POLS 3135 Lecture Notes - Lecture 9: Pass Laws, War Measures Act, Charlottetown Accord
7 Dec 2018
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Act/statute: in the act it states that the act is delegated for further law making to the. Issue: provincial government of ontario had passed an act that created legal commission and delegated authority to this commission to regulate use of billiard tables: challenged- invalid: provincial legislative assembly has no power to legislate to another body. Reference gray (1918: war measures act, authorizes cabinet to make all laws that are necessary during the war, parliament delegated law making authority to executive (cabinet, pm) to make any laws. It was challenged on the ground that the federal government has delegated authority to another body= unconstitutional. Jcpc rejected - federal parliament has the power to delegate: however, power of delegations is not absolute, if parliament has abandoned its responsibility/surrendered responsibility= Therefore, both levels of the government have the authority/power to delegate authority to bodies within the same body except for taxation: provincial to premiers.
