LAW 525 Lecture Notes - Lecture 2: Ultra Vires, Consumer Protection, Short S.27

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13 Dec 2021
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Lecture 2: september 16 (first half chapter 2) Constitution governs who can make the laws for the marketplace. Highest law, supreme law of country, all other laws must follow. What federal (s. 91) and provincial (s. 92) can do: division of power: constitution act 1867, any doubt, assumption is federal holds power. Municipality has no power under constitution, authority is delegated from the province. Charter of rights and freedoms: part of the constitution. Constitution law is developed by judiciary: how its interpreted and applied is determined by the courts, principal of hierarchy and precedent (stare decises?, amendments: 7/10 provinces and 50% of population. Referendum (voting: not withstanding clause: quebec tried to make business change their name to french (toys r us), they pushed back said it infringed on charter of rights and their business rights. Applies to government (fed, prov, territory: laws and regulations. Private parties: provincially governed human rights legislation or consumer protection act.

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