Canadian Constitutional Law #6: Division of Powers Monday, Oct 30 2006
1L and Canadian Constitutional Law and Constitutional Law and Erin Morgan and McGill Faculty of Law 3:54 am
Does prohibition relate to national unity? Apparently so. We look at three early prohibition cases to exemplify how the Judicial Committee of the Privy Council developed two doctrines used to interpret constitutional division of power, the “pith and substance doctrine” and the “double aspect doctrine”. In the third case, the JCPC begins to reverse this trend and we see a movement towards exclusive catagories in division of power. This latter tendancy will be dealt with more in episode #7.
To see the text of Canada’s Constitution, visit the Department of Justice’s website.To see the CBC Canadian Heritage Minutes I love so much, visit http://www.histori.ca/minutes/
Russell v the Queen (1882)
Hodge v the Queen (1883)
AG Ontario v AG Canada (1896)
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