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Hypothetical Question 2 for Exam 3NN6.docx

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Department
Political Science
Course
POLSCI 3NN6
Professor
Greg Flynn
Semester
Fall

Description
Started on: 12/2/2013 8:59:00 AM C LASS N OTES FOR : 3NN6 McMaster University, Fall 2013 M ONDAY , D ECEMBER 2, 2013 Hypothetical Question for Fall Exam 2013  Step 1: Determine the Jurisdiction (PURPOSE) o To prevent the spread of another pandemic  “An act respecting the control of outbreaks of widespread illnesses, epidemics and pandemics and ensure the operation and continuation of the Canadian Health Care system” o To ensure that people receive the appropriate and approved vaccination prior to returning to work in a health care facility  Step 2: Parsons Test (Does it fall under 92? No  Federal | Does it fall under 91?  No  Provincial | Reconcile) o 92(13)  Property and Civil Rights  Rights arising from contract  Citizens Insurance v. Parsons  In this case, employment contracts   *** T.E.C v. Snider (Supply of goods v. contracts of employment and labour conditions)  Certain powers to prevent crime  Powers to control transactions taking place wholly within the province, even if the products themselves are imported  Caloil Inc. v. Attorney General  Regulation of trade and industry within the province including  Labour relations and the regulation of professions  Law society of British Columbia v. Mangat  Trading in securities  Manufacturing Assuming that it does not fall under section 92 go to section 91 Trade and Commerce, Criminal Law/POGG  Trade and Commerce  [PARSONS] o International and Inter-provincial Trade  Designed to ensure the economy of Canada, but the legislation speaks to a specific thing [might be done so that trade continues]. It does not speak about doctors moving between borders, etc. Is it the primary purpose to control trade going out of the province? If it falls in the broader category then it has jurisdiction o Trade affecting the dominion as a whole  In this case, we will not have to do the test BUT we need to do it. Is it a matter dealing with trade affecting the dominion as a whole? GENERAL MOTORS; - Regulatory Scheme - Etc. - ALL FIVE CONDITIONS HAVE TO BE MET Angie © McMaster University 1 Fall 2013 Started on: 12/2/2013 8:59:00 AM Assuming that it does not fall under Trade an
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