Law 2101 Study Guide - Quiz Guide: Harvard Step Test, Summary Offence, Ultra Vires
Document Summary
Problems of interpretation are persistent in federalism review: judge cant rely on logic and technical lawyering skills such as textual analysis and application of precedent. Act and made contravention of the act a summary conviction offence: appellant argues that regulation is valid provincial legislation enacted pursuant to provinces legislative authority over hospitals, health, and practice of medicine. Issue(s): is this legislation ultra vires the province of nova. It is determined from the terms itself) and practical effect (actual economic and social effects. / purposes enacted to achieve: use of extrinsic materials: court entitled to refer to extrinsic material of various kinds provided its relevant and not unreliable. Used to be prohibited, but the morgentaler decisions focus attention on purpose or concern of abortion legislation to determine if it is truly criminal law. Conclusion and holding: yes, the provincial legislation is ultra vires. Subject part of criminal law, and the legislation is suspect on its face.
