CRIM 135 Lecture 6: crim 135 lecture 6
12 Feb 2017
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Document Summary
Concept in latin, outside or beyond jurisdiction. Reinforces the notion that those who act legally must be legally authorized. Those who claim to act with legal authority must have legal authority. If government act outside areas of constitutional authority = ultra vires. Critical becuase its the only way to cahllenge the government successfully. If governmtnt is acting in legal authority then there"s nothing you can do. Only if they act outside of jurisdiction. If provincial and federal has authority then each must act within authority. Ultra vires because under 91(27) only federal can make criminal law. Only way to win is by successful argument. Area of legislative authroity that only belongs to one government. Federal government cant get into provincial health care. 91(27) criminal law, only federal government can operate here, not provincial. Constitution can"t be flexible in how they approach problems. Can"t cooperate with each otehr because they have to stop outside their legislative authority.
