Brandon Chen, a law professor and a member of the University of Ottawa Centre for Health Law, Policy and Ethics. (Patrick Morrell/CBC News)According to constitutional law, for a statute to be characterized as criminal law it must have a proper "criminal law purpose," and it must establish penalties for failing to respect its prohibitions. What counts as a criminal law purpose, however, is an ongoing debate. This interpretation of federal criminal law power is potentially all-encompassing and fails to provide much guidance on the limits on federal power. This federal paramountcy, coupled with a broad criminal law power, can run roughshod over provincial autonomy.

Source: CBC News August 03, 2020 07:52 UTC