the effect on federal interests government. if a province were to fail to deal with the matter appropriately. s.91(27) Criminal Law Feds Margarine Criminal law entails a prohibition Reference coupled with a penalty (form) that is aimed towards a criminal law purpose such as: peace, order security, health or morality (purpose) 1. Form Hydro A complex Complex Quebec regulatory scheme scheme to (unanimous) may be enacted decide what is under the criminal but ‘toxic’ – law power if the after that toxic prohibition and substances penalty it is just banned w designed to penalty. Likely support is clear the limit that a and criminal ‘form’ (with a could support. valid criminal law purpose) Assisted Cromwell: Cromwell: Repro (very Legislation with a things that split) high level of detail have been and complexity historically creates a dealt with by legislation the criminal form as it is too far law is a good from the simple indication the prohibition/penalty law is valid mandated by the criminal law. test and therefore cannot be enacted under the criminal law power. 2. RJR Criminal law purposes are not frozen Purpose Macdonald in time, they can contain exemptions and it is permissible to criminalize and ancillary activity w/o criminalizing the targeted itself. ‘evil’ Assisted Lebel & Dechamps: An acceptable Repro criminal law purpose must suppress
the effect on interests if a province were to fail to deal with the matter appropriately. federal government. s.91(27) Criminal Law Feds Margarine Reference Criminal law entails a prohibition coupled with a penalty (form) that is aimed towards a criminal law purpose such as: peace, order security, health or morality (purpose) 1. Form Hydro Quebec (unanimous) A complex regulatory scheme may be enacted under the criminal law power if the prohibition and penalty it is designed to support is clear and (with a valid criminal law purpose) Complex scheme to decide what is ‘toxic’ – but after that toxic substances just banned w penalty. Likely the limit that a criminal ‘form’ could support. Assisted Repro (very split) Cromwell: Legislation with a high level of detail and complexity creates a legislation form as it is too far from the simple prohibition/penalty mandated by the test and therefore cannot be enacted under the criminal law power. Cromwell: things that have been historically dealt with by the criminal law is a good indication the law is valid criminal law. 2. Purpose RJR Macdonald Criminal law purposes are not frozen in time, they can contain exemptions and it is permissible to criminalize and ancillary activity w/o criminalizing the targeted ‘evil’ itself. Assisted Repro Lebel & Dechamps: An acceptable criminal law purpose must suppress