PRV2 270 Lecture Notes - Lecture 5: Punitive Damages, Sanctity Of Life, Oldman River
Document Summary
Charter and personality rights, civil liability and punitive damages. Combination of a mandate and protective supervision: the powers granted by the protection mandate are too broad, the mandate should not be homologated, l. p. c. F. h. , 2009 qcca 984: powers granted were too broad therefore not homologated, the powers granted by the protection mandate are too narrow, protective supervision may be instituted in addition to the protection mandate (art. 2169 ccq: cannot have two regimes open at the same time. Quebec charter: adopted in 1975 in direct lineage with other international laws, cclc was virtually empty wrt fundamental rights, 46. 1. Every person has a right to live in a healthful environment in which biodiversity is preserved, to the extent and according to the standards provided by law: 51. The charter shall not be so interpreted as to extend, limit or amend the scope of a provision of law except to the extent provided in section 52: 52.