4 Pages
Unlock Document

University of Toronto St. George
School of Environment
Paul Muldoon

[email protected] 1. Constitution Act, 1867 2. Constitution Act 1982 a. Cdn. Charter of Rights and Freedoms 3. Other “orders and Statues” a. No worries about this 4. Court decisions Getting through the assignment and essay topics  What is the Constitution******** complimentary!!! o A document that defines the legal (enity?) (Canada) o In Canada, the constitution is not in one place  You can amend these (1,2,3), the document itself define the mechanism of how to change it – province with a majority of cities can change it – Quebec, Ontario, BC reach an consensus, which is impossible  Canada – British colony, constitution is a statue of the UK  1982, the British north American act (constitution act, 1867)  We were subservient to the native British rule, until 1867  They move the statue from British to North America  name changed (British North American Act  Constitution Act, 1867)  Canadian Charter of Rights and Freedom – Constitution Act 1982 Britain and Canada share the embassy  Some politician are really offended in Ottawa  Spent a hundred years to get independent form Britain  What if issue brought up in parliament in different First thing come to mind: What is the issue and who is your jurisdiction? Who is the authority to act this?  Canada has 11 government all exist together  Only 2 Jurisdiction recognized: Provincial and federal government o City has enormous political power, they are under the jurisdiction of province If you have an environmental issue, whether you know there is a provincial issue or federal issue?  In 1867, what is the constitution of environmental law?  The founder of the constitution – devise the constitution o The strength of the province power, the strength of constitution (that’s why Canada is seen as a decentralized today)  Section 91 for Federal; Section 92 for Prov. o They divided the constitutions into parts Section 92:  Public land is owned by the province except it is crowned federal land (e.g. federal national park)  Harbour – everything except the port, Seabed would be provincial  Everything would be provincial – air, sea, gas etc.  Provincial Statue that create the city o Municipal act, planning act o A city is a creature of the province, the province give the power to the city to build, the city must act in those delegated power  What is the difference between Canadian and US cities? o Cities cannot borrow money from the provinces when exceed certain amount o Can the city collect any kind of tax- most of them are restrained on the power of taxing especially property tax o Cities are mostly being command by the province  92 (13) o Convinced the premiere he has the power to make that law, otherwise he would be sue. o Ultra vires/ Intra vires o Who is the constitutional basis to make the law? o The right to do things in your property – garbage maintenance o Province are given the power to control the value of property – importance environmental gateway, key provincial mechanism for environmental control  92(a) o Already Implicit in common law, it was clear that province had that power Section 92  A large amount of power for the province to regulate  Presumption: to deal with environmental basically dealing with section 92 Section 91  These take a chunk for the power of provincial the government  91 (10) – red and green boards – rules of the roles – federal government has to be federal, any things deal with ta market,  91(12) – any waterways with fish is federal jurisdiction, farmers’ pond  91(27) – criminal: Health and moral
More Less

Related notes for ENV422H1

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.