CMN 2170 Lecture Notes - Lecture 2: Ultra Vires, Prima Facie, Precedent
2 Apr 2017
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Final analysis of radio reference (reading), dion, broadcasting act reference. Debate about netflix tax - to tax netflix in canada because it is bringing unfair competition to canadian providers (i. e. crave) Focus on reading 2 (2 cable undertakings in quebec who secured licenses) ^whether or not issuing licenses to undertakings, was the province acting ultra vires . Ultra vires = gov"t body is acting outside of its properly constituted legal authority. How specifically does cable television work in that context. Dionne case is distinguished by earlier telephone case. Prima facie (preema faschie) = the facts are similar but distinguishable, therefore the. Telephone analogy (with bell in toronto): tele undertakings can be local undertakings. ^supreme court concluded that telephone undertaking was in fact local precedents set in earlier case do not need to be followed. Stare decisis (starry deecisis) = rule of precedent, the doctrine derives from broader sense = let that rest that has been decided .
