BU451 Chapter Notes - Chapter 32: Canadian Environmental Protection Act, 1999, Canadian Environmental Assessment Act, Concurrent Jurisdiction
Document Summary
All 3 levels of government are often unhappy with their powers, but it"s impossible to get everyone to agree to changes in the constitution. Sometimes gives concurrent powers to both levels of government if no conflict between laws, then both are valid. If a law conflicts with a chartered right, it"s invalid. Courts have a right to review the legality of administrative acts/decisions. 4 ways to get to judicial review (4 grounds for a challenge) If ontario creates a body that has jurisdiction over via-rail, that body never has jurisdiction over. Via-rail because ontario doesn"t have jurisdiction over the railroads in the first place. If the creating statute is ultra vires, there will be no jurisdiction. The creating statute may be valid, but decision-maker may lose authority by moving outside of jurisdiction. If via-workers try to unionize and go to the ontario labour relations board, via-rail will attack the ontario labour relations board because they went beyond their jurisdiction.
