Crim135 problem#3

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Department
Criminology
Course
CRIM 135
Professor
Graeme Bowbrick
Semester
Summer

Description
Problem #3 The year is 2005 and the Government ofAlberta is opposed to same-sex marriage. It is particularly angry because the federal government has just passed a law called the Equality in Marriage Act that defines marriage as “the union of any two people to the exclusion of all others”. In response to the federal statute, theAlberta government has passed its own law, called the Traditional Marriage Act that defines marriage as “the union of one man and one woman to the exclusion of all others”. Edward andAlbert are a same-sex couple who live inAlberta. They strongly believe they should have the legal right to get married, and they are very vocal about this. They have decided to get married in a ceremony in their hometown of Calgary, Alberta. When theAlberta government hears about this, they decide to do something about it. The Alberta government learns that Edward owns a bar, so the government takes away his liquor licence. This forces Edward to close his bar. The government gave no reason for taking away his licence; it has not stated that Edward did anything wrong. Edward has learned that the reason the government took away his licence is that some government cabinet ministers strongly disapprove of same-sex marriage in general, and they particularly disapprove of Edward’s andAlbert’s plan to have a wedding ceremony. In reaction to theAlberta government’s Traditional Marriage Act the federal government is taking theAlberta government to court, arguing theAlberta law is unconstitutional. One of the things the federal government has said is that if different provinces have different laws on same-sex marriage this will create a national emergency, and the federal government addressed this national emergency by passing the Equality in Marriage Act – and the federal statute must prevail over the provincial statute. 1. What do you think of the federal government’s argument that it had to pass the Equality in Marriage Act in order to address a national emergency? Explain what you think the federal government’s argument might be. Do you think this is a good argument – will it succeed? 2. What other constitutional argument might the federal government make to justify the federal law and challenge theAlberta law? Explain your answer with reference to relevant parts of the constitution. Do you think the federal government will succeed with this argument? 3. Is there anything Edward can do about theAlberta government taking his liquor licence away? Explain your argument with reference to relevant parts of the constitution. Do you think Edward will succeed with this argument? -------------------------------------------------------------------------------------- In 2005, the federal government passed the Equality in Marriage Act that defines marriage as “the union of any two people to the exclusion of all others”. TheAlberta government passed the Traditional Marriage Act that defines marriage as “the union of one man and one woman to the exclusion of all others”. The federal government argued theAlberta law is unconstitutional. And if different provinces have different laws on same-sex marriage this will create a national emergency, and the federal government addressed this national emergency by passing the Equality in Marriage Act 1. What do you think of the federal government’s argument that it had to pass the Equality in Marriage Act in order to address a national emergency? Explain what you think the federal government’s argument might be. Do you think this is a good argument – will it succeed? Is this a good agrument? → Federal vs. Provincial The division of legislative powers (D.O.P.) -the constitution sets out the power of government as 10 provincial legislatures and 1 federal parliament. Federal government is not necessarily superior to provincial governments.And this links back to the pupose of the f
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