Class Notes (807,480)
Canada (492,658)
Greg Flynn (95)


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McMaster University
Political Science
Greg Flynn

Federalism 1. Federal Criminal power a. Board of commerce i. Criminal law power extends only to those area that were criminal under English law at the time of confederation ii. Criminal law domain was frozen with the advent of Canada and that is the extend of its jurisdiction iii. Relatively unworkable, inability of federal government to move beyond traditional cases etc. b. Proprietary articles Trade associations v. A.G Canada [1931] AC 310 c. Margarine Reference [1951] AC 179 d. Prohibition i. Criminal law members area where feds have prohibited a certain act, and that violating that prohibition brings with it panel consequences e. Penal consequences i. Issue was reconsidered in Margarine Reference ii. JCPC found a mid-point between the two iii. On the grounds that it was injurious to public health iv. Sought to do so by making it criminal to use margarine in a may fashion v. Couldn’t make it, import it or sell it vi. JCPC upheld the ban on importation as a valid exercise of federal power vii. Struck down provisions on the manufactures and sale of margarine however viii. Said primary purpose was to protect the industry from its competition f. Public purpose (Peace, Order security, Health and Morality) g. Firearms Reference i. Libs sought create series of gun-control measures in 90’s, including requirements that the owner of a gun was required t put their na
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