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University of Toronto St. George
Political Science

Oct 30 2012 POL 337Y1 – Canadian Constitution Prof. Vuk Radmkovic POL 337Y1 – Canadian Constitution ---------------------------------------------------------------------- Lecture 8 Territorial limitation is written in property and civil rights laws Challenge - Jurisdictional authorities are deemed to be exclusive. But they overlap with one anther - They face challenge in this process though. What should they do? o Provide for exclusively so they decide particular subject of legislation exclusively, for example alcohol or insurance? o Or allow for overlap? - Anything that goes beyond the line of exclusivity becomes invalidated because the court is concerned with providing exclusivity - Thus federal role is incidental or minor. Law is primarily concern with provincial jurisdiction - Doesn’t mean every single law that goes across this line is going to be constitutional - History of Canadian judicial review of federalism is a bit of both Judicial committee of the privy council 1867 – 1949 - Key assumption: mutual exclusivity - Through the process of mutual accommodation o They made 3 key steps o 1. Rights in the province, and has very broad interpretation so anything can be in this category o 2. 3 key doctrines  National Importance doctrine  Residual power – logic is that only things that are truly not in the constitution, that are not specifically listed will belong by federal government  Emergency o 3. It also receives narrow interpretation and has 2 main logics that interpret this particular power  1. Interprovincial trade  2. General regulation of trade affecting the whole Dominion - Examples o PSQ: Policy status quo o Pith and Substance Doctrine – rules that alcohol was evil. Given that implication it is ok for the
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