Constitutional Law Principles
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Rule of Law
Imp Tobac SCC 2005:
- No one is above the law
- Laws created for normative order (need for legislation)
- Relationship between individual and state is regulated by law
- Court left open possibility for more RoL characteristics
Pith and Substance Analysis
Morgentaler SCC 1993
- Purpose of Act (intent- leg debates)
- Legal and Practical effects (what it's making those subject to the law do)
- Ct ruled can look at broader policy rationale and legislative debates to determine legislative intent
- GM, Lacombe
- 1) Is act valid?
- 2) How much does uv provision/section intrude into the other power?
- 3) Is the uv provision rationally and functionally connected? (ok for low intrusion)
- 3b) Is the uv provision truly necessary for act to function (ok for heavy intrusion)
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