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Law 525 Lecture 2.docx

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Ryerson University
Law and Business
LAW 525
Gil Lan

Law 525 Lecture 2 How is constitution law different from the Ontario consumer protection act • Is the supreme law, is the law that all others must be compliant with, very hard to change • Developed by all governments together (Federal, provincial, etc.) • One part of constitution law affects division • Constitution act of 1867 deals with division of powers • Constitution act 1982 charter of rights address what are the limits of gov in relation to the subjects of the land (individuals/organizations) Make sure to list the year of constitution act for exam (ex constitution act of 1867 deals with division of powers, while constitution act 1982 charter of rights and freedom deals with gov limits in relation to subjects if the land Constitution law can be amended when the provincial and federal gov work together Unitary vs. Federal states - Unitary state - ex Barbados only has 1 type of gov (parliament) - Confederation - 2 levels of government Advantage of having two levels (federal & provincial) of government (in business) • Customized law to those industries ex Atlantic fishing • Possibility of having different tax rates in each province • Processing of passing a law can be sped up in a province • Can test out an activity in a province and then implement to others if success full, while in unitary no chance to test as 1 mistake represents all Disadvantage of having two levels (federal & provincial) of government (in business) • Having different wages in different provinces • Harder to pass a treaty/bills since all must agree, takes longer to pass through diff. levels of gov. • Dealing with more than 1 agencies in multi level government • Cost of dealing with more regulation • Complicates business operating in different provinces (separate laws, licenses for each province) • Corporate law changes from province to province (incorporation for a business) Unconstitutional- when a gov exceeds its authority Must say “Section 91 (2) of constitution act of 1867 the trade and commerce power” to get right answer (must be precise) *Cannot say 91.2 must say 91 (2) Must say person or individual (have different meanings) Paramountcy - which law prevails in a conflict Municipal government powers given by provincial gov. cannot exceed them • If a new law is needed, businesses need to know which level of government has authority to address the problem (some business can challenge law using the division of powers) • If a government stipulates that a business is obliged to do something, and the business for some reason disagrees with this stipulation, they may be able to successfully challenge the law as not properly within the authority of that level of government 1982 was the last time we had a change in the constitution Charter can be used to challenge a law or action Government can restrict freedom of expression by a corporation when regarding health under section 1 of the constitution, if they have a good argument to persuade the court When judges don’t agree it goes by the majority decision POGG clause – residual power: if the provincial government does not have power over a certain area in sec 92 or the area of law is not in sec 92 of 91, the federal government has the residual power that makes it their responsibility Municipal governments are given the authority by the provincial government to do certain things (ex regulate restaurants) Unconstitutional - ex. when fed government is addressing a law that is under provincial authority All government must comply with the charter (under all matters that they have the authority to) Charter does protect businesses under section 2 and section 7 (“everyone”) while section 15 does not apply to corporations, only “individuals”. (Look @ slides) Person does not equal individual; person can be artificial (corporation) while nature of person has pulse Go
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