PPAS 3135 Lecture Notes - Lecture 7: Combines Investigation Act, Consumer Protection, Labatt Brewing Company
25 Jun 2018
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Week 6: Property and Civil Rights vs. Trade and Commerce power
1. The main lines of jurisdictional conflict between the two levels of government
revolve around the following sections of the BNA ACT of 1867;
a. Trade and Commerce – Property and Civil Rights
b. Federal jurisdiction;
b.i. Preamble to section 91(POGG); 91(2) Regulation of trade and
commerce; 91(27), criminal law
b.ii. 132 (treaty- making power); section 121 (the free movement of
goods across provinces),
c. Provincial Jurisdiction:
c.i. Section 92(13); property and civil rights in provinces
c.ii. Section 92 (16); all matters that are local and private in nature
(residuary power).
2. Property and civil rights;
a. Historical background: Pre-confederation era
b. The difference between civil rights and civil liberties is distant, no
parallel to American BoR
c. Civil rights relate only to matters of contracts or property; the law
establishes your rights
c.i. Whereas liberty is the absence of the legal construct, individual
is free to pursue his benefits in pursuant with positive law
Regulation of insurance:
Is not mentioned in the BNA ACT. Judicial rulings have emphasized the
interpretation of insurance regulation within property and civil rights. However,
there is room for the federal law to operate
Court cases between Fed and Prov
3. Citizens Insurance Co. v. Parsons (1882).
a. Issues: Legality of Ontario Fire Insurance Act
a.i. Defines insurance terms and eligibility
a.ii. Insurance companies argues it was ultra vires of the provincial
government
b. Ruling: JCPC ruled that the act was constitutional and intra vires of
provincial government. Establishing the parameters for the federal
jurisdiction over trade and commerce which are restricted to three
areas: interprovincial trade, international trade, and general trade that
affect the whole country.
b.i. Thus intraprovincial trade cannot be regulated by the federal
government
c. Constitutional implications:
c.i. Root of issue is which level of government has the authority to
regulate a certain field
find more resources at oneclass.com
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Document Summary
Preamble to section 91(pogg); 91(2) regulation of trade and b. ii. commerce; 91(27), criminal law. 132 (treaty- making power); section 121 (the free movement of goods across provinces): provincial jurisdiction: c. i. Section 92(13); property and civil rights in provinces c. ii. Whereas liberty is the absence of the legal construct, individual is free to pursue his benefits in pursuant with positive law. Judicial rulings have emphasized the interpretation of insurance regulation within property and civil rights. However, there is room for the federal law to operate. Court cases between fed and prov: citizens insurance co. v. parsons (1882). a. Issues: legality of ontario fire insurance act a. i. Insurance companies argues it was ultra vires of the provincial government: ruling: jcpc ruled that the act was constitutional and intra vires of provincial government. Establishing the parameters for the federal jurisdiction over trade and commerce which are restricted to three areas: interprovincial trade, international trade, and general trade that affect the whole country. b. i.
