POLI 388 Lecture Notes - Lecture 3: Canadian Human Rights Tribunal, Quasi, Public Protector
Document Summary
2 order of government = have completely different powers. The powers that belong to the federal level come from s. 91 from bna act. "" "" provincial level come from s. 92 from bna act. Population delegate their powers to the legislative branch of the federal or provincial government according to section s. 91 or s. 92 of the bna act. Any decision made; has to be made by the people who have the power. The rule of law: in virtue of the law, everybody is equal before the law. Exceptions: the constitution (used to be the bna act) It is the controlling law because you cannot go against it. The canadian charter is now part of the constitution. Gov. cannot pass a law on a subjects matter that has not been attributed by s. 91 of the constitution. If not it is illegal - unconstitutional - ultra vires. Law: covers the acts and the relationships between the gov. and the people.