PPAS 3135 Lecture Notes - Lecture 9: Ultra Vires, Labatt Brewing Company

• School: York University
• Department: Public Policy and Administration Studies
• Course: PPAS 3135
• Professor: Khashayar Hooshiyar

Document Summary

Trade and commerce vs. property and civil rights. Specific aspects of pogg (trade) vs. civil rights. Fed vs. prov -> which levels of government deals with those cases. Pogg and trade and commerce are being reshaped. Emphasis on exclusive federal categories and move away from provincial autonomy. However, this is just a trend and not a revolution. Where conflict arises, its mostly in favour of parliament. There are flux in the decision making patterns, which leads mostly to federalism, not provincial. The agreement is that the jc recognized the agreement for concurrent powers (in favour of provincial) scc more in favour of federal and provincial separation. In hodge v. the queen: permitting either level to legislate. Where the parliament should regulate it and provincial legislature to decide how it shall be implemented (falls to the provinces) Area of concurrent power-> depends on the case, no precedent.