Question
The federal government has decided that it wants to create a new statute to address the dangers associated with motorized gyro hover boards, which people
The federal government has decided that it wants to createa new statuteto address the dangers associated with motorized gyro hover boards, which people can stand on and self propel around a room. The federal government has decided that only certain hover boards can be sold in Canada, those that meet regulatory requirements in terms of reliability, durability and battery safety.All other hover boards that do not meet these requirements will be prohibited from sale in Canada. Only persons 19 years and older will be able to purchase the hover boards.The federal government wants to include an offence for retailers who do not exercise care in the marketing and sale of the hover boards. The federal government does not want to use a criminal track offence.Can the federal government do all these things? Drawing on course materials and discussion in class, what advice will you give to the following questions (to receive the full 5 marks, make sure you answer all five questions (one sentence per question), and use headings (e.g., Question 1, Question 2, etc) so that it is clear which question you are referring to:
(1) based on your course materials and discussion in class, what do you think is theconstitutional authorityfor the federal government to create the proposed new statute?Make sure you include thename and year of the constitutional law, the section number, the subsection number, and the name of the constitutional head of power).
(2) what non-Supreme Court of Canadacourt decisionwould you use to support your answer concerning the constitutional authority for the federal government to create the proposed law?
(3) Based on the above information,describe the type of offence and its unique characteristicsto be included in the new statute, to prohibit hover boards that are not in compliance with federal regulatory requirements, including thename of the specific type of the offence, the threshold of proof, defence(s) available (if any), and the exact nature of the penalties (what can and what cannot be included as a penalty) if there is a violation.
(4) From a federal government standpoint,briefly describe one key advantageof using the type of offence you chose to provide over the alternatives.
(5) From a federal government standpoint,briefly describe one key disadvantageof using the type of offence you chose to provide over the alternatives.
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