Understanding Substantive and Procedural Law: Definitions, Examples, and Implications, Study notes of Law

Download Understanding Substantive and Procedural Law: Definitions, Examples, and Implications and more Study notes Law in PDF only on Docsity! Substantive and Procedural Law Substantive and Procedural Law Substantive Law: refers to the language around the precise definition of what you are charged with. Substantive and Procedural Law Substantive Law: Example If you robbed the View Royal Tim Horton’s with a gun, would this be the appropriate charge for the Crown to lay against you? Canadian Criminal Code Section 85. (1) Every person commits an offence who uses a firearm, whether or not the person causes or means to cause bodily harm to any person as a result of using the firearm, Substantive and Procedural Law Substantive Law: YES!! Section 85. (1) Every person commits an offence who uses a firearm, whether or not the person causes or means to cause bodily harm to any person as a result of using the firearm, Substantive and Procedural Law Substantive Law: Example What if you held up the TH with Mr. Macri’s vintage 1984 Transformers Megatron that turns into an exact replica of a Walther PPK? Canadian Criminal Code Section 85 (2) Every person commits an offence who uses an imitation firearm (a) while committing an indictable offence, Substantive and Procedural Law Substantive Law: No!! It's the wrong charge. Substantive and Procedural Law Procedural Law Procedural Law refers to the methods and actions law enforcement agents must take to arrest and detain you. Substantive and Procedural Law Procedural Law If the rules around, arrest, detainment, interrogation and search and seizure are not followed, any evidence or information gained is inadmissible in court and the accused will be released.