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Poli Sci 3NN6 - Jan 13, 2014

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Political Science
Greg Flynn

Started on: 2014-01-13 C LASS N OTES FOR : P OLI S CI 3NN6 McMaster University, Fall 2013 M ONDAY , J ANUARY 13 2014 What is meant by terms of Government and Legislature? Dolphin - Charter of rights and freedoms is restricted to government (section 32 - Charter, restricted) - We build off this and look at what is meant by terms of gov’t and legislature Broadcasting - It’s only the laws passed by the legislature. It’s the entirety of the legislative, the organization itself that is subject. What happens when the government tries to delegate its authority? - Does this escape the charter of rights and freedoms? - It does not matter, either one is captured by the charter of rights and freedoms - Legislature; - “Government” - Crown corporations are government, but what about when we move away from clear lines? Such as hospital, universities, etc.Are these subject to the charter of rights and freedoms? - Section 32 - Difference between legislature and government o Decided that these are different things. o To what extent are the powers captured? o Which powers of the executive branch of gov’t are subject? o Dolphin delivery did not specify. 1. Government - Is there an election required to staff? - Taxation authority? - Things that make it look like it’s government! Dolphin Delivery - They did not specify - All powers of the government fall within the meaning of charter of rights and freedoms - Day to day operations - What happens when we get to some of the more nebulous powers? - Parliamentary privilege? Operation Dismantle v. the Queen Issue Government of Canada agreed the US to test its cruise missiles over northern Alberta. -The typography of the North Western territories and North Alberta were similar to the USSR. -Formal agreement to test the DELIVERY system for nuclear weapons on Canadian soil -Operation Dismantle: viewed that Canada would be increasing the danger of nuclear attacks on Canada from USSR. Operation Dismantle sued the Government of Canada because this agreement was a violation of human rights (charter of rights and freedoms) RESPONSE: That this was the conduct of foreign affairs and was outside Supreme court: all aspects of the executive branch of government are subject to the charter of rights and freedoms. Found against operation dismantle - That the possible nuclear annihilation was only hypothetical. Anything the government does fall within the concern of the charter of rights and freedoms. Lavigne v. OPSEU i.Government entered into collective agreement with employer union (OPSEU) - You did not have to be a member of the union to work there, but still had to pay dues to the Union. Angie © McMast
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