BADM 1010 Chapter Notes - Chapter 1: Pith, Precedent, Canadian Human Rights Act
26 Sep 2013
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Business law- fundamental rights and the canadian court system -chapter 1 & 2. Where do legal principles come from: canadian constitution-supreme law. No other law or principle can contradict the supreme law. In 1867, the bna (british north american) act outlined the division of powers between the federal and provincial governments. Federal government (section 92): included matters of common interest (peace, order and good of government) in relation to all matters, except those given to the provincial government. Provincial government (section 91): gives provinces the exclusive jurisdiction over all matters that are local or private in nature, in the province. Ultra vires (outside of your power): if you cross the line and do something in which you don"t have the power to do, you have acted outside of your power and the law you"ve created is unconstitutional. Businesses can challenge a law as being ultra vires regarding which division of power in the constitution is overruling.
