POLSCI 3CL3 Lecture Notes - Lecture 8: Pass Laws, Chronicle, Tiber
21 Apr 2020
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Constitutional law the division of powers post jcpc. International and interprovincial trade: jcpc said provinces if you regulate for property and civil rights that turns into federal, has been changed in trade in commerce. Ontario farm products marketing reference [1957] scr 198. R. v. klassen (1959) 20 dlr (2d) 406. Id fed gov using international or interprovincial trade aspect: federal prosecution of klassen, klassen being charged because sold to local mill, no one individual would have an advantage for trading, supreme court of canada. Caloil v. a-g canada [1971] scr 543: referenced klassen, same thing happen, supreme conformed decision from klassen. Issue was federal prohibition on transportation and sale of oil west of ottawa valley. Canada provincial jurisdiction: provinces don"t fight federal but individuals are. Jcpc most important case is parson vs insurance interfere its ok. Still way we go about interpreting the constitution. If not provincial then it is federal government.
