PLAN471 Lecture Notes - Lecture 2: Supremacy Clause, Provincial Superior, Canada Act 1982
20 Mar 2016
School
Department
Course
Professor
Document Summary
Dillons rule: municipalities have only those power that are explicitly given to them through legislation or if necessarily implied to carry out the powers given from provincial legislation. Ontario: the municipal act, the planning act, the building code act, the ontario. Municipal councils have boundaries within which they must function. Applications: seeking ruling of the court on the interpretation of the court on legislation where there is an agreed set of facts, seeking a declaration from the court. Constitution act 92(8) gave creation of municipal institutions to the provinces. Charter of rights and freedoms (1982) allows governments to look behind legislation and ensure that it does not infringe on the charter. When there are fundamental moral questions of infringement on the charter. The court"s role is mainly to ensure that the government has not overstepped its jurisdiction. Administrative tribunals can comment on merits of legislation, courts do not.
