POLS 3135 Lecture 7 2008

POLS 3135 Lecture 7 2008 - Public Law I: Criminal Law...

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Public Law I: Criminal Law • Bedard v. Dawson • Proprietary Articles Trade Assoc ref. (1931) • Margarine Reference Case • Westendorp v. The Queen • R.J.R. –MacDonald Inc. V. Canada (1995) • R. v. Hydro-Québec (1997)
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Bedard v. Dawson (1923) • In early 1900s, Quebec gov’t passed legislation prohibiting any property (home, apartment, or other building) from being used for disorderly purposes. A conviction for prostitution or gambling under the criminal code, if the prostitution or gambling occurred in that building, was proof that the building was being used for disorderly purposes. If the prohibited use continued, then any person could apply for an injunction to stop the building from being so used, and if it continued to be so used, the building could be locked up by the authorities.
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Bedard vs. Dawson (cont’d) • Bedard objected to an injunction – claimed that the Quebec legislation was really criminal legislation under 91(27) • Dawson: the Quebec legislation is valid under 92(13). • Supreme Court of Canada: 5-0 seriatim decision: the Quebec legislation is valid as a regulation of property and civil rights. The mischief is having a disorderly house in one’s neighbourhood. The remedy is to prohibit such establishments. The feds can’t regulate property in this way.
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Proprietary Articles Trade Assoc ref. (1931) Impugned: federal anti- combines legislation (akin to Bd of Commerce case) Lord Atkin for JCPC Intra vires under fed. Criminal power (91[27]) Test: penal consequences: a very broad test for what constitutes valid criminal law.
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Fed gov’t had passed law prohibiting the importation, production and selling of margarine (legislation ultimately aimed to protect the established dairy industry in Canada) Law referred to SCC. Majority found law to be ultra vires of the federal gov’t because it was deemed to be about regulating property (hence provincial)—ban on importation up held as a valid exercise of fed. trade and commerce power.
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POLS 3135 Lecture 7 2008 - Public Law I: Criminal Law...

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