Law 2101 Lecture Notes - Lecture 8: Henry Morgentaler
12 Dec 2017
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Document Summary
Federalism: 1937: re-examination of economic and financial basis of confederation and of distribution of legislative powers b/c of the economic and social developments of the last 70 yrs. 2. interpreting the power-distributing sections of the constitution to determine if it better fits fed or prov jurisdiction. 2. legal effect: how the legislation as a whole affects the rights and liabilities of those subject to its terms. Legal effect is often a good indicator of the purpose of the legislation. 3. the use of extrinsic materials: in determining the background, context, and purpose of challenged legislation, the court is entitles to refer to extrinsic evidence of various kinds (must be relevant and reliable). 4. scope of the applicable head of power: if its criminal law then its up to parliament (as stated in the. Constitution 1867) this depends on whether or not there is a presence of criminal public purpose or object.
