municipalities

Question 1

a role for municipalities?

Answer 1

• increasingly more control as more people move to cities

- must abide by bylaws

Question 2

from where does municipality get power (NS)

Answer 2

• enabling statute: halifax municipal regional municipality charter
• powers, tax collection, bylaws, planning, subdivision, streets, waste management
• other municipalities governed by general municipalities act

Question 3

spraytech v hudson applicants and respondents

Answer 3

• applicants: landscaping companies use federally approved pesticides and hold licences under quebec pesticide act thought municipal bylaw would hurt business
• respondent: town of hudson, empowered under cities and towns act banned certain applications in response to health concerns

Question 4

spraytech v hudson charge

Answer 4

• bylaw 270 restricted use of pesticides within town limits to specific locations and activities
• companies charged under violation of bylaw
• plead not guilty
• received suspension of proceeding to launch case against town
• sought declaration that bylaw was inoperative and ultra vires town’s authority

Question 5

spraytech v hudson : spraytech v hudson ADM and decision

Answer 5

• ADM: municipality

- bylaw: ADM decision

Question 6

spraytech v hudson: what category of law does making a bylaw fall?

Answer 6

admin law

Question 7

spraytech v hudson: what category of law did companies challenge bylaw with

Answer 7

askign courts to step in and tell adm what to do, challenge decision
- judicial review

Question 8

spraytech v hudson : under what category of law were companies charged

Answer 8

• regulatory offence

Question 9

spraytech v hudson: SCC issues

Answer 9

• companies lost at court of QC and QC court of appeal, SCC agreed to hear it
• did town have authority to enact bylaw
• if had authority was bylaw inoperative bc of conflict with fed or prov law

Question 10

spraytech v hudson: l’heureux dube

Answer 10

• future depends on healthy environment
• reference to la foret - environemtnal protection should be shared by all levels of gov
• quebecs towns and cities ct: powers to create bylaws and powers to enable municipalities to respond to challenges without amending acts
• can create bylaws to secure peace, order, good government, health and general welfare as long as not contrary to canadian laws

Question 11

spraytech v hudson: statutory interpretation

Answer 11

• LD: look to purpose of bylaw: to promote health of residents - falls within health component of act
• turn to textbook example: if a municipality passed a bylaw prohibiting the use of pesticides one can conclude that purpose of law was to protect health

Question 12

issue 2: conflict with fed law

Answer 12

• la forest: environment is multijurisdictional
• if you can comply with all, no conflict but one can be stricter than the other
• l’heureux dube: the existence of prov or fed legislation doesnt prevent municipalities from regulating

Question 13

precautionary principle

Answer 13

• LD: to permit a town to regualte pesticide use is consistent with precautionary principle
• must anticipate environmental degradation and cant use uncertainty as reasoning to not do stuff

Question 14

media

Answer 14

• important to ensure that 3 levles of gov do what they are supposed to
• free and independent media just as important as judiciary
• otherwise wont know anything about what goes on in world