Supreme court | Constitutional Law
DISTRIBUTION OF LEGISLATIVE AUTHORITY
Federal government retains jurisdiction to destroy data collected
Federal government repealed its long-gun registry. Act repealing registry provided for destruction of all data collected. Quebec applied for order that destruction of data was unconstitutional and requiring federal government to turn over data. Application judge granted requested order. Court of Appeal allowed federal government’s appeal. Quebec’s appeal dismissed. Repeal of valid criminal legislation falls under federal government’s criminal law power. Federal government retains jurisdiction to destroy data collected under criminal law power. Principle of cooperative federalism cannot serve to limit valid exercise of federal legislative authority.
Quebec (Attorney General) v. Canada (Attorney General) (Mar. 27, 2015, S.C.C., McLachlin C.J.C., LeBel J., Abella J., Rothstein J., Cromwell J., Moldaver J., Karakatsanis J., Wagner J., and Gascon J., File No. 35448) Decision at 108 W.C.B. (2d) 714 was affirmed. 121 W.C.B. (2d) 130.
Federal government retains jurisdiction to destroy data collected
Federal government repealed its long-gun registry. Act repealing registry provided for destruction of all data collected. Quebec applied for order that destruction of data was unconstitutional and requiring federal government to turn over data. Application judge granted requested order. Court of Appeal allowed federal government’s appeal. Quebec’s appeal dismissed. Repeal of valid criminal legislation falls under federal government’s criminal law power. Federal government retains jurisdiction to destroy data collected under criminal law power. Principle of cooperative federalism cannot serve to limit valid exercise of federal legislative authority.
Quebec (Attorney General) v. Canada (Attorney General) (Mar. 27, 2015, S.C.C., McLachlin C.J.C., LeBel J., Abella J., Rothstein J., Cromwell J., Moldaver J., Karakatsanis J., Wagner J., and Gascon J., File No. 35448) Decision at 108 W.C.B. (2d) 714 was affirmed. 121 W.C.B. (2d) 130.
