PUB2 101D2- Final Exam Guide - Comprehensive Notes for the exam ( 49 pages long!)

• School: McGill University
• Department: Public Law 2
• Course: PUB2 101D2
• Professor: Alexander Pless

Document Summary

Valid effects (a day of rest) cannot save an invalid purpose compulsion of a religious observance. No shifing purpose for the application of s. 1 the purpose of the legistation must be the real initial purpose. The lord"s day act cannot be found to have a secular purpose on the basis of changed social conditions. Legislative purpose is the function of the intent of those who draft and then enact the legislation at the time and not of any shifting variable. Moreover, consideration of the object of legislation is vital if rights are to be fully protected. The assessment by the courts of legislative purpose focuses scrutiny upon the aims and objectives of the legislature and ensures they are consonant with the guarantees enshrined in the charter. The declaration that certain objects lie outside the legislature"s power checks governmental action at the first stage of unconstitutional conduct.