7 terms

Poli 379 First Quiz

The Canada Temperance Federation case
-abandoned the narrow and restrictive interpretation of federal power which Lord Watson and Lord Haldane dictated
Garth's reasons for federal-provincial conflict
1. provincial governments stir up conflict with the federal government to attract from internal conflicts
2. class conflict (e.g. farmers in Prairies vs. central Canada bourgeoisie)
3. conflict represents the conflict between different class fractions within the dominant world of corporate capitalism-> people with problems appeal to the level that will be most sympathetic
4. regionalized nature of the economy concentrates power into certain areas
5. conflict essentially between competing organizations, each with its own goals
disallowance and reservation powers
so far haven't been particularly useful or successful and really only used to deal with western provinces. Over time seemed more undemocratic. Not a good tool for reelection. always made people sympathize with the provincial government that it was used on.
reference case
a government brings forth its own legislation or to another level of governments to the courts and asks for advice as to how to strengthen its own bargaining position or to accelerate the process of resolving the dispute.
R. v. Hydro-Quebec (1997)
Important case because the Supreme Court managed to uphold the Canadian Environmental Protection Act by showing that damage to the environment can be classified as "toxic" and dangerous to human health, thus falling under criminal law
RJR-MacDonald v. Canada (1995)
Supreme Court decided that under the Tobacco Products Control Act, the government could prohibit the advertising of tobacco as it was a harmful substance, even if it chose not to prohibit the sale and consumption of it
Re Firearms Act (2000)
using the Hydro-Quebec case and the RJR-MacDonald case, the Supreme Court showed that because public safety came under the criminal code, the regulation of guns could fall under federal jurisdiction