POLSCI 3CL3 Lecture Notes - Lecture 1: Provincial Rights Party, International Trade, High Middle Ages
16 Dec 2018
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Scope of judicial federalism - the division of powers in sections 91 & 92. Inquire whether the subject matter falls within 92. If the answer is no, then it automatically belongs to the federal government by virtue of logic. If it does belong then you have to ask the following question: 2. Inquire whether the subject matter also falls within 91. It the answer is no, then it belongs to the provincial government. If the answer is yes, reconcile if both levels of authority have jurisdiction under the subject matter: answer: court will allow both levels of government to deal with it to the extent that they can. In between this, the jcpc is actually trying to allocate this power to one government or the other: 3. Regulation of economic activity only where provinces cannot - any commerce that takes place beyond provincial boundaries.
