POLS 3135 Lecture Notes - Lecture 8: Reference Question, Canadian Content, Air Navigation
7 Dec 2018
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Week 8: treaty making power and federal division of power over communication and transportation. 1926: imperial conference: recognizes colonies as equal to british parliament. 1931: westminster statue: establishes canada as a legally independent country, british law was no longer applicable to canada without consent of canadian government, canada can sign treaties as an independent country. 1947 letters patent: transferred treaty making power possessed by british crown to governor general in. Jurisdictional conflict between two levels of government: line of conflict- power to enter into treaties with other countries and power to implement these treaties. Jcpc did not rest its decision on s. 132 because canada was an independent now: section 132 is absolute. Jcpc went further though, said- since radio transmission is not mentioned in section 92, it is actually brought under pogg (already brought to emergency: but now said it was possible.
