Not exact matches
Lest Canadians also forget that long before the Charter was
enacted the United States Supreme Court implicitly relied on the living tree doctrine to find that «liberty of contract» was a protected right
under the «due process»
clause of the Fourteenth Amendment.42 In other words, the «living tree» has the potential to grow in whatever direction the presiding judge sees fit.
That could be achieved in a way consistent with our system by providing that retained direct EU legislation
under clause 3 and all law that was converted into domestic law by
clause 4 would be treated as having the status of an Act of the UK Parliament
enacted on exit day.
Note: The Lieutenant Governor in Council may by regulation revoke regulations made
under clause 14 (1)(g), as that
clause read immediately before December 18, 1998, if the Minister makes an order
under section 13.1, as
enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 96, that is inconsistent with those regulations.
Note: The Lieutenant Governor in Council may by regulation revoke regulations made
under clause 14 (1)(b), (c), (d), (e), (f), (h), (i) or (j), as those
clauses read immediately before December 18, 1998, if the Minister makes a regulation
under subsection 14 (1), as re-
enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, subsection 97 (1), that is inconsistent with those regulations or the Director makes a regulation
under subsection 14 (2), as
enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, subsection 97 (1), that is inconsistent with those regulations.
Note: Regulations made
under clause 14 (1)(g), as that
clause read immediately before December 18, 1998, continue until the Minister makes an order
under section 13.1, as
enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 96, that is inconsistent with those regulations.
Under the Supremacy
Clause of Article VI of the US Constitution, a federal law is binding on all state and local governments so long as Congress duly
enacted the law pursuant to one of its limited powers.
Clause 2 preserves «EU - derived domestic legislation», such as secondary legislation
enacted under section 2 (2) of the ECA for the purpose of implementing EU directives.
It is the tension between this very elastic provision, which is part of the existing LPC Scope of Practice, and the
clause in our law that explicitly states that those licensed
under our law are not authorized to perform psychological testing, that has been the source of the conflict between psychologists and LPCs since our law was first
enacted.