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Constitutional Law Chapter 10

Constitutional Law Chapter 10. Property and Civil Rights in the Province Melody Ng. Definition of Property and Civil Rights. The entire field of law-making apart from criminal law.

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Constitutional Law Chapter 10

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  1. Constitutional LawChapter 10 Property and Civil Rights in the Province Melody Ng

  2. Definition of Property and Civil Rights • The entire field of law-making apart from criminal law. • This was the general manner the Privy Council interpreted this phrase, starting at the 1881 judgment in Citizens’ Insurance Company v. Parsons

  3. Specific enumerated categories in section 91 (powers of the parliament) are treated as exceptions to powers of provincial legislatures under section 92(13) Property and civil rights in the provinces • Federal legislations in relations to these enumerated categories are upheld despite incidental impact on property rights = exclusive authority of Parliament

  4. Matters not expressly dealt with by section 91 are treated as matters subject to exclusive provincial jurisdiction. • (eg. Unemployment relief, securities regulation, insurance)

  5. Expansive interpretation of provincial trade powers • Carnation Co. v. Quebec 1968 (Agricultural Marketing Board) • A Quebec statute granted the provincial board the power to fix the price paid by Carnation for raw milk purchased from local dairy producers • Supported local trade

  6. Downside of this expansive interpretation of provincial trade powers • Enact laws that restrict the free flow of goods or services between provinces • Impose conditions that favour local producers and bar sale of more desirable imported products • Incentive from local producers = a powerful political lobby

  7. Expansive powers not ALWAYS the case • Manitoba Egg Reference 1971 (case 12) • Underlying purpose of provincial regulation was to prevent the free flow of goods between provinces • Even though it extended only to matters physically within the province, provincial legislation was struck down • Later on, the Canadian Egg Marketing Agency was created through joint federal and provincial legislations

  8. In 1982… • In lights of further cases that limit powers of provinces in terms of property and civil rights • Included Section 92A of the Constitution Act in 1982 • Confirmed and extended provincial powers in relation to natural resources

  9. Meaning of “Within the Province” • Scope of s. 92(13) can have impact outside of physical boundary of the province • Supreme Court of Canada will support the legislature based on pith and substance

  10. Discussion 1) Can you think of examples where the Supreme Court upheld provincial legislature for matters outside the physical boundary of the province under the scope of s.92(13)?

  11. Discussion 2)What are some of the pros of expansive provincial powers?

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