PLAN 471- Midterm Exam Guide - Comprehensive Notes for the exam ( 99 pages long!)
5 Oct 2017
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What that judge decided on in that case and why. Province passing a law dealing with emissions. Court is saying that if you go back to bylaws in paragraph 2, the exhaust fumes bylaw, the regulation in that bylaw conflicts with section 6 of environment in above cities. Pg 95, quote is best description of concurrent jurisdiction. Paragraph 39, there is no dual compliance with bylaw and the act. Other judges providing alternative decisions paragraph (cid:883)(cid:883), and judges is saying that municipalities can"t do that cause province is. Notion that we don"t need to focus on the environmental policy context as much as doesn"t, whether there"s enabling legislation and whether there"s operational. Constitution act 1982, section 35 the existing aboriginal treaty rights of the the initial judges one in order to get to that same decision. Para 48, talks about towns act authorizing by-law. Two cases above deal with concurrent jurisdiction.
