LAW 1000 Lecture Notes - Lecture 1: Constitution Act, 1982, Ultra Vires, Canadian Human Rights Act
Document Summary
Chapter 1: the division of power under the constitution. 1867, 4 colonies of british north america decided to form a new country, to be called canada. The british north america (bna) outlined the division of powers. Section 91 and 92 divide legislative powers between the federal and the provincial gov. Wished to change the act: (bna act): Allow amendment to it w/o having to go before the british parliament. Agree to a new division of the law-making powers among the federal and provincial gov (no acceptance a perplexing political concern) Add a guaranteed set of rights and freedoms. Charter of rights and freedoms was incorporated (s t nh p) into the constitution. The bna act changed to the constitution act, 1982: business use division of powers: Both federal and provincial gov pass laws to regulate business activities. Cuz the division of powers in the constitution, business can challenge a law as being ultra vires that level of gov: security regulations.
