LAWS 1000 Lecture Notes - Lecture 5: Enumerated Powers, Good Governance, Canada Act 1982
26 Nov 2015
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Peace order and good governance (pogg): principle informing residual powers . Power to enact laws not assign to provinces. Federal laws are most likely to be subsumed under provincial laws (canadian western bank and lafarge) Section 101: the power to create extra courts. Scc struck down a saskatchewan statute attempting to bar recovery of tax that had be levied pursuant an unconstitutional statute . Or more recently: the right of euthanasia. Toward a new constitution in 1982: triggering dominos. Greater autonomy from the british parliament seek by canadians after the first world war (1914- The privy council striking down in 1926 the federal legislation forbidding appeal to the council in criminal cases. The king-bying controversy (1926) : a constitutional crisis over a breach of established convention: Governor general lord byng refused to dissolve parliament at the demand of mackenzie king. Decision of sending troops and war-like decisions for election, and appointed conservative leader arthur meighten instead.
