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)
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