Answer the following question based on the fictional scenario below:

Question:

• What about the fact that a regulation that goes beyond the limits of a statute as seems to be the case here?
• what court(s) have jurisdiction? and why

Fictional Scenario:

The year is 2045. Canada has gone through yet another pandemic and

global warming has created wild fires in many parts of Canada. There has

been nothing but crisis after crisis since 2021 and Canada's legal system

has system has remained completely unchanged, so the laws of 2021

continue to apply.

Helen Troy, leader of the Save the Planet Party, has been elected Prime

Minister and she has formed a majority government. She and her party

introduce Bill 1 that requires every person in Canada to obtain a license to

use any fossil fuels. The Bill simply reads as follows:

"Every person in Canada shall be prohibited from using fossil fuels of any

kind whatsoever without a license issued by the Fossil Fuel Regulatory

Board which shall be comprised of individuals appointed by Governor in

Council. Fees will be established by this Board from time to time by

regulation".

The Bill is adopted by Parliament but the Governor-in General refuses to

approve it. So, Helen Troy passes a new law which provides that the

Governor General's refusal to approve is without legal effect given that

Canada is a free and democratic society.. That is the entire statute.

The first and only regulation adopted by the Board is one which sets the

license fees for the use of fossil fuels. It is set at $1000 for the use of any

fossil fuel up a set limit. If the limit is going to be exceeded, another $1000

must be paid for the same quantity. Every citizen is required to obtain an

app that monitors all forms of fossil fuel consumption through the "internet

of things". The regulation goes on to prohibit farmers from raising cattle to

reduce the production of methane from cow manure and requires farmers

to grow plants suitable for "beyond beef" vegan products.

Matilda and Jeremy are farmers in Ontario who previously raised beef.

They immigrated from a distant country and invested $500,000 in their

cattle business. They also use fossils fuels for their tractors and other farm

equipment to grow a wide variety of plants and crops. They hire a lawyer

who writes a letter to the Prime Minister threatening to take the government

to court over this law.

Helen Troy directs the Board to increase the fossil fuel license fee to

$10,000 for anybody who challenge the law in court and the regulation is

amended accordingly.

Matilda and Jeremy are struggling financially as a result of these measures,

but a lawyer decides to take on their case pro bono. (no charge). They

have already lost $30,000 since the law was adopted 3 months ago and

are losing $10,000 every month