CONSTITUTIONAL JURISDICTION OVER ENVIRONMENTAL PROTECTION
Chapter 2 Jurisdictional issues pp. 37-67
Constitutional Act 1867
Provincial Powers Section 92.13 Property and Civil Rights in the Province and 92.16 Generally all
matters of a merely local or pri
The term Environment is directly linked to the scope of environmental protection. Thus, environmental protection legislation safeguards the environment o
WHICH LAW APPLIES?
Is the law valid?
a. s.91(2) - Trade and Commerce (restricted by courts to inter-provincial trade and commerce)
b. s.91(10) - Navigation and shipping
c. Federal Works and Undertakings (ss. 91(29) and 92(10): Includes in