LAW 122 Study Guide - Midterm Guide: Section 33 Of The Canadian Charter Of Rights And Freedoms, Ultra Vires

• School: Ryerson University
• Department: Law and Business
• Course: LAW 122
• Professor: Clara Chapdelaine- Feliciati

Document Summary

Two levels of government: federal (canadian government: ottawa) and provincial (each province has its own government) The constitution divides legislative authority: federal government: e. g. , crime, bankruptcy, copyrights (section 91, provincial government: e. g. , property and civil rights (section 92) When a government legislates outside its authority the law is: ultra vires (= beyond the power of) and, the law has no force or effect (s. 52) Originated in ancient rome, then europe, eg france, spain, portugal and colonies. Quebec: for provincial powers, eg: contract law, tort law. Some law are the same across canada because they are within the federal power (the government of canada): example: criminal law. Hierarchy of sources of law in canada: the constitution, legislation: a. Laws created by parliament or legislature: courts: Hierarchy of sources of law in the civil law system: civil code, doctrine: interpretation of the civil code. = example of countries: france, russia, italy, spain, mexico, thailand.