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19 Cards in this Set
- Front
- Back
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Public health |
Federal and provincial |
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Environment |
Federal and provincial |
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OHS |
Federal or provincial |
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Worker compensation |
Provincial |
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Criminal law |
Federal |
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Constitutional law |
Rules about rules Conservative Supreme court Stare decis |
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Canadian system |
Bijural British style constitution Independant judiciary |
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Canada history |
1867 province of canada ontario quebec nb and ns British act created canada Constitution act same as bna act Charter right of freedom 1982 |
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Canada federal state |
Natonal and provincial Provincial have own jurisdiction Federal and provincial are equal level Municipal is creature of provincial |
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Division of power |
Provincial and federal Subject matter is heads of power |
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New subject matter |
Changing social value and technology |
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Expressed and Implied |
Expressed is black and white on page Implied when reading between lines |
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Paramountcy doctrine |
Subject is big so shared between federal and provincial. Environment. Tackling sametime. If conflict between two, federal takes priority |
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Shared subject |
Public health, environment and agriculture. |
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Exclusive jurisdiction |
Federal or provincial government over a matter where no other jurisdiction present Provincial exclusive to hospital Federal exclusive to criminal |
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Territories |
Yukon , NWT and nunavut are not constitutional provinces Power of federal When in conflict federal takes priority |
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Judicial review |
Issue appealed or referred to court to see if it is proper Action violates charter, not within power and decision is unjust |
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Section 91 and 92 challenge |
Ultra vires -statute not within 91/92 Intra vires - statute within 91/92 |
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Pogg clause |
Peace order and good government Federal power over new matter Residual power Not in section 92 and big enough |
