At trial level, it was found by the court that Insite was not entirely exempted from the Controlled Drug and Substance Act and also that the doctrine of Interjurisdictional immunity did not apply. Meaning that though the overlap of Health Care which is provincially controlled and the Criminal Code which is Federally Controlled, Insite was still bound by both levels of government but through the doctrine of federal paramountcy federal legislation still prevailed. In the claim of violation of the Canadian Charter of Rights and Freedoms of Section 7 “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” It was found that sections 4(1) and 5(1) in the case of Insite were unconstitutional because it did not take into consideration the management of addiction and the risks accompanied. It was noted that the ministers choice to retract the exemption was unjustified and the Violations of Section 7 could not be upheld by section 1 of the Canadian Charter claiming an action of good
For example, criminal laws, property laws, contract laws...etc are decided by the state, not the federal government and they aren’t allowed to govern those areas. How do we determine who should be running which areas of the government? Federalism is defined as the allocation of power between the national government and local government. The term "federalism" is also used to describe a system of government in which control is constitutionally divided between a central governing authority and local political units (such as states or provinces). Federalism is a system based upon democratic rules and institutions in which the power to govern is shared between national and provincial/state governments (Baluyot, 2007.)
Secondly, The Balfour Report allowed Canada to receive autonomy and gave Canada equal status with Britain for creating laws. (Cranny p.55/56) This was one of the biggest steps for Canada to become more self-sufficient. It makes more sense that the elected members would be in charge of running the country. After all, the citizens did not vote for British representatives to set the laws. It would have
It provides several elements that help in shaping our political frame. Elements such as the Constitution, the executive, the legislative and the judiciary branch are what define the current Canadian political system. Each branch has its fair share of duties and responsibilities in governing the state. The legislatures are responsible for making and amending laws, the executive have the responsibility of implementing those laws and day to day management of the government and finally, the judiciary which represents courts and judges that interpret and review those laws (Brooks, Lesson 11, slides 11-15). All of these aspects are powerful in the sense of running a constitutional monarchy in a democratic state like Canada.
Role and Functions of Law LAW/421 Contemporary Business Law Role and Functions of Law In society law functions to maintain social control and to protect the public at large by resolving disputes in a peaceful and reasonable manner. Laws are made to facilitate organized change by creating acceptable processes that can facilitate and lead to change. The Constitution outlines the power of the federal government which only has limited powers; to regulate individuals and businesses; and states are left with more inherent powers to protect their citizens. The Constitution of the United States was designed to have three general functions that include establishing a structure for the federal government and rules for amending the constitution, granting powers for different branches of government, and to provide procedural protections for US from wrongful government action. The Constitution is composed of a preamble, seven articles and twenty seven amendments.
However, Parliament is sovereign and civil rights and liberties have been put suspended but only in the interests of law and order or national security. Unlike many other democracies, the government retains control over rights and freedoms of citizens. Democracy can lead to the abuse of power and there are fears that if those who govern are left to their own devices, they may claim substantial amounts of power and begin to abuse their position. By making governments accountable to the people, this can be prevented. Governments must submit themselves regularly to re-election and by guaranteeing that they are controlled by elected representatives, the people can feel safe from the corruption of power.
* Constitutions are used as the overriding law. The constitution laws establish the principles of government involvement in either federal or state level law. This created the branches of the government, presents certain powers of each branch and what powers they do not have. The constitution prevents other government parties from passing laws that specifically limit individual rights. * Administrative laws are elected by administrative agencies.
Did you know that The Canadian Charter of Rights and Freedoms was set in place in 1982? The Canadian Charter of Rights and Freedoms is set in place to help protect the individual rights of Canadians. Within the Charter, Canadian citizens have many rights and freedoms, for example, the right to express their opinion, vote, move freely around Canada and to be free from discrimination. If the government enacts legislation to refute these rights and freedoms, as Canadians, we are able to take the issue to the Supreme Court of Canada to fight for our rights. Democratic rights give you the right to vote for members of the House of Commons and the provincial legislature.
According to The Oxford Law Dictionary a constitution is defined as followed: “The rules and practices that determine the composition and functions of the organs of central and local government in a state and regulate the relationship between the individual and the state” # In essence it would be safe to assume that the idea behind a constitution is to protect the rights of the individual or the citizenry of a state although it is virtually impossible to give a palpable definition for what a constitution is due to many conflicting opinions and views within the legal system. It is therefore necessary to attempt to define the other parameters which are included in said definition, such as a ‘state.’ This again like defining constitution has proved difficult but Max Weber a German political economist and sociologist defined a state in terms of the constitution: "The monopoly on the legitimate use of physical force within a given territory," Which may include the armed forces, civil service or state bureaucracy, courts, and police.# With this in mind by following the definition outlined in the Oxford Law dictionary the United Kingdom appears to have a constitution of sorts although not codified like the American Constitution of 1878 #, or the Constitution of the
In 1971, the federal government recognized multiculturalism as a central characteristic of Canadian society through the adoption of a formal Multiculturalism Policy. The policy encourages a vision of Canada based on the values of equality and mutual respect with consideration of race, national or ethnic organ, colour and religion. In 1998, the multiculturalism policy became law when Parliament passed Canadian Multiculturalism Act (Department of Canadian Heritage, 2nd ed, 1998, forward). Multiculturalism upholds such values as freedom and democracy. Canada is known around the world as a country that respects democratic rights and cultural diversity.