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Lecture

POLSCI 3NN6 Lecture Notes - Margarine


Department
Political Science
Course Code
POLSCI 3NN6
Professor
Greg Flynn

Page:
of 2
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 name on a list and pay a fee
ii. Some feared that the sate would use this list as a way of seizing
and confiscating firearms
iii. 3 or 4 provinces refused to allow the police to administer the
provision of the registry
iv. SC explicit adopted test from Margarine Reference
v. It said it was a criminal purpose with the prohibition and
penalties
vi. Said gun control was directed to public safety, which falls
under the federal jurisdiction under safety, health, etc.
vii. A number of conditions imposed on how a person can gold that
property, moving it into a regulation of property rights
viii. Criminal aspect concerned with how we use and own our
firearms to protect public health, safety and order
2. Double Aspect Doctrine
a. In come situation the courts have allowed that both government to
regulate in both cases.
b. Liquor regulation, taxation
c. This applies to where the situation is complimentary
d. The criminal code makes it illegal to operate a vehicle when impaired.
They do that to protect the public safety. The highway traffic act also
makes it illegal. Both matters equally important
e. When laws contradict each other. Cannot be implicit repeal, where
one would repeal the other etc., which would contradict provisions in
the constitution act
f. Need to first figure out if they are both valid cases
g. Second, to determine the extent of the inconsistence
h. Try to determine weather they expressly contradict each other ot
implicitly contradict each other
3. Conflict and Paramountcy
a. Valid Laws
b. Inconsistent Laws
4. Concurrency and Federalism