Section 91 - ANSWER part of the BNA Act that details the powers of the
federal government
powers of parlament to make laws for peace, order, and good government of
Canada
Section 92 sub 10 - ANSWER local works and undertakings
Section 92 sub 13 - ANSWER property and civil rights in the province
Section 92 sub 16 - ANSWER all matters of a merely local or private nature in
the province
1st Element of Radio Communication - ANSWER broadcasting instrument
2nd Element of Radio Communication - ANSWER receiving instrument
3rd Element of Radio Communication - ANSWER hertzian waves
1st Component of Regulation - ANSWER character
2nd Component of Regulation - ANSWER use
3rd Component of Regulation - ANSWER location
ultra vires - ANSWER "beyond the powers"; in corporate law, acts of a
corporation that are beyond its express and implied powers to undertake.
public interest - ANSWER demands that judgment was given in present term
before any formal legislation
, Constitutional Questions Addressd - ANSWER 2
does the parliament of Canada have jurisdiction to regulate/control radio
comm, including the transmission and reception of signals, signs, pictures,
and sounds of all kinds by means of hertzian waves, and including the right
to determine the character, use, and location of apparatus employed? -
ANSWER yes
due to overwhelming convenience under the circumstances amounting to
necessity
if not, what particular or particulars or to what extent is the jurisdiction of
parliament limited - ANSWER n/a
reasoning for judgement - ANSWER does not concern the rights of property
of instruments being used - shuts down 92 sub 13
interference beyond the limits of provincial boundaries - shuts down 92 sub
20
Living Tree Doctrine - ANSWER constitution is organic and must be read in a
broad and progressive manner so as to adapt it to the changing times.
Cable Distribution Services - ANSWER public service board v. dion (1978)
Radio Reference - ANSWER determines which level of government has
jurisdiction to regulate radio communication
Year of Radio Reference - ANSWER 1939
1st Source of Cable Distribution Undertakings - ANSWER picked up in the air
- hertzian waves
2nd Source of Cable Distribution Undertakings - ANSWER created by cable
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