The Problem Of Ultra Vires Their Jurisdiction For Public Health And Safety
Being a Canadian municipality in the 21st century is a very politically delicate job.
In the modern day, municipalities are not politically autonomous as they once were. They are under strict political jurisdictions and rules to effectively deliver services under a tight budget. The hardest part of this job is that do not get the support they require from higher government. As a result, municipalities often have to operate without questioning their authorities, and sometimes, they do not agree with certain jurisdictions imposed on them. This paper will analyze how municipalities are justified to be ultra vires their jurisdiction when it comes to public health and safety. It will show that local and higher government can work together for common interests. In some circumstances, higher government may be justified in disagreeing with local opinion on health matters, however, the importance of this conversation is to put public’s interest a priority in political decision making.
Municipalities should be free to challenge their political jurisdiction for the purpose of improving public health and safety because it sets a political precedent, creates political conversation among political stakeholders, and improves public health and economic services.
Setting a Precedent
Municipalities should be free to challenge jurisdiction because it sets a political precedent. In a political sense, precedent is important because it is often a belief of change. Take for…