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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 ...
Pith and substance [1] is a legal doctrine in Canadian constitutional interpretation used to determine under which head of power a given piece of legislation falls. The doctrine is primarily used when a law is challenged on the basis that one level of government (be it provincial or federal) has encroached upon the exclusive jurisdiction of another level of government.
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 ...
At issue was the scope of provincial legislative jurisdiction over property and civil rights under s. 92(13) of the British North America Act, 1867 (now the Constitution Act, 1867) compared to the federal power over trade and commerce under s. 91(2). The Judicial Committee held that the provincial power included regulating individual business ...
The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3).The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes".
Specifically, the phrase appears in section 91 of the federal Act, which is part of the block of sections that divide legislative powers between the federal and provincial levels of government. [ 7 ] It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order, and ...
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".