LAW 525 Lecture 2: Law525-Lecture2

• School: Ryerson University
• Department: Law and Business
• Course: LAW 525
• Professor: Nick Innazzo

Document Summary

Continuation of chapter 2 and beginning of 3. If essential purpose fits within constitutional power of that government the law is intra vires. Legislation that has merely incidental effects on another level of government"s jurisdiction does not render it ultra vires. It is possible that both federal and provincial governments can create valid legislation on a single subject depending on the perspective from which the legislation is considered. In very limited circumstances, instructions on one level of government"s power, including incidental ones, will not be permitted. When the operational effects of provincial legislation are incompatible with federal legislation, the federal legislation must prevail, and the provincial legislation is rendered imperative to the extent of the incompatibility. The laws must be incompatible- it is impossible to comply with both laws or that provincial law would undermine the purpose of the federal law. Hpa prohibits the sale of unsafe cribs and cradles.