LAWS 1000 Lecture 5: LECTURE 5 - The Organization of Law in Canada (Law, the State, and the Constitution) CONT'D
10 Feb 2017
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Document Summary
Peace order and good governance (pogg): principle informing residual powers . Power to enact laws not assigned to provinces. Federal laws are most likely to be subsumed under provincial laws (canadian western bank and. Section 101: the power to create extra courts. In relation to the rule of law: as check & balance and scrutiny of arbitrariness: during good behaviors (the act of settlement, 1700 in england) Immune to liability in tort for act done in his/her jurisdiction: salary protected, removable on address of senate and house of commons. Amax potash ltd. v. saskatchewan (1977: scc struck down a saskatchewan statute attempting to bar recovery of tax that had been levied pursuant an unconstitutional statute, or more recently the right of euthanasia. Toward a new constitution in 1982 triggering dominoes. Greater autonomy from the british parliament seek by canadians after wwi (1914-1918) The privy council striking down in 1926 the federal legislation forbidding appeal to the council in criminal cases.
