LAWS 1000 Lecture Notes - Lecture 5: Canada Act 1982, Arson, Arbitrariness
31 Aug 2016
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Class 5 constitution and law, part 2. Residual powes: power to enact laws not assign to provinces. Interjuridictional immunity: federal laws are most likely to be subsumed under provincial laws. Paramountcy: in case of conflict, federal laws supersede. S. 101: the power to create extra counts. S. 96-100: the independence of the judiciary: in relation to the rule of law: as check and balance and scrutiny of arbitrariness. Immune to liability in tort for act done in his jurisdiction. Removable on address of senate and the hc. Examples of protection against arbitrariness amax potash v. saskatchewan (1977) Scc struck down a saskatchewan statute attempting to bar recovery of tax that had be levied pursuant an unconstitutional statute. Canada became confederated in 1867 but were not independent at that time. Became independent from great britain in 1982 when the constitution act was passed. Kidnapping and death threats against andre chamard. Criminal arson of property of flq sympathizers.
