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Old 2012-09-19, 10:19   Link #17
willx
Nyaaan~~
 
 
Join Date: Feb 2006
Age: 40
Quote:
Originally Posted by SeijiSensei View Post
So a prosecutor in Moosejaw could treat the same situation differently from one in Vancouver? Or would a decision in a Vancouver court be considered a controlling precedent for a prosecution in Moosejaw? Here the states can vary wildly in their prosecution of justice as long as they don't come into conflict with the Federal constitution. (In the PA sexting case the actions of the local District Attorney were enjoined on 1st and 14th Amendment grounds, and the injunction upheld in the Third Circuit Court of Appeals.)
Canada is based on the British Common Law system and criminal law is the exclusive jurisdiction of the federal government. Provinces are responsible for administration of the law, but that's it.

Our system is based on precedents, so your Moosejaw example, would mean the judge there has to make a decision based on all existing case law in Canada. A different interpretation would get appealed to the provincial court of appeal and provincial supreme courts and if it is controversial enough and/or important enough, would be seen before the Supreme Court of Canada. Anything that conflicts with existing precedent would be struck down quite easily.

http://en.wikipedia.org/wiki/Law_of_Canada#Criminal_law
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