Law 2101 Lecture Notes - Lecture 9: Henry Morgentaler, Travel Agency, Pith

• School: Western University
• Department: Law
• Course: Law 2101
• Professor: Mysty Sybil Clapton

Document Summary

Recap: what is federalism, constitutional arrangement in any part. Country where there is divide between government powers between central and state: what did the bna act/ca 1867 do, created the federal state. Lays out the powers that are assigned to federal government and provinces: created parliamentary government in canada, ordinary statute of westminster parliament from1867-1982 (115 years) until brought to. Shift in balance of powers between 1867 and the present towards provinces: r. v. morgentaler (scc, 1993) - important to look for the pith and substance (the essence) of the matter. Federal government enacts firearms act (amending criminal code) in 1995 to ban some types of firearms, + create gun registration and licensing system: alberta gov"t in 1996 challenges legislation by reference to alberta ca. Firearms act is colorable attempt to regulate property rights of gun owners (s. 92(13): alberta ca rules 3:2 for federal government, going to use the 3p test.