POLI 221 Lecture Notes - Lecture 6: Indirect Tax
30 Mar 2018
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Division of power between central and provincial and neither is subordinate- not necessarily equal. So we are not a confederation- we are a federation. Maritimes wanted something between them and the national level. 1949: supreme court put in place instead of privy council committee. Before, feds would appoint the judges to the final courts of appeal for each province. Residual powers: any powers that emerge as time goes on, not originally in constitution and those all goes to the federal government. Wording in government: peace, order and good government. Jcpc transform residual power clause to strictly emergency power clause- pog only applies in emergency- then goes to federal. Doesn"t necessarily mean it goes to the provinces. Jcpc came to prefer the provinces because they would use a very strict definition of residual powers which at that time would only apply during war. Constitution will be similar to that of the u. k.
