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Download as PDF; Printable version; ... the Supreme Court announced that it would hear the case in the spring of 2012. ... Section 91(2) of the Constitution Act, 1867 ...
First examined in Citizen's Insurance Co. v. Parsons (1881), Sir Montague Smith of the Judicial Committee of the Privy Council determined its scope thus: . The words "regulation of trade and commerce," in their unlimited sense are sufficiently wide, if uncontrolled by the context and other parts of the Act, to include every regulation of trade ranging from political arrangements in regard to ...
The Constitution of Canada is a large number of documents that have been entrenched in the constitution by various means. Regardless of how documents became entrenched, together those documents form the supreme law of Canada; no non-constitutional law may conflict with them, and none of them may be changed without following the amending formula given in Part V of the Constitution Act, 1982.
It found that the overarching purposes of the Constitution Act, 1867 were settlement, expansion and development of the Dominion; that building a transcontinental railroad was integral to those purposes, that section 91(24) of the Constitution Act, 1867, the power over "Indians," was related to these purposes, that by section 91(24) the Framers ...
The act purports to add sections 90Q.1 and 90Q.2 to the Constitution Act, 1867, which provide that Quebecers form a nation and that French is the only official language of Quebec. Because the House of Commons did not authorize these additions to the Constitution Act, 1867 , they would only have effect if they were amendments to the constitution ...
Section 44 of that Act is the equivalent to the repealed version of s. 91(1), authorising limited amendments to the internal structure of the federal government. [10] Section 91 was also amended in 1940 by the addition of section 91(2A), "Unemployment insurance".
Paramountcy is relevant where there is conflicting federal and provincial legislation. As Justice Major explained in Rothmans: [1]. The doctrine of federal legislative paramountcy dictates that where there is an inconsistency between validly enacted but overlapping provincial and federal legislation, the provincial legislation is inoperative to the extent of the inconsistency.
[6] [7] In 1982 the Act was brought under full Canadian control through the Patriation of the Constitution, and was renamed the Constitution Act, 1867. [2] [6] Since Patriation, the Act can only be amended in Canada, under the amending formula set out in the Constitution Act, 1982. [8] [9] [10]