Question
Case Analysis Questions: For each of the following questions provide a brief fact sheet, legal issues and analysis. (-8 points * 5 questions= 70 points)
Case Analysis Questions: For each of the following questions provide a brief fact sheet, legal issues and analysis. (-8 points * 5 questions= 70 points)
1.Basile v. Attorney General of Nova Scotia, [1984] N.S.J. No. 337 N.S.S.C. (App. Div.) Under theDirect Sellers' Licensing and Regulation Act,96anyone involved in the activity of direct selling (door-to-door sales) in Nova Scotia had to be a resident of that province. Mr. Basile, a bookseller and a resident of Qubec, applied for a licence to sell in Nova Scotia and was refused because he was not a permanent resident. Were he to challenge this decision, what would be his argument? Is this an infringement of the mobility rights? Does this activity fall into one of the exceptions set out in either section 6(3)(a) (laws of general application) or the reasonable limitation clause in section 1 of theCharter? If successful with hisCharterchallenge, what remedies might Mr. Basile be awarded?
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