LAW 525 Study Guide - Final Guide: Future Shop, Health Canada, Canadian Tire
9 Nov 2014
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Constitutional law is a supreme law within which all others laws operate. Two constitutional laws focused in this class are- confederation and charter of rights and freedoms. ** federal authorities are all covered in s. 91 of the constitutional act 1867. Constitutional law sets out division of powers between federal and government + provincial laws. Constitutional law 1982 does not address the division of power. Constitutional act 1867, s91 sets out key heads of power . The constitutional act 1867, s. 91- if province does not have authority then it goes back to federal government since it has residual power (peace, order, and good government). Opening words of s. 91, peace, order, and good government clause is the answer to why federal government has authority over telecommunication, transportations, etc. Municipalities deals with parking, license with restaurants, zoning, etc. Municipalities cannot do anything other than what is authorized by the province.
