Class Notes (1,019,033)
CA (585,302)
UofGH (618)
(45)
Lecture 6

BADM*1010 Lecture Notes - Lecture 6: Ultra Vires, Pierre Trudeau

2 pages98 views2016

Department
Business
Course Code
BADM*1010
Professor
hughlambe
Lecture
6

This preview shows half of the first page. to view the full 2 pages of the document.
Lesson 1
Basis Of Law
Two types of government in Canada: Federal Government and Provincial Government.
Federal Government has control over matters related to money (banks), aviation, railways, post office,
telecommunication, trade and commerce.
Provincial Government has control over matters related to property, education, civil rights, healthcare.
Ultravires: beyond the power to pass down law in this government (of the provincial government).
Laws can be invalid if a government did’t hae the power to pass that law.
Constitutional Act
British North America Act- there as’t a parliaet i Caada so las used to get passed fro Britai.
Most parts of Canada was colonized at that time.
Originally had to go to the British parliament to change a law.
1960- the Canadian government decided that o- ly they will have the right to make changes
Pierre Trudeau changed that- the constitution repatriated to Canada.
if the provincial government ated to ake urre the that’s ultra ires. The ourt decides
this law means nothing.
Broadcasting- federal govt
Protection of children- provincial govt
govt lost $$$ to pass laws against cigarette smoking.
however, laws that the provincial government could recover money from cigarette companies
because of cigarette related sicknesses
Across Canada- Power to federal govt, but courts decided provincial government since it must
do with healthcare.
o Laws related to Land, not necessarily laws
Charter of Rights and Freedom
If the government passes law that’s affets our usiess, ou a sa that la does ot
apply to you- in terms of charter.
Rights given to individuals and cannot be taken away by the government of Canada.
Charter of Rights and Freedoms was passed by the Canadian Government
For example, banning advertising will cause a decrease in sales- against the charter
because it infringes freedom of expression.
Competition Act
Police needs to get search warrant- RIGHT, SEARCH & SEISURES.
They have to convince Justice of Peace to issue search warrant
Human Right Act (prohibited grounds for discrimination)
Prohiits disriiatio i ertai areas: eploet & housig… et.
The charter does not have anything about sexual orientation but does have sex in the charter
find more resources at oneclass.com
find more resources at oneclass.com
You're Reading a Preview

Unlock to view full version


Loved by over 2.2 million students

Over 90% improved by at least one letter grade.