Author Archives: jayfoxsjam

OBJECTIVES OF THE COURSE  To provide applicants with an introduction to and an overview of Canada’s legal system and the role of law in Canadian society  To review various legal theories as they apply to Canadian law  … Continue reading →

PROCEDURAL FAIRNESS: THRESHOLD ISSUE THREE SOURCES OF PROCEDURAL ENTITLEMENT (1) Legislation; Public decision makers (PDMs) are acting under legislative authority, and these statutes will probably have limitations set out and procedures set out for the PDMs. It is possible for … Continue reading →

CONSTITUTIONAL LAW BASIC CONCEPTS [1]  SOURCES AND NATURE OF THE CONSTITUTION Constitution Act, 1867 –  The British North America Act was renamed the Constitution Act, 1867, in 1982 –  Established the rules of Federalism, but did not attempt to codify … Continue reading →

CRIMINAL LAW INTRODUCTION [1]      SOURCES OF CRIMINAL LAW – With exception of contempt, criminal offences are created by statute, mostly by the Criminal Code [“CC”] * See Frey v Fedoruk (Conduct, not otherwise criminal and not falling within … Continue reading →

R v Morgentaler: Application of Principles: To determine Pith and Substance, look first to purpose, then look at the legal/practical effect This case can be seen as an authority on the notion that you can look to extrinsic evidence as … Continue reading →

Note that the challenger has the burden of proving that a law is a breach of the Charter on a balance of probabilities Note that there is a presumption of constitutionality If there is a breach, then the burden shifts … Continue reading →

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