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Pith and substance
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1	CHAPTER 5: INTERPRETATION DOCTRINES A. CLASSICAL PARADIGM OF FEDERALISM – MUTUAL MODIFICATIONS AND WATERTIGHT COMPARTMENTS (JCPC) Citizens Insurance Company v. Parsons (JCPCleading case on jurisdiction a Add to Reading List Source URL: uviclss.ca Language: English - Date: 2013-10-17 16:20:07 Government of Canada Constitution of Canada Federalism in Canada Section 92(13) of the Constitution Act Peace order and good government Canadian federalism Pith and substance Quebec v Canada Multiple Access Ltd v McCutcheon Margarine Reference Ultra vires R v Morgentaler
2	CHAPTER 5: DIVISION OF POWERS II. Interpretation of the Division of Powers and Constitutional Principles Classical Paradigm of Federalism Add to Reading List Source URL: uviclss.ca Language: English - Date: 2013-10-17 16:20:10 Government of Canada Constitution of Canada Federalism in Canada Pith and substance Interjurisdictional immunity Canadian federalism Quebec v Canada Ultra vires Paramountcy Section 92(13) of the Constitution Act Peace order and good government Section 91(27) of the Constitution Act
3	Michael Gerstein’s Con Law Outline – 2010 Amending Formula 1. General Amending Formula – sAmendment must be approved by Add to Reading List Source URL: uviclss.ca Language: English - Date: 2013-10-20 22:29:52 Government of Canada Law Constitution of Canada Federalism in Canada Pith and substance Canadian Western Bank v Alberta Canadian federalism Reference Re Same-Sex Marriage Quebec v Canada Ultra vires Separation of powers Section 92(13) of the Constitution Act
4	Separation of Powers Step 1: Validity: Are the Federal and Provincial Legislation both valid? Under what powers? (Pith & Substance) Federal Legislation: POGG 1. Emergency powers doctrine (per Emergencies Act) a. Tempora Add to Reading List Source URL: uviclss.ca Language: English - Date: 2013-10-20 22:30:03 Law Canadian law South African law Government of Canada Canadian Charter of Rights and Freedoms Aboriginal title Chapter Two of the Constitution of South Africa Fundamental justice Section 1 of the Canadian Charter of Rights and Freedoms
5	Table of Contents What is a Constitution? What is the Canadian Constitution? 3 Constitutional Themes and Constitutional History 3 Aboriginal Peoples and the Canadian Constitution 4 5 step process of recognition of abo Add to Reading List Source URL: uviclss.ca Language: English - Date: 2013-10-17 16:21:32 Constitution of Canada Canadian federalism Constitution Act Amendments to the Constitution of Canada Parliamentary sovereignty Separation of powers Supreme court Common law Pith and substance Aboriginal title Paramountcy Law of Canada
6	Michael Gerstein’s Con Law Outline – 2010 Amending Formula 1. General Amending Formula – sAmendment must be approved by Add to Reading List Source URL: uviclss.ca Language: English - Date: 2013-10-17 16:20:03 Constitution of Canada Federalism in Canada Pith and substance Canadian Western Bank v Alberta Canadian federalism Reference Re Same-Sex Marriage Quebec v Canada Ultra vires Separation of powers Section 92(13) of the Constitution Act Reference question Supreme court
7	Division of Powers Issue Case Ratio Examples Validity Add to Reading List Source URL: uviclss.ca Language: English - Date: 2013-10-17 16:21:31 Constitution of Canada Federalism in Canada Pith and substance Interjurisdictional immunity Peace order and good government Paramountcy Section 91(27) of the Constitution Act Quebec v Canada Section 92(13) of the Constitution Act Margarine Reference Section 91(2) of the Constitution Act Canadian constitutional law
8	Division of Powers – Analysis Framework Step 1: go through powers list in the Constitution and see what might apply (what is at stake!!) Step 2: Is it valid? Add to Reading List Source URL: uviclss.ca Language: English - Date: 2013-12-02 15:15:12 Government of Canada Constitution of Canada Federalism in Canada Section 91(27) of the Constitution Act Section 92(13) of the Constitution Act Canadian federalism Section 91(2) of the Constitution Act Margarine Reference Double aspect Pith and substance Interjurisdictional immunity Peace order and good government
9	Constitution Outline Sources of the Canadian Constitution CA 1982 sThe Constitution includes The Canada Act, 1982, including this act; The Acts and orders referred to in the schedule; and Add to Reading List Source URL: uviclss.ca Language: English - Date: 2014-11-25 11:11:00 Constitution of Canada Federalism in Canada Canadian Western Bank v Alberta Canadian federalism Interjurisdictional immunity Federal jurisdiction Court system of Canada Pith and substance Aboriginal title in the United States Indian Act Quebec v Canada Parliamentary sovereignty
10	Table of Contents Specific Powers: Criminal Law 3 Tests for what the Federal Government can do under criminal law power: 3 MARGARINE REFERENCE 3 RJR-MACDONALD 3 R. v. Hydro Quebec 4 Add to Reading List Source URL: uviclss.ca Language: English - Date: 2014-03-18 04:01:47 Constitution of Canada Federalism in Canada R v Hydro-Qubec Canadian federalism Pith and substance Section 91(27) of the Constitution Act Canadian Charter of Rights and Freedoms Law of Canada Margarine Reference Quebec v Canada Section 92(13) of the Constitution Act Section 91(2) of the Constitution Act