CMN 2170 Study Guide - Final Guide: Webcam, Actual Malice, Ultra Vires
2 Apr 2017
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Attorney general of quebec v. attorney general (radio reference) Quebec province wishes to regulate their own radio communication legislation. Legislation : section 92 of the british north america act; sub10 = local works and undertakings; sub13 = property & civil rights in the province. Provinces cannot represent in international affairs (canada signed telegraph convention) Radio is measured in hertzian waves and knows no boundaries. Radio broadcasting is similar to telegraphs in other works and undertakings (s. 92sub10a) Conclusion: jcpc determined that broadcasting fell under jurisdiction of the parliament of. Quebec didn"t like decision by s. c. c and appealed to privy council. Concerned with effects, not ownership of radio communication. Ultra vires = beyond one"s legal power. Stare decisis = bound by precedent set by s. c. c. Intra vires = within one"s legal power: public service v dionne. Dionne is an extension of radio reference, asks that the precedent be removed for power over television broadcasting.
