THE UNIVERSITY OF BRITISH COLUMBIA FACULTY OF LAW FINAL EXAMINATION - APRIL LAW CONSTITUTIONAL

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1 attached as separate exams. You are free to answer the questions in any order you prefer. and the Charter. NOTE: Both Professor Edinger s and Adjunct Professor Hume s individual exams are combination of the percentage obtained in each component, weighted 2:1 for Federalism We will mark our own components independently. Your final Law 201 mark will be a TIME ALLOWED -3 HOURS plus 10 MINUTES READING TIME SECTION 3 PROFESSOR EDINGER AND ADJUNCT PROFESSOR HUME LAW CONSTITUTIONAL LAW FEDERALISM; CHARTER; ABORIGINAL LAW AND TREATY RIGHTS FINAL EXAMINATION - APRIL 2015 THE UNIVERSITY OF BRITISH COLUMBIA FACULTY OF LAW

2 PLEASE ENSURE THAT YOU HAVE A COMPLETE EXAMINATION THIS EXAMINATION HAS 4 PAGES 1 THIS EXAMINATION CONSISTS OF 3 QUESTIONS information is needed and explain the purpose for which it is needed. If, in any problem, you consider that more information Is needed, state what their notes and copies of the Constitution Acts, 1867 to This Is an open book examination. Students may bring into the room their casebooks, NOTE TIME ALLOWED 2 HOURS pius 10 minutes reading time. TOTAL MARKS 75 PROFESSOR EDINGER SECTION 3 CONSTITUTIONAL LAW FEDERALISM AND CHARTER LAW 201 FINAL EXAMINATION APRIL 2015 FACULTY OF LAW THE UNIVERSITY OF BRSH COLUMBIA

3 returned to work. Until he returns to work, he will receive Income replacement In January 2013, WaIly Wall was seriously injured while on the job and has still not MARKS Act, S.C c. 23? inapplicable to a garnishment order made under s.126 of the Employment Insurance 1. is s.15 of the Workers Compensation Act, R.S.B.C c. 492 constitutionally to the Supreme Court of Canada. The Court has certified two questions. protection from creditors for UI payments identical to that provided by s.15 of the order. The British Columbia government, which had intervened, appealed the decision Columbia Supreme Court. He pointed out that s.43 of the federal statute provides provincial statute. The federal government appealed. The British ColumbIa Court of Appeal held that the federal provision was paramount and restored the garnishing Wally challenged the federal seizure (the garnishment order) successfully in British [with an exception for claims by family creditors]. s.15 Sums payable under this Act are unassignabie, unseizable and non-taxable Commission, by s. 15 of the Workers Compensation Act: payments were protected from seizure by creditors, including creditors like the Wally objected. He argued that the Workers Compensation Act income replacement Employment Insurance Act by s (Payment out of court will be to the Commission.) The Workers Compensation Board compiled with federally authorized garnishing order and paid the income replacement s into court. Wally was left with no Income. replacement payments into court instead of to Wally, as It is authorized to do under the a garnishing order directing the Workers Compensation Board to pay Wally s income In February 2014, in order to enforce its demand for repayment, the CommIssion Issued paid to him by mistake. Wally admitted that he owed the mistaken payment5 to the was financially unable to do so. payments must be repaid. The Canada Employment insurance Commission (the The Employment Insurance Act provides in s.42 that overpayments and mistaken CommissIon) demanded, therefore, that Wally repay the total amount of UI payments Commission but he did not comply with the Commission s demand to pay because he received federal unemployment Insurance (UI) payments pursuant to the Canada Employment Insurance Act, S.C. c. 23. Those federal payments started in iune 2013 and mistake. Wally was not entitled to UI because he was not looking for work. payments from the provincial Workers Compensation Board under the Workers Cornpensatlon Act, R.S.B.C c For some reason, for a few months Wally also ended in December They were made to Wally as a result of some bureaucratic 2

4 Insurance Act, S.C c.23? inoperative In relation to a garnishment order made under s.126 of the Employment 2. Is s.15 of the Workers Compensation Act, R.S.B.C c. 492 constitutionally shelter and erected billboards with photos and messages. One Falung Gong member boundary of the Consulate, Faiung Gong members constructed a one-by-two metre on south Granville Street in Vancouver. On the grass between the sidewalk and the Five years ago Falung Gong members commenced a vigil outside the Chinese Consulate has abused them in a variety of other ways. (members) allege that the Chinese government has breached their human rights and Falung Gong is a spiritual practice emerging from China. Falung Gong practitioners right or rights, If any, you would rely on; and what remedy you would seek. challenge the suspension imposed by the principal on Charter grounds; what Charter Draft a memorandum setting out what further information you might need, if any, to convinced that Dickie s Charter rights have been infringed. Dickie s parents are outraged and retain you to challenge the suspension. They are principal suspended him for a week. permissible but the latter was not. When Dickle continued wearing the T-shirt, the simply proclaiming his own beliefs and proselytizing. She said that the former would be wear the T-shirt. The principal took the view that Dickle had crossed the line between complained to the school principal. The principal spoke to Dlckle and asked him not to Some of Dickle s fellow students were offended by the message on his T-shirt and concerted advertising campaign to post that message on the sides of buses. (Some bus the Humanist Society when atheist societies In a number of countries engaged in a probably no god, so stop worrying and enjoy life. It was obtained by his parents from and regularly wears an orange T-shirt to school which carries the message There is drivers walked off the job.) Orange Is Dickle s favourite colour. Humanist Society which is an atheist organization. He attends meetings with his parents Aged 14, Dlckie Dawkins thinks he Is an atheist. His parents are members of the B.C. government can make on the constitutional questions certified by the Court Supreme Court. Draft a memorandum setting out the arguments which the federal You have been retained by the federal government to assist on the appeal to the 3

5 petitioned the court for an injunction to remove the structure and to prohibit For some reason, alleged to have been pressure from the Consulate, the City has finally the location by other members during the day. was always present in the shefter 24 hours per day 7 days a week and was joined at END OF CHARTER AND FEDERALISM EXAM and, if so, how they should structure the argument. constitutional validity of s.71 of the Street and Traffic By-law of the City of Vancouver Draft a memorandum advising the Faiung Gong whether they can challenge the never requested permission from the City Engineer. vehicular or pedestrian traffic. Both sides agree that the members of Falung Gong have The City concedes that the structure has never obstructed and does not now obstruct contains by-laws to regulate commercial and artistic forms of expression which would otherwise be prohibited by s.71 tethering animals, snow and ice and dirt removal, coasting and sledding, street closures, defacement of poles, parades and injury to trees, shrubs and flowers. The section also street vending, street entertainment, washing of vehicles, fighting, loitering, soliciting, Section 71. Is contained In the Street and Traffic By-law. Other provisions deal with or which may encroach thereon, or... without obtaining the written permission conditions as shall be determined by the Council) In any street, any structure, object, substance or thing which Is an obstruction to the free use of such street, of the City Engineer. built, constructed, placed, maintained or occupied (except In accordance with s.71 (1) No person shall build, construct, place, maintain, occupy or cause to be any by-law of the City or except with the approval of and subject to such By-law, That section provides: construction of any other structure. The City Is relying on s.71 of the Street and Traffic 4

6 THIS EXAMINATION HAS 2 PAGES PLEASE ENSURE THAT YOU HAVE A COMPLETE EXAMINATION 1 THIS EXAMINATION CONSISTS OF 1 QUESTION This is an open book examination. Students can bring their casebooks, notes and outlines. Note: TIME ALLOWED -1 HOUR TOTAL MARKS = 100 ADJUNCT PROFESSOR NATHAN HUME SECTION 3 LAW 201 CONSTITUTIONAL LAW - ABORIGINAL AND TREATY RIGHTS FINAL EXAMINATION - APRIL 2015 THE UNIVERSITY OF BRITISH COLUMBIA FACULTY OF LAW

7 MARKS Canada, it is the purpose of s. 35(1) of the Constitution Act, 1982 (Gladstone), the fundamental objective of aboriginal law (Lax Kw alaams), and the ultimate purpose of Reconciliation is clearly a profound concern. According to the Supreme Court of END OF ABORIGINAL AND TREATY RIGHTS EXAM purpose? What is the purpose of reconciliation, and how do the cases we have studied serve that reconciliation remains unfamiliar. the honour of the Crown (Manitoba Metis Federation). However, in many respects, 2