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Orders in Council Database

Order Details

Order Number:

OC2005-064

Order Date:

2005-03-10

Department:

Justice

Authority:

Judicature Act

Order Text:

The Lieutenant Governor in Council hereby authorizes the withdrawal of the following questions to the Supreme Court of Newfoundland and Labrador, Court of Appeal initiated by OC2002-362 on the constitutional validity of the Tobacco Health Care Costs Recovery Act:

  i)  Is the Tobacco Health Care Costs Recovery Act, SN 2001 c. T- 4.2, or any provision thereof, inconsistent with the Constitution Acts, 1867 to 1982, and if so, in what particulars and to what extent?

 ii)  Is the Tobacco Health Care Costs Recovery Act, or any provision thereof, ultra vires the legislative power of the Government of Newfoundland and Labrador, and if so, in what particulars and to what extent?

iii)  Does the Tobacco Health Care Costs Recovery Act, or any provision thereof, result in an unconstitutional interference with the independence of the judiciary, and if so, in what particulars and to what extent?

 

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