Question
Answer the following questions based on the fictional scenario Questions: What arguments will the lawyer be able to make and what procedural steps must the
Answer the following questions based on the fictional scenario
Questions:
- What arguments will the lawyer be able to make and what procedural steps
must the lawyer take to seek justice for Matilda and Jeremy?
- What are the legal issues?
- Identify as many legal issues as you can and try to fully explain them.
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
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started