MATH 223 Lecture Notes - Lecture 8: Ultra Vires, Primary And Secondary Legislation, Royal Assent
21 Oct 2020
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Division of powers: constitution divides legislative authority, federal government: e. g. crime, bankruptcy, copy right (section 91, provincial government: e. g. property, civil rights (section 92) Federal government holds residual power: doctrine of federal paramountcy determines which law trumps when federal and provincial statues conflict, when a government legislative outside its authority, law is ultra vires and has no force or effect (s. 52) Charter of rights and freedom: part of the constitution that protects basic rights and freedoms. Guarantees the rights and freedom subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society". Freedom of religion, expression, peaceful assembly, and association. Right to vote in house of commons and legislative assembly elections. Right to leave and enter canada; right to live and work in any province. Right to life, liberty and security of the person," right to be secure against unreasonable search or seizure".
