TitleDescription

Criminal Law Power (Constitutional Law Decision Tree)

This decision tree outlines a Canadian constitutional law "criminal law power" analysis. The legal test turns on whether the impugned legislation has a typical criminal purpose (and therefore within federal jurisdiction) or is safely anchored in s.92 of the Constitution Act 1987 (and therefore within provincial jurisdiction).

The cases referred to include: RJR Macdonald; R v Hydro-Qu├ębec; Reference re Firearms Act; Margarine Refererence; Re Nova Scotia Board of Censors v McNeil; Westendorp v The Queen; Rio Hotels

Gifts (Property Law Chart)

A general description and comparison of inter vivos and donatio mortis causa gifts. Based on Nolan v Nolan, Re Bayoff Estate and Strong v Bird.

Paramountcy & IJI (Constitutional Law Decision Tree)

This decision tree outlines the Canadian constitutional law "paramountcy" and "interjurisdictional immunity (IJI)" tests to determine the operability and applicability of a particular piece of legislation. There are two distinct legal tests grouped together here.

The cases referred to include: Canadian Western Bank v The Queen in Right of Alberta; Ross v Registrar of Motor Vehicles; Multiple Access Ltd v McCutcheon; Bank of Montreal v Hall; Rothmans, Benson & Hedges v Saskatchewan; Citizen Insurance Company v Parsons; McKay v The Queen.

Possessory Rights Test (Property Law Decision Tree)

This Property Law decision tree identifies how to analyse a basic possession problem. The diagram is primarily based on Popov v Hayashi. Other cases considered include: Pierson v Post; and The Tubantia.

Validity Analysis (Constitutional Law Decision Tree)

This decision tree outlines a Canadian constitutional law "validity" analysis to determine the validity of a particular piece of legislation. The legal test begins with a Federalism/Pith & Substance analysis (including POGG), followed by the Necessarily Incidental/Ancillary Doctrine and the Double Aspect Doctrine.

The cases referred to include: R v Morgentaler, the Anti-Inflation reference, R v Crown Zellerbach, Russell v The Queen, General Motors v City National Leasing, Hodge v The Queen and Multiple Access Ltd v McCutcheon.