LAW 525 Lecture Notes - Lecture 2: Pith, Interjurisdictional Immunity, Ultra Vires
28 Jun 2018
School
Department
Course
Professor
LAW 525 – Chapter 2 – Constitutional Aspects
Constitutional Act – POGG powers (peace order and good government)
Section 91
- Federal (items of national scope i.e. bankruptcy)
Social 92
- Provincial legislature
- Business focused, local natured
- Property and civil rights
- Paramount – when federal laws and provincial laws conflicts, the federal law prevails
oi.e. INSITE in Vancouver, safe injection site. Provincial law allowed for safe
injection site with the health care system in mind. Federal law does not allow
because hard drugs are criminal and assistance in such is criminal. Argument:
hard reduction, health based strategy, actually helping citizens get off drugs and
join appropriate programs to become contributing citizens in society
Charter
- applies to everybody/everything all the legislatures
- definition of person – corporations are ‘legal people’
- section 2b – freedom expression is necessary to have a democracy
- charter can be a sword or shield for (or against) businesses
- section 7 – less likely to apply to businesses except for the fact that some of our laws in
the market place can put you in jail (if a representative of a corporation is put in jail still
has their rights of section 7)
- section 1 - charter rights are not absolute (i.e. presumption that someone is a drug
trafficker if holding a large amount of drugs, even though not ‘proven guilty’)
ooakes test – legal test (1) pressing and substantial – is there something
important that we are dealing with (2) rational connection (3) minimal
impairment
Ultra vires is a Latin phrase meaning "beyond the powers". If an act requires legal authority and
it is done with such authority, it is characterised in law as intra vires("within the powers"). If it
is done without such authority, it is ultra vires.
Regina v. Videoflicks Ltd. et al.
- infringement of s 2 of freedom of religion
- does it conflict with the federal legislation? Was it unconstitutional on the basis of
section 2 a (freedom of religion)?
- Impacts business competition and how government is interfering adversely to
businesses who do not practice Christian faith
- Only exceptions to two businesses who were of jewish faith but the law still remains
- No issue of paramount
Important to make sure cases took place before or after creation of the charter
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Law 525 chapter 2 constitutional aspects. Constitutional act pogg powers (peace order and good government) Paramount when federal laws and provincial laws conflicts, the federal law prevails: i. e. insite in vancouver, safe injection site. Provincial law allowed for safe injection site with the health care system in mind. Federal law does not allow because hard drugs are criminal and assistance in such is criminal. Argument: hard reduction, health based strategy, actually helping citizens get off drugs and join appropriate programs to become contributing citizens in society. Ultra vires is a latin phrase meaning "beyond the powers". If an act requires legal authority and it is done with such authority, it is characterised in law as intra vires("within the powers"). If it is done without such authority, it is ultra vires. Impacts business competition and how government is interfering adversely to businesses who do not practice christian faith.
