POLSCI 3LC3 Lecture Notes - Lecture 16: Oldman River
15 Dec 2017
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Parsons v citizen: process for which level of government has jurisdiction: province under 92 > no > fed. Look under 92(13) that"s the only one that matters for the assignment. If not province, it automatically belongs to the feds: feds under 91 > no > province. If both of them have jurisdiction, you move to step 3: reconcile. Province: does province have jurisdiction? (cite parsons: sec 92(13) Property and civil rights included in 92(13: contract/claim for damages in civil court. Province will have jurisdiction: facts to back this up. Regulating how individuals can use their property, therefore matter of property and civil rights. Feds: does the federal government also have jurisdiction: 91(2) trade and commerce: Or is it: trade a ecting dominion as a whole: 5 stage test: part of a regulatory scheme, government is setting up a scheme for some people and under some conditions, regulatory agency.
