130 likes | 846 Views
Canadian Legal Hierarchy. Statute Law Common Law. Constitutional Law. Break and Enter definition: A burglary; to break and enter onto another's premises, land or real property with the intent to there commit a crime, most typically theft What if nothing is broken?
E N D
Canadian Legal Hierarchy Statute Law Common Law Constitutional Law
Break and Enter definition: A burglary; to break and enter onto another's premises, land or real property with the intent to there commit a crime, most typically theft What if nothing is broken? Case Law: 500 years ago you could be put to death For a B & E
The Government passes a new law or statute to combat home invasions and B & Es Anyone found guilty of this crime shall be lashed 20 times with an electrical cord by the homeowner or a stand in of the homeowners choice plus a term of prison between 3 & 7 years.
Shane appeals his sentence to be lashed The law is quashed! The Supreme Court rules the law/statute unconstitutional as it constitutes: “Cruel and unusual punishment”
Canadian Legal Hierarchy Statute Law Common Law Constitutional Law Supreme Court quashes law because it violates the Charter Gov’t passes legislation in the Criminal Code of Canada for 20 lashes Put to death for B & E