POLSCI 3FR3 Lecture Notes - Lecture 3: Hydro One, Soft Law, Section 33 Of The Canadian Charter Of Rights And Freedoms
15 May 2018
School
Department
Course
Professor
Monday, January 22, 2018
3RF3 Charter of Rights and Freedoms
3-1!
-Delegation of statutory authority: Need to see if a legislature has transferred its
authority to make law, from its hands into another party’s hands (hard law like by-
laws municipal governments) (soft law like lsup code of conduct) !
•how to find? Generally a statute that transfers that authority!
-If you think that individual is under the control of hydro one, their bound in the same
way hydro one is (does he have a choice to do anything other than what Hydro One
tells him!
-section 32 only one on assignment*!
-Public Law!
•Section 1!
-Limits of Prescribed By Law (its written down in a statute in the constitution etc.,
if no, the gov. loses) !
•Legislation or action must be valid exercise of statutory or constitutional
power!
-Little sisters book and art emporium v. canada!
-Conferral of discretion!
-Purpose of Infringement (Pressing & Substantial) (first oakes test)!
•not the purpose of the legislation, but the reason government has chosen to
infringe upon rights!
•Importance of purpose - must p & s!
-Rational Connection!
•Is the purpose rationally connected to the way the government has sought to
achieve it?!
•We wanna stop people from smoking, so we ban the sale of tobacco
(connects)!
#1
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
If you think that individual is under the control of hydro one, their bound in the same way hydro one is (does he have a choice to do anything other than what hydro one tells him. Limits of prescribed by law (its written down in a statute in the constitution etc. , if no, the gov. loses: legislation or action must be valid exercise of statutory or constitutional power. Little sisters book and art emporium v. canada. Purpose of infringement (pressing & substantial) ( rst oakes test: not the purpose of the legislation, but the reason government has chosen to infringe upon rights, importance of purpose - must p & s. Rational connection: is the purpose rationally connected to the way the government has sought to achieve it, we wanna stop people from smoking, so we ban the sale of tobacco (connects) #1: we wanna stop people from smoking, they cant use cartoon characters in.
