CANADIAN LAW ASSIGNMENT 1

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Durham College *

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1308

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Law

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Feb 20, 2024

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CHARLES OZIEGBE 100870536 CANADIAN LAW ASSIGNMENT 1 14-10-2023 GNED-1308-AAA CANADA LAW 1) Using the following website - Current bills - Find a current bill that has not reached Royal Assent.  Name the bill and explain what part of the process it is currently at. (2 Marks) Answer: The bill that has not reached Royal Assent is b ill 135, Convenient Care at Home Act, 2023. The bill is on its First Reading stage, which is the level whereby bills are presented in every scheduled reading. 2) Using the following website - https://www.canlii.org/en/ - Find a statute (that has regulations associated with it) under the first letter of your last name (e.g. Hack “H” find a statute that begins with “H”).  Write out the name of this statute, and provide a brief description of it.  (2 Marks) Answer: Oakes v. The King, 1951 CanLII 303 (CA EXC) Exchequer Court of Canada — Canada (Federal) 1951-05-16 addresses the potential compatibility of receiving pension benefits under the Pension Act with the option to seek legal damages under the Exchequer Court Act, indicating that the Pension Act does not outright bar such legal claims. a) How many regulations are associated with the statute that you have found? (1 Mark) Answer: There is no regulation associated with the statute. 3) In your own words describe a regulation, then describe a statute, and explain the difference.  (3 Marks) Regulations are legal rules or orders created by the executive branch of government or regulatory agencies. They are aimed at providing specific procedures, guidelines, and details for implementing and enforcing the broader laws created by the legislative branch. A statute, which is also referred to as a "legislative law" or "primary law," is a formal written law that is passed by a legislative body, such as a parliament, congress, or state legislature. Statutes are the most important laws of a jurisdiction and are superior to all other laws within that jurisdiction. Regulations and statutes have several differences in terms of their source of authority, specificity, enforcement, and flexibility. Regulations are formulated by government agencies, providing detailed directions for enforcing statutes, while statutes are enacted by legislatures, establishing more comprehensive legal principles. Regulations can be easily revised by agencies, whereas statutes typically require legislative action.
4) Using CanLII, look up the 3 cases that follow and for each case: R. v. Oakes (1986), 24 C.C.C. (3d) 321 R. v. Askov [1990], 2 S.C.R. 1199 R. v. Kokesch, [1990] 3 S.C.R. 3 a) Explain/breakdown the citations or each of these cases (1 Mark) – below is detailed information on citations R. v. Oakes (1986), 24 C.C.C. (3d) 321 In 1986, there was a court case between Her Majesty the Queen and David Edwin Oakes. The case was reported in volume 24 of Canadian Criminal Cases (C.C.C) and can be found in the 3rd edition along with several pages, specifically page 321. R. v. Askov [1990], 2 S.C.R. 1199 In 1990, there was a case between the defendant, Askov, and the Complainant, who was her Majesty the Queen. The case was listed in S.C.R (Supreme court report) and had a volume number of 2. The ruling was made over several pages, specifically page 321. R. v. Kokesch, [1990] 3 S.C.R. 3 Back in 1990, a case was heard by the Supreme Court involving Her Majesty the Queen as the complainant and Kokesch as the respondent. The case reporter listed was S.C.R, with a volume number of 2 and a total of 3 pages. b) Summarize each of the cases in 1 paragraph (3 Marks) . The first and last cases were related to drug trafficking. In the first case, the defendant was found guilty of illegally acquiring narcotics for the purpose of selling them. In the second case, the defendant was found guilty of conspiring to engage in extortion. Lastly, in the third case, the defendant was accused of illegally possessing, supplying, and cultivating marijuana without adhering to the Narcotic Control Act. c) Describe the final disposition (outcome) of each case. Be sure to report what the Supreme Court of Canada's disposition was. (3 Marks) Ultimately, the central issue at hand revolved around whether section 8 of the Narcotic Control Act conflicted with section 11 of the Canadian Charter of Rights and Freedoms, leading to no discernible impact and effort. This conclusion held true as the appeal was dismissed. Roger Tasse, representing the appellant, and Foster, Cockburn, Cudmore, and Kitely from London, representing the respondent, were involved in this matter. During the case, the primary concern was the delay, which was deemed excessive, prompting further assessment to determine its reasonableness. The court granted the appeal, and solicitors representing appellants Ruby and Edwadh (Askov and Hussey from Toronto) were involved, as well as appellant solicitors Gugliotta (Minden, Carter, and McCombs from Toronto) and
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