PUB2 101D1 Lecture Notes - Lecture 16: Constitution Act, 1982, Ultra Vires, Downtown Eastside

• School: McGill University
• Department: Public Law 2
• Course: PUB2 101D1
• Professor: Mark Walters

Document Summary

The key take away is that the test was established in downtown eastside sex workers, 3rd factor is important as this case relaxes this factor! The basic rule is that a person who brings a matter to court needs to show a sufficient connection or harm from a statute to challenge it. The ordinary way to show standing is that you are directly affected by the law at issue. But s. 52 of the constitution act, 1982 says: 52. (1) the constitution of canada is the supreme law of canada, and any law that is inconsistent with the provisions of the constitution is, to the extent of the inconsistency, of no force or effect. The most compelling explanation for standing requirements are the same as those we considered in the requirement that there be a proper factual foundation to adjudicate charter rights.