LE CONTROLE JUDICIAIRE EN DROIT PENAL CANADIEN

Authors

  • PIERRE BELIVEAU

Abstract

The object of this article is to present the positive law governing judicial control in the field of criminal law. Thus, this study deals principally with the substantive and procedural rules applicable to the extraordinary remedies found in part XXIII of the Criminal Code. Having taken into account the fact that the parties' recourses in the criminal law are not limited to these remedies, the author has sketched some rules of judicial control pertaining to Quebec administrative law and the remedies provided for by the Federal Court Act. The author did not limit himself to cases involving the criminal law. In some instances, he has relied-upon a number of traditional administrative law cases. Actually, some common law principles which are found in these decisions are potentially applicable to the criminal law and could become a factor of evolution of this branch of the law.

Keywords:

Criminal Law

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Published

1983-12-01

Issue

Section

Legal Commentary

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