federal court handles the most serious indictable offences
False
When is intoxication no longer a factor?
Death and sexual assualt
3 levels of intoxication
Mild
Intermediate
Extreme
r v Daviault
Got rid of the defence that you are intoxicated commmiting sexual assault
r v pappajohn
Needs to be evidence for mistake of act
R v Ewinchuk
Affirmed no means no, implied consent is not legitimate
Section 718 refers to what?
What type of law?
Sentencing principles
Procedural law
Administrative law
Three big legal questions
Delegated to administrative bodies via federal or provincial legislation
No organization has legal power
Is the body following legislation properly ?
Are they operating in terms of jurisdiction
Are they operating according to basic principles
Judicial review does include ad______ bo___
administrative bodies
Administrative law :
Law regulating the relationship between the____ and the ___
Includes law relating to the ___ and various government appointed by the ad_____ bo_____
The scope of administrative law has expanded significantly since the 19__
government and public
Bureaucracy, administrative bodies
Expanded since the 1970’s
Delegation
Delegation is the transfer of federal or provincial duties/authorities to non-elected administrative bodies
delegation of legislation
Legislation then binds the administrative body
Law Society of British Columbia vs Trinity Western University (2018)
Balancing of charter principles within the law by an administrative body
Thomas v Mount saint Vincent university
Case regarding judicial review and legal fairness
Inter-delegation
When the federal government delegated authority to a provincial administrative body or when provincial delegate to a federal administrative body
what is a good faith notion ?
Can reflect a legal agreement,
Canada V Vavilov
Misinterpretation of legislation
What area of law has changed the most?
Family law
What does family refer to in this class?
Relations at birth and affinity
Fundamental building block of society
What is the relationship between common law marriages and regular marriages?
They are the same, highest amount out of any G7 country
How many years of co-habitation to be common law?
What is another name for common law marriage
3 years
Adult interdependant relationships
What type of jurisdiction do the federal and provincial governments have regarding marriage?
Jurisdiction over marriage and divorce
Provincial is every other
M v H (1999)
Civil marriage act (2005)
M v H recognizes spousal support in straight couple common law
- challenge to this, same sex added later
Civil marriage act is legalization of gay marriage, attempt to reach legal equality
What grounds in Canada for no cause divorce?
1 year of separation, no element of fault
Nullification meaning
Makes marriage legally no longer applicable
