Sentences with phrase «constitutionality of legislation»

To borrow a term that has been used frequently by the High Court of Australia in determining the constitutionality of legislation, what is needed are criteria that are «appropriate and adapted» [10] to reducing children's exposure to food advertising, or to moderating the impact of food advertising on children's food preferences.

Unions there immediately challenged the constitutionality of the legislation.

The company challenged the constitutionality of the legislation, primarily on the grounds that it is ultra vires federal jurisdiction (outside of powers granted to the federal parliament under the constitution) and that it violated s. 2 (b) of the Charter and could not be saved by s. 1.

Ct.), Linda Rothstein and Rob Centa acted for the College of Nurses of Ontario in successfully defending the constitutionality of legislation mandating the revocation of a health practitioner's licence where the practitioner sexually abused a patient.

This can involve everything up to and including challenging the constitutionality of legislation.

Refusing to consider reasonably foreseeable impacts of an impugned law would dramatically curtail the reach of the Charter and the ability of the courts to discharge their duty to scrutinize the constitutionality of legislation and maintain the integrity of the constitutional order.

The test's previous requirement that «no other reasonable and effective manner in which the issue may be brought to court» has now been replaced with a more contextual approach allowing courts to consider if it is realistic and efficient for an individual to challenge the constitutionality of the legislation on their own.

Ian Blue, a partner at Cassels Brock & Blackwell LLP, has issued a challenge to the constitutionality of legislation that forbids importation of liquor into a province unless it is sold to the local liquor board or commission.

The Government of Saskatchewan, [1977] 2 S.C.R. 576 and Air Canada v. B.C. (A.G.), [1986] 2 S.C.R. 539, hold that a province can not deny a person, whether through legislation or by an exercise of executive discretion, an opportunity to challenge the constitutionality of legislation by which it deprived him of some legal rights.

Thus, the acquittal was upheld, as there was no palpable error of law and without resort to the constitutionality of the legislation.

Aside from the aforementioned problems associated with the Safe Streets Act, there has been a great deal of discussion about the constitutionality of the legislation.

Charter issues also arise in the context of the Controlled Drugs and Substances Act, and as David Shulman points out, the constitutionality of this legislation may be in question given R. v. Parker, R. v. Malmo - Levine, and PHS Community Services Society v. Canada (Attorney General).

It is irrelevant to the constitutionality of the legislation that government is not their employer and is not acting as their employer.

In Dunmore v Ontario (Attorney General), 2001 SCC 94, [2001] 3 SCR 1016, the Supreme Court considered the constitutionality of legislation that excluded agricultural workers from the standard labour relations regime.

On September 15, 2017, the B.C. Court of Appeal rejected a challenge by the Trial Lawyers Association of British Columbia («TLA») to the constitutionality of legislation requiring civil litigants opting for a jury trial to pay the fees and expenses of the jury and jury process.