Class Notes (1,100,000)
CA (630,000)
UNBC (100)
COMM (30)
Lecture 2

COMM 300 Lecture Notes - Lecture 2: Specific Performance, Freedom Of Movement, Ultra Vires


Department
Commerce
Course Code
COMM 300
Professor
Paul Lester
Lecture
2

This preview shows half of the first page. to view the full 2 pages of the document.
- In an effort to protect its dairy industry, a provincial government passed a law that
prohibits the importation or manufacture of soy milk. If a soy milk company challenges
that statute on constitutional grounds, what would a court likely say
o The statute is at least partially intra vires because provinces have the authority to
regulate the production or manufacture of things like soy milk
- In an effort to protect its dairy industry, a provincial government passed a law that
prohibits the importation or manufacture of soy milk. If a soy milk company challenges
that statute on constitutional grounds, what would a court likely say
o The statute is at least partially intra vires because provinces have the authority to
regulate the production or manufacture of things like soy milk
- Which of the following statements is TRUE with respect to the Charter
o It was introduced in 1982
- The federal, provincial, and territorial governments have decided to re-consider the
contents of the Charter. They are particularly interested in the possibility of protecting
economic and property rights. Which of the following statements is TRUE
o The introduction of a new Charter right for the protection of economic and
property rights would probably make it easier for courts to compel governments
to ensure that every Canadian enjoys adequate housing
- The Charter includes (among other things) rights regarding
o equality based on religion, age, and ethnic origin
- A provincial government recently enacted a statute that established a scholarship for
“Aboriginal students who are enrolled at Canadian universities.” Melissa, a university
student whose ancestors were all born in England, believes that the scholarship is
unconstitutional because it unfairly discriminates against her on the basis of her race. If
Melissa brought that complaint to court, a judge would likely say that
o the scholarship is valid under section 15(2) of the Charter because it is aimed at
improving the conditions of a disadvantaged group
- The rights and freedoms contained in the Charter are limited
o by the ability of a federal or provincial government to invoke the notwithstanding
clause
- Lamda Corp is based in Vancouver, but sells products across Canada. Which of the
following statements is TRUE with respect to Lamda Corp and the Charter
o Although Lamda Corp enjoys freedom of expression, it does not enjoy freedom of
religion
- The Premier of your province wants to invoke the notwithstanding clause in order to
avoid the consequences of a recent decision by the Supreme Court of Canada. Before he
tries to do so, however, he wants to know as much as possible about the notwithstanding
clause. Which of the following statements is TRUE
o The notwithstanding clause can be used against equality rights, but not against
mobility rights
You're Reading a Preview

Unlock to view full version