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Criminal Law, Charter of Rights and Freedoms, The Constitution, burden of…

- - - - use government power as sparingly as possible
- - - - older common law crimes in English law (they didn't have a criminal code, all crimes were judge made)
- - - - (10) Grounds for pre-trial detention
        
        flight risk, public safety, public confidence
        
        philisophical commitment to the public perception of the administration of justice
      - (1) Pre-trial release
        
        onus on Crown to prove why the accused should: (a) not be released, or (b) released with conditions (MOST CASES)
        
        vindicated in Pugsley, 1982
      - (2) ladder approach
    - - states that you can reverse an onus re: bail if you are charged with a crime under s 469
    - - lists crimes. if accused chargegd with these crimes, onus switches to accused to show on BOP that they should be released from pre-trial detention
        
        vindicated in Bray 1983 and Pearson 1992
      - murder
      - crimes against humanity
- - - - In Canada, we won't recognize something to be a crime unless it's in that book (with a few narrow exceptions)