Media, Information and Technoculture 2500A/B Lecture Notes - Lecture 2: Ultra Vires, Quebec Superior Court, Constitution Act, 1982
Document Summary
S. 52(1) supremacy clause : the constitution of canada is the supreme law of. Canada, and any law that is inconsistency with the provisions of the constitution is, to the extent of the inconsistency of no force or effect. Vagueness of rights relationship between rights application everyone every individual every citizen. Enforcement how ex: rights violated, improper procedure who ex: the party (rjr macdonald) interveners (textbook) what ex: schacher (textbook) Everyone has the following fundamental freedoms: (b) freedom of thought, belief, opinion and expression including freedom of the press and other media of communication; Porhibited advertisements of tabacco products and other activities to encourge their sale & regulated labelling requiring health messages tabacco companies challenged constitutional validity ultra vires parliment outside the authorty or area of the federal government. 1991: quebec superior court finds act ultra vires parliment and that it contravented the charter. Unanimously held act was not ultra vires parliment (pogs)