CRIM 135 Study Guide - Midterm Guide: Ultra Vires

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Problem
- Dr. Smith decides that he will advertise his practice
- Dr. Jones regularly charges an extra $25 for office visits
Then…
Federal government passes law banning extra billing by doctors (extra billing can’t charge extra money than government pays
government gives them a set payment)
o Punishable by $2000 fine and/or up to 6 months in prison
- The law also prohibits doctors from practicing privately, and makes it an offence for a doctor to advertise their practice /fees
- Dr. Smith/ Jones are charged under this federal law
Discussion
- 1) Dr. Smith
o Is there anything Dr. Smith can do about this? Is there any legal argument Dr. Smith has?
***Side note: Outline in detail the concepts that you are going to be relying upon. Like the law you want to apply
here?
*** NO POINT FORM ON EXAM :@@@@
Ex: Our Constitution Act of 1982,
o Part one of our constitution act is our Canadian Charter of Rights and Freedoms
o And included in our Charter, under Section 2(b) it protects various freedom of expression, and these
rights are available to everyone in Canada, which includes citizens and non citizens
o What does freedom of expression mean? You have the right to express yourself in any way, without
government interference. Protection of your expression against the government limitation
Now apply the laws to the facts
o Dr. Smith advertising would classify as freedom of expression, and all forms of expression is protected
under section 2(b), therefore this law would violate his freedom of expression under section 2(b) in
the charter
- If the year is 1967, charter of act of 1982, removed
o Constitution act of 1867, there’s an implied bill of rights
o In the preamble it makes reference to system of Canadian government shall have a constitution that is similar to principle to
that of the United Kingdom - Britain’s government
o The implied bill of rights sets “implied” in this language by our courts
o With the implied bill of rights, there are 4 elements and basic democratic rights
Doctrine.. blahblah
And the basic democratic rights, includes freedom of expression, speech, press, association, assembly
Now apply the law to the facts
o Dr. smith when he advertises he’s trying to express himself, therefore when the federal law tells him
he’s not allowed to advertise like this, federal government is violated his implied bill of rights in 1867,
therefore the federal law is unconstitutional due to violation of constitution act of 1867
- 2) Dr. Jones
o Is there anything Dr. Jones can do about this?
*** Side note: Assume government is trying to regulate healthcare
Under the Constitution act of 1867, division of legislative power, between federal and provincial power
Section 91 is federal power
Section 92 is provincial power
o Section 92 (7) the provinces have jurisdiction over hospitals, today this means healthcare
Ultra Vires: governments are restricted from passing laws within their jurisdiction, therefore, not permitted to go
outside their jurisdiction
Now apply the laws to the facts
o Dr. Jones is practicing medicine in BC, and when he decides how he practices to building his patients,
that’s healthcare in BC, therefore federal law, trying to regulate how he practices is ultra vires in the
federal parliament, and in constitution act 1867, healthcare is exclusive is provincial jurisdiction
o
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Document Summary

Dr. smith decides that he will advertise his practice. Dr. jones regularly charges an extra for office visits. Federal government passes law banning extra billing by doctors (extra billing can"t charge extra money than government pays government gives them a set payment: punishable by fine and/or up to 6 months in prison. The law also prohibits doctors from practicing privately, and makes it an offence for a doctor to advertise their practice /fees. Dr. smith/ jones are charged under this federal law. ***side note: outline in detail the concepts that you are going to be relying upon. You have the right to express yourself in any way, without government interference. Protection of your expression against the government limitation. If the year is 1967, charter of act of 1982, removed: constitution act of 1867, there"s an implied bill of rights. And the basic democratic rights, includes freedom of expression, speech, press, association, assembly.

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