[Cdn-DMCA] Property and civil rights

[Jason Young]

>I think this is a very powerful argument. "Terms and conditions of use" sounds
>to me to be clearly the domain of contract law and has no place in copyright
>law. If I understand correctly (and I may well not, because this whole
>federal/provincial thing is still pretty confusing to me), contract law is
>the domain of the provincial governments and not the federal government.

"Property and civil rights" fall under provincial jurisdiction in the 
Constitution: this includes rights from contract.

Section 91 of the British North America Act, otherwise known as the 
Constitution Act, 1867, enumerates all powers under the exclusive 
jurisdiction of the Parliament of Canada and s. 92 does the same for 
the provinces. Anything that isn't enumerated gets vacuumed up by the 
Feds.

http://lois.justice.gc.ca/en/const/c1867_e.html#distribution

Funny enough, the best book on understanding constitutional law in 
Canada is written by an Australian, Peter W. Hogg, now dean of 
Osgoode Hall Law School at York. Non-lawyers can read it too.

I've often wondered how far the intellectual *property* argument can 
go, before it runs smack into the fact the Feds have no jurisdiction 
to regulate property.
-- 
Jason Young
jyoung at lexinformatica.org
613.531.3442
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