MGT394 Assignment - QUESTION ONE a. Full Facts The Minister...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
QUESTION ONE Full Facts a. The Minister of Education of Ontario announced a new policy to amend the Education Act which prohibits staff or students from all Ontario universities to invite and attend speaker events dealing with the Israeli/Palestinian conflict. b. The reason for the amendment is to prevent further fights and vandalism that have been erupted at recent speaker events; causing very violent fights and serious injuries. c. The Minister of Education plans to create additional legislation allowing the Ontario Provincial Police to stop and search the individuals at the border crossings of Fort Erie, Niagara Falls and Winsor, Ontario. d. These invited guest speakers of the off campus student events will be stopped and investigated by the OPP officers because they are known to or are likely to incite fear and hate. e. The new legislation also gives the OPP officer the authority to make the speakers return to the United States. ISSUE 1 Does the Minister of Education of Ontario have the authority to amend the Education Act? Is the new policy an example of Ultra Vires of the Ontario government? The Constitution Act states in section 52 that, “Amendments to the Constitution of Canada shall be made only in accordance with the authority contained in the Constitution of Canada”. The Canadian Constitution gives and distinguishes the division of powers to each different level of government. Therefore, it is important to check whether the Minister of Education for the Province of Ontario has the power to amend the Education Act based on the Constitution Act. The section 93 of the Canadian Constitution says, “In and for each province the legislature may exclusively make laws in relation to Education”. This section clearly defines the authority
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
that the Education Minister of Ontario possesses subject to changing or creating new educational policies. Since the new legislation is imposing amendments in the grounds of on campus activities including in classes, the new legislation is legally valid and constitutional. As a matter of fact, all of the Ontario universities must stop inviting anyone to speak about the Israeli/Palestinian conflict to obey the new policy. However, according to the section 91(27) of the Constitution Act , the criminal law of Canada is under the exclusive jurisdiction of the federal government . As the Ontario Minister of Education indicated the purpose of the new legislation is to desist fights and vandalism that have been erupted at recent speaker events on the Israeli/Palestinian dispute, this is no longer an issue of Ontario Education; but rather, be dealt with the Criminal Code of Canada. In other words, the Israeli/Palestinian conflict causes violence and injuries which is considered as a part of the criminal law under the federal jurisdiction. Therefore, the Minister of Education of Ontario cannot create legislation outside the scope of the provincial government’s authority; Ultra Vires. ISSUE 2
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 11

MGT394 Assignment - QUESTION ONE a. Full Facts The Minister...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online