POLSCI 3NN6 Lecture Notes - Oldman River, Canadian Federalism, Extraordinary Measures
20 Nov 2013
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Document Summary
Post jcpc: scc and post jcpc era. Despite the opportunity to recast canadian federalism, it followed along the footsteps set our by the jcpc. Established new law, but have generally followed along in the same path. Changes to mildly alter and clarify issues set out by the jcpc. Does the government in question have the jurisdiction to enact the legislation that is doing: peace, order & good government, gap doctrine filling gaps in the constitution; The constitution is silence on who gets to make the language laws. The mayor decided that he would challenge the languages act; Challenged on the basis that it was outside the jurisdiction on the federal parliament. Oldman river soc. v. canada [1992] 1 scr 3. The environment is relatively recently where it became a formal policy concern. Long oldman river involves various federal and provincial jurisdictions. The federal government did not have the jurisdiction to pass its government laws.
