doreen
June 16, 2017, 11:03am
21
Oakminster:
Not necessarily. In my state, for misdemeanor offenses committed outside the presence of a policeman, the victim has to sign a sworn affidavit to commence a prosecution. In most instances, that same victim can drop the charges if desired. Felonies are handled in the way you describe.
Does it have to be the victim or merely a witness , since the affidavit apparently is not necessary if the officer witnesses the crime?
Has to be the victim in my state.
Muffin:
In Québec, criminal law matters are dealt with under the federal common law system, not Québec’s provincial civil law system. The Canadian Constitution is an uncodified constitution that has been developing for the last 150 years (and goes back hundreds of years before that via constitutional documents included by reference e.g. English Bill of Rights 1689 etc.; unwritten constitutional sources e.g. constitutional conventions such a the job of Prime Minister, Royal prerogative and Parliamentary privilege etc.; unwritten constitutional principles e.g. federalism, democracy, constitutionalism and the rule of law, respect for minorities, responsible government, representation by population, judicial independence, parliamentary supremacy, and implied bill of rights etc.) In 1867, federal and provincial jurisdictions were set out, with criminal law being entirely under federal jurisdiction (have a look at s. 91 and following in the Constitution Act 1982 (which includes the Constitution Act 1867 as amended). When there is conflict over whether a power is federal or provincial, the courts try to fit it into the most appropriate box, and failing that, give it to the feds under the peace, order and good government (POGG) residual power at s. 91 and/or under the doctrine of paramountcy.
It might be worth mentioning here that Commonwealth law is more like a hedgerow gone to pot, or a garden given over to weeds, than a planned and maintained botanical garden: There’s a structure there, somewhere, underneath all of the undisciplined organic growth and millennia of cow paths worn into the landscape, but at this point trying to reveal it would destroy the character of the laws.
America imported the Common Law, that prized family heirloom, but we made a cleaner break, so we also got to write more of our laws from a clean slate. Starting with a Constitution we can actually point to.