Law 2101 Lecture Notes - Lecture 7: Kroger, Supremacy Clause, Unemployment Insurance Act 1920
8 Mar 2018
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Has to involve state (government) -> s. 32. Ex: argument that law being enforced is unconstitutional how law is being enforced is unconstitutional. Can challenge law that has been enacted, even it is not being enforced. Due to what they do and who they affect. Ex: big m drug mart, cannot be open on sundays, violated freedom of religion. State enacts law banning listening to nickleback in all public places. Ordinary law enforcement = challenge charges (listening to nickleback in park) Can challenge law = as president of fan club you launch pre-emptive challenge. Kroger v attorney general of ontario say kroger (plaintiff) wins. Ag appeals decisions: ag becomes plaintiff and kroger is defendant. Person making claim (plaintiff/applicant) v state (attorney general) Must have standing: be affected by the law. Plaintiff is directly affected or has genuine interest in law. There is no other reasonable/effective means of bringing the issue before the court.
