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Analysis of the Radio Reference Case: Jurisdiction over Radio Communication in Canada, Exams of Advanced Education

Ottawa University (OU) - PhoenixAdvanced Education

A detailed analysis of the radio reference case, a landmark supreme court case concerning the jurisdiction over radio communication in canada. it explores the arguments presented by the appellant (quebec) and the respondent (the federal government), focusing on the interpretation of sections 91 and 92 of the constitution act. The case highlights the challenges of applying existing constitutional frameworks to new technologies and the evolving nature of jurisdictional boundaries. key questions and answers, clarifying the legal arguments and the court's decision. it's a valuable resource for students studying canadian constitutional law and the interplay between federal and provincial powers.

Typology: Exams

2024/2025

Available from 04/18/2025

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CMN2170 - Radio Reference (mariana) Test
With Complete Solution
Ultra vires
Acting OUTSIDE of legislative authority or jurisdiction.
Intra vires
Acting WITHIN legislative authority or jurisdiction.
who was the appellant in this case and what were they challenging?
The province of Quebec- they were challenging the federal gov'ts jurisdiction
to regulate broadcasting radio communication
Radio Reference Case
Supreme Court case on radio broadcasting jurisdiction.
why was there no previous legislation regarding radio communication?
because the new medium emerged and the court had to find a "home" for it
in the constitution
Section 91
Federal powers outlined in the Constitution Act.
Section 92
Provincial powers outlined in the Constitution Act.
Section 92, Subsection 10
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CMN 2170 - Radio Reference (mariana) Test

With Complete Solution

Ultra vires Acting OUTSIDE of legislative authority or jurisdiction. Intra vires Acting WITHIN legislative authority or jurisdiction. who was the appellant in this case and what were they challenging? The province of Quebec- they were challenging the federal gov'ts jurisdiction to regulate broadcasting radio communication Radio Reference Case Supreme Court case on radio broadcasting jurisdiction. why was there no previous legislation regarding radio communication? because the new medium emerged and the court had to find a "home" for it in the constitution Section 91 Federal powers outlined in the Constitution Act. Section 92 Provincial powers outlined in the Constitution Act. Section 92, Subsection 10

Local works crossing provincial or international boundaries. Section 92, Subsection 13 Property and civil rights within a province. what was the fundamental question in this case? it was not an issue of ownership or property (s. 92 (13)) but a question of the effects radio communication instruments have what were the two questions that Quebec was asking the court?

  1. Does the Parliament of Canada have the jurisdiction to regulate all aspects of Canada's radio communication, including the use and location of employed apparatuses?
  2. If not in what particular or particulars or to what extent is the jurisdiction of Parliament limited what was The Minister's argument when he was listing a number of international treaties and agreements already made on the subject of radio communication? provinces have no power to engage in signing international treaties/negotiations and to engage in negotiations with a foreign power. therefore, they should not have exclusive legislation Living tree analogy as a tree grows and develops over time, it experiences all sorts of change - The same applies to interpreting legislation (sections 91 and 92) what was Justice Anglin's main argument in his reasons for judgement?

communication in every respect. what was Quebec's argument regarding s. 92 (13)? Broadcasting instruments are aspects of property which fall under provincial jurisdiction what was the result of the court majority ruling in the radio reference?

The Parliament of Canada has exclusive jurisdiction to regulate radio communication