1Review of Constitutional materials
-Law is neccessary to any civilized society. But one needs authority to impose one’s will on
others. Legislatures in Canada get that authority from the Constitution Act 1982.
- Constitution Act, 1982 = rules for running the country and each of the provinces. It consists
of the Constitution Act, 1867 (the old British North America Act, a piece of British legislation,
which was our Constitution prior to March, 1982) and the new Charter of Rights and
S. 52 of the Constitution Act, 1982 says that the Constitution Act, 1982 is the supreme law of
Canada and all other laws must comply with the Constitution.
- If a law doesn’t, it is unconstitutional (“ultra vires” = “beyond the powers of”) that level of
legislature or government (if it is government action or delegated action).
- It is therefore completely ineffective, and has no power or effect
SS. 91 and 92
- With legislation or government action, the first thing to check is whether it is intra vires
(“within the powers/authority”) of that particular level of government, under
a. s. 91 (national) or
b. s.92 (provincial).
- Anything t