Law 2101 Lecture Notes - Lecture 5: Henry Morgentaler, Pith, Nuclear Power
3 May 2018
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Tuesday, September 12, 2017
Law 2101 — Federalism Pt. 2
Review!
-BNA!
-Was ordinary statue from 1867 to 1982!
-Division of power: Know s. 91 & s.92!
•Most important federal powers .2 Trade .27 Criminal powers Preample. Opening
paragraph of s.91 POGG !
•s.92 .7 Health .13 Property & civil rights (elastic/widely interpreted) .16 Local
Matters (broad)!
-Shift in balance in power from federal to provincial!
•In period of time from 1867-1949 highest court of appeal was in Britain JCPC!
•Give a lot of power to s.92!
•Constrictive and norrowing to s.91!
•After 1949 SCC is final appeal and different interpretation of powers!
-Our job is the upholding the present balance of power (federalism) set in 1949!
-Morgentaler (SCC, 1993): important to look for the pith and substance. What is the
essence of what we are talking about!
-Is it a federal power ir privicnal power!
•Power of s.92(7) !
•Others point was to keep him out of nova scotia !
-Hansert is the recorded debate and questions that are taken in all legislator. Every
single word is recored and printed the next day!
-INstrinsinc evidence:Press releases, Press conference, !
Quiz s.91 s.92!
1. Speeding ticket on highway s.92(13)&(16)!
2. Expiration of gift cards after a year s.92 economic powers!
1. All economic powers are at provincial level except for some exception!
1. Exceptions: Banking, Interprovicial transportation (Railway over provinces),
Airlines, Telecommunications, Radio/tv, Shipping, Nuclear power!
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Tuesday, September 12, 2017
2. Retail stores are provincially regulated even if cross different provinces!
3. Human rights issue with your bank? s.91 because banks are controlled by federal!
4. Union Strike at Camp auto plant in Woodstock? s. 92 !
5. Drunk driving on the highway? s.91 under the criminal code!
6. City of London bans protest posters on lamp poles? s.92 A city has the power to
regulate demonstrations. Can be challenged under charter but charter covers both!
7. Travel agency goes bankrupt, and you are overseas with worthless ticket? s.92
travel agencies are provincial. All travel agencies put money into fund so incase one
goes under, people can get back home!
8. Getting divorced? s.91 (26) marriage is federal under constitution act!
Criminal Law s.91(27) — Provinces have some criminal like powers 92.
(13)(15)(16)!
-Provincial !
•Speeding on highway!
-Fined, licence taken away!
-Provincial governments have power to put people away and fine them!
-Criminal Law!
-Economic Powers!
•Broad on provincial 92.13.16!
-Peace order and Good Government!
Criminal Law!
-91.27 is anchor clause w respect to criminal power!
-There are a range of powers under s.92 where provinces can regulate (hunting,
highways)!
-92.15 provinces can impose fines, penalties, hail time for offences under s.92!
-Federal can prosecute under criminal code!
-But it is provincial who hire lawers and convict people under the federal act!
-Police is all provincial except RCMP!
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Document Summary
Was ordinary statue from 1867 to 1982. Division of power: know s. 91 & s. 92: most important federal powers . 2 trade . 27 criminal powers preample. Opening paragraph of s. 91 pogg: s. 92 . 7 health . 13 property & civil rights (elastic/widely interpreted) . 16 local. Our job is the upholding the present balance of power (federalism) set in 1949. Morgentaler (scc, 1993): important to look for the pith and substance. What is the essence of what we are talking about. Is it a federal power ir privicnal power: power of s. 92(7, others point was to keep him out of nova scotia. Hansert is the recorded debate and questions that are taken in all legislator. Every single word is recored and printed the next day. Quiz s. 91 s. 92: speeding ticket on highway s. 92(13)&(16, expiration of gift cards after a year s. 92 economic powers, all economic powers are at provincial level except for some exception, exceptions: banking, interprovicial transportation (railway over provinces),
