The failure of successive Nova Scotia governments to activate a law for licensing bouncers more than 13 years after it was passed could be unlawful, a legal scholar says.published this month raise the prospect that the Nova Scotia government may be “vulnerable to a serious legal challenge.”
Mr. Sawyer’s family members are now calling for the government to activate the 2010 licensing law, the Security and Investigative Services Act, which has never been brought into force by successive NDP, Liberal and now Progressive Conservative governments. Earlier this year, Mr. Choudhry helped persuade a Canadian high court that too much delay can be unlawful. He says that while politicians may well need time after a law is passed to put regulations in place, they cannot use their commencement powers to indefinitely ignore laws passed by a legislature.
In August, the Ontario Court of Appeal agreed with that point of view by unanimously ruling that cabinet ministers cannot scuttle legislation by delaying it. “There should be no ambiguity as to the limits on the Minister’s discretion,” Justice Lorne Sossin wrote on behalf of a panel of three judges. “Put simply, it would not be open to a Minister to decide that an enacted statute will never be proclaimed.
He said a legal applicant could try to urge a Nova Scotia judge to declare that the provincial government has acted unlawfully by not proclaiming the law. If such a ruling were made, and the government did not respond to it, he said the applicant could then go back to court to seek an order directing that the unproclaimed law be brought into force.
Law Law Latest News, Law Law Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Source: HuffPostCanada - 🏆 61. / 53 Read more »
Source: TheTorontoSun - 🏆 23. / 68 Read more »
Source: globeandmail - 🏆 5. / 92 Read more »
Source: BurnabyNOW_News - 🏆 14. / 77 Read more »
Source: SooToday - 🏆 8. / 85 Read more »
Source: PGCitizen - 🏆 65. / 51 Read more »