December 2006
Monthly Archive
Canadian Constitutional Law #16: Review Wednesday, Dec 20 2006
1L and Canadian Constitutional Law and Constitutional Law and Erin Morgan and McGill Faculty of Law 8:34 pm
In about 40 minutes we recap the whole term. We will begin term two in January with provincial regulation of morality.
Canadian Constitutional Law #15: Federal Criminal Power Wednesday, Dec 20 2006
1L and Canadian Constitutional Law and Constitutional Law and Erin Morgan and McGill Faculty of Law 8:33 pm
Under 91(27) the federal government has the plenary (total) power to make criminal laws for Canada. This power has been interpreted very broadly by the courts to include legislation that can appear more regulatory than criminal so long as it contains a prohibition and punishment, with a valid purpose (usually protecting the public from an “evil”). Legislation has even been upheld as criminal when it appears the federal government intended it to be considered under POGG. This is the last new topic of term one.
Reference re Validity of Section 5(a) of the Dairy Industry Act (margarine reference) (1949)
RJR MacDonald Inc v Canada (Attorney-Gen) (1995)
R v Hydro-Quebec (1997)
Reference re Firearms Act (1996)
Canadian Constitutional Law #14: POGG National Concern Wednesday, Dec 20 2006
1L and Canadian Constitutional Law and Constitutional Law and Erin Morgan and McGill Faculty of Law 8:31 pm
To conclude our discussion of POGG, we will look at the second major branch of this concept as national concern. What makes something national concern? What criteria must it meet? The foundational case on this subject is R v Crown Zellerbach Ltd, in which justice Le Dain establishes a test to determine whether an area of jurisdiction meets the criteria for national concern. We will look at this test and a few other cases relating to POGG.
AG Ontario v Canada Temperance Federation (1946)
Johannesson v Rural municipality of West St. Paul (1952)
Munro v. Capital Commission (1966)
R. v Crown Zellerbach Canada Ltd (1988)
Friends of the Oldman River Society v Canada (Minister of Transport) (1992)
Canadian Constitutional Law #13: POGG Emergency Wednesday, Dec 20 2006
1L and Canadian Constitutional Law and Constitutional Law and Erin Morgan and McGill Faculty of Law 8:29 pm
The federal government has the power to make lakes for the “Peace Order and Good Governance” (POGG) of the country under s91. But what does this mean? In the first of two podcasts on POGG we will look at POGG as an emergency power, as seen in the Laskin-Beetz debate in the Anti-Inflation Reference 1976.
Reference re Anti-Inflation Act (1976)