Abstract
A potential hardship facing citizens of federal states is the possible application of two sets of penal laws to the same conduct. Several recent decisions of the Supreme Court of Canada,' which have upheld the validity of provincial legislation in spite of the existence of federal laws covering similar activity, increase the danger of multiple prosecutions and convictions and thus increase the need for a careful analysis of this area.2 It will be argued in this article that the rules against double jeopardy (the special pleas of autrefois acquit and convict, issue estoppel, the rule against unreasonably splitting a case, and the rule against multiple convictions) should apply with full force and effect to prosecutions for violations of federal and provincial laws.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have