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: Life of a Law Student

Canadian Constitutional Law #15: Federal Criminal Power

By Erin

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Under 91(27) the federal government has the plenary (total) power to make criminal laws for Canada. This power has been interpreted very broadly by the courts to include legislation that can appear more regulatory than criminal so long as it contains a prohibition and punishment, with a valid purpose (usually protecting the public from an “evil”). Legislation has even been upheld as criminal when it appears the federal government intended it to be considered under POGG. This is the l read more

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Full post as published by Life of a Law Student on December 20, 2006 (boomark / email).

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