pg 155 - 161 Flashcards
Section 91 of the Consitution Act, 1867 states?
Authorizes parliament to “make laws for the peace, order and good government of Canada”
what is POGG?
where the federal government has power to take actions on a national emergency or crisis where it would fall under provincial legislature.
what consitutes as a valid criminal law purpose?
Supreme Court of Canada:
Public peace, order, security, health morality”
- aka. the “margarine reference”
The provinces are empowered by s. ____? of
the Constitution Act, 1867 to impose punishment in order to enforce provincial laws.
92(15)
Section ____? of the Constitution Act, 1867 gives
Parliament exclusive power to legislate for “Indians, and lands reserved for the Indians.”
91(24)
- This head of power authorizes the Indian Act and other federal legislation dealing with Indigenous persons.
what “pith and substance”?
to determine the validity of provincial or federal legislation.
interjurisdictional immunity?
to determine the appliciablity of the provincial or federal legislattion.
If the law is properly classified as
falling within the enacting body’s jurisdiction, it is ______?
INTRA Vires
If the law is more properly classified as falling within the other level of government’s exclusive jurisdiction, the law will be declared ______?
ULTRA Vires
The ______? doctrine allows one level of government to enact provisions that, despite intruding into the exclusive powers of the other level of government, are nonetheless valid because they form an important part of a broader legislative scheme that is within the competence of the enacting body.
Ancillary powers doctrine
