Law 2101 Lecture Notes - Lecture 6: Henry Morgentaler, Travel Agency, Pith
5 Dec 2017
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Key concepts of federalism: criminal law, economic law, peace, order and good government. Thursday october 5 2017: scc traditionally has given broad authority to federal government to regulate criminal law. Firearms act is colourable attempt to regulate property rights of gun owners (s. 92 (13): alberta ca rules 3:2 for federal government, scc rules 9:0 for federal government. The court: we conclude that the gun control law comes within parliament"s jurisdiction over criminal law. The law in pith and substance is directed to enhancing public safety by controlling access to firearms through prohibitions and penalties. This brings it under the federal criminal law power. While the law has regulatory aspects, they are secondary to its primary criminal law purpose. The intrusion of the law into the provincial jurisdiction over property and civil rights is not so excessive as to upset the balance of federalism.
