to the jurisdiction of federal criminal law. This commentary examines the federal parliamentary legislation and tyke power on criminal laws in Canada and the validity of Narcotic reckon Act as discussed in the case of R. V. Hauser.The federal criminal code 1959 empowered the provincial attorneys through provincial court to powers to petition the attorney general or his agent to institute prosecution against the offenders (Roman, 2007). However, the amendment delegated the federal state powers to prosecute offenses under Narcotic Control Act thus causing conflicts concerning the federal and provincial attorney s power to prosecute offenders. S.91 (27) defines the federal powers in plaque of criminal matters and enforcing criminal law. The constitution does not impose any prohibitions on federal for a provincial prosecutor in narcotic offenses (Laskin, 1980, p 564). In R. V. Hauser, the respondent was accused of being in self-discipline of cannabis resin and cannabis (marijuana) for the purpose of trading contrary to the Narcotic Control Act s. 4(2). The refer signed by the agent of Attorney General of Canada. The respondent moved the prohibitions by challenging the authenticity of the constitution in the definition Attorney General as stipulated in the in s.2 of the Criminal canon (Roach et al., 2004). The case was terminated in the first hearing, but it gained support under majority decision in the court of appeal in Supreme Court of Alberta. In the appeal issue raised was to contest the legitimacy of parliament of Canada to make legislations that empower Attorney

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.