POL337Y1 Lecture Notes - Stamen, Pith
Document Summary
Territorial limitation is written in property and civil rights laws. They face challenge in this process though. Anything that goes beyond the line of exclusivity becomes invalidated because the court is concerned with providing exclusivity. Thus federal role is incidental or minor. Doesn"t mean every single law that goes across this line is going to be constitutional. History of canadian judicial review of federalism is a bit of both. Judicial committee of the privy council 1867 1949. Through the process of mutual accommodation: they made 3 key steps, 1. Rights in the province, and has very broad interpretation so anything can be in this category: 2. Residual power logic is that only things that are truly not in the constitution, that are not specifically listed will belong by federal government. It also receives narrow interpretation and has 2 main logics that interpret this particular power. General regulation of trade affecting the whole dominion.
