Public Final

Quebec unilateral seceding, legality (written) and legitimacy (unwritten) linked, secession legal but must be linked with federalism

action of trespass against king, law applies to government as well, rule of law

Discretion with liquor license, reasons totally unrelated to liquor, bringing rule of law back into statutes that give discretion

Exercising prerogative power, cannot review these decisions

act constitutional, rule of law- supreme over officials, prospective, ensures fair trial - not true necs.

rule of law supreme over aboriginals, superior courts custodians of rule of law

read rule of law in conjunction with other unwritten principles like respect for minorities and separation of powers

court can review decisions that are within jurisdiction of tribunal but are on their face an error of the law

overstepped jurisdictoin and privative clause cannot bar judicial review

privative clauses only bar judicial review if error is within jurisdiction but even then some debate

Pragmatic and functional approach to standard of review determining deference to tribunal decision

procedural rights, by not qualifying htemselves to demolish and ignoring his right to be heard they did not have jurisdiction

judges do not substitute themselves for authority - only when something is so absurd no reasonable person would lay in hands of authority no

Procedural fairness and some substantive using p &F

Courts can review decision infringing on unwritten principles

Sets up standard of review analysis

about collective bargaining - not somehting s. 96 courts would have dealt with in 1867

sets out test to determine if commission has authority and jurisdiction to exercise powers

novel jurisdiction...need new: policy aims, social purpose, standards of advocacy

see 1867 jurisdiction narrowly, failed first two steps but saved: necessary to broader social policy goal

interference with judicial independence

tribunal had no other use other than that of a s.96 court - disbanded

judges need to be independent or violates 11d of charter, use unwritten principles ot fill in gaps

Pith and substance, interfering with criminal power of federal government

supporting families and children under civil and property rights in prov, living tree: federal given power over interruptions of work (this)

Double aspect: overlap permitted iwthout conflict (use federal paramountcy)

ancillary doctrine test- invalid provision how well it fits into larger scheme

impaired driving- suspending license - both prov and fed have interest , can comply with both

federal paramountcy- no room for provinces, frustrate federal purposeof bank act to comply with prov

banning advertising of tobacco less than 18 - prov does not frustrate federal can comply with both

reading down any provision encroaching on federal exclusive jurisdiction

FEDERALISM - matters vital to operation of an interprovincial undertaking are exclusive control of Parliament

classes 91 and 92 should be afforded basic level of separation

must impair to use interjurisdictional immunity

no actual conflict (no paramountcy), passes frustration test, pit and substance and double aspect

not saved by ancillary - is not rationally connected to greater overall purpose

stops federal regime - interjurisdictional impairment

test for crisis under POGG

National concern - establishes boundary for environment

upholing env alone cannot be valid POGG concern- more specific

Pith and Substance federal power with incidental effect on provinces powers

controls things province cant, necessarily incidental to overall purpose

incidental effects on province that were furthre valid p purpose

federal gov should not regulate intraprovincial trade when it isnt necessary to accomplish purpose

regulating one industry is not a national purpose

Pith and substance and ancillary test for general trade power

use of GM test to be under second branch - valid

importance of unwritten principles (federalism) analyszing using GM test general trade power

test for criinal power - peace, order security healt and morality

uses margarine reference test

legitimate public purpose under Margarine (strong dissent)

federalism -- regulatory aspects secondary to primary purpose of safety/security

uses a lot of tests to determine if it falls under criminal head STRONG DISSENT

federalism - existence of aboriginal right to govern