[JUST*2030] - Midterm Exam Guide - Comprehensive Notes for the exam (12 pages long!)
Document Summary
Bna act 1867 became constitution act 1867. Revised constitution act 1882 instituted charter of rights and freedoms. Conflict sometimes over who has ultimate authority. Originally to take responsibility of civil and property rights . Now dealing with public order and safety . Has the authority to set out laws under their governing section quasi criminal laws . Where does provincial legislation get its power from: section 92 of the constitution act, does not alter the charter you need altogether an exceptional situation to interfere (federal to provincial) Double aspect doctrine acknowledges some have both federal and provincial purposes. Coroner"s inquest (murder may be the crime but the inquest is provincial). Where two laws conflict and both laws have valid authority federal law will prevail. When determining where it falls s. 91 or s. 92. Anytime there is new law and it is contemplated between s. 91 &92, it automatically goes under federal legislation first.
