LAW 3207 Lecture Notes - Lecture 1: Constitution Act, 1867, Ultra Vires, Precedent
Document Summary
Ex) canada post, mlcc: canada adopted its rule of law from the british north america act 1867 or the constitution act 1867. Sections 91 and 92 divide powers between federal and provincial gov. respectively. Residuary powers are any matters not already assigned to the provinces under section 92 falls into section 91. Pogg (peace, order and good government) clause states this. Ultra vires means beyond the powers of . Intra vires means within the powers of . Overlapping or paralleling jurisdiction refers to rules that apply in both sections such as banking and credit unions. Multiple powers is where rules are represented by various parts of the constitution. eg) the economy, Pith & substance means the root of the legislation. The central or essential aspect of a law. If a part of legislation is found to be ultra vires, that part can be hacked out and keep the rest intact.
