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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 current approach to determining the constitutionality of legislation is founded in Canadian Western Bank v Alberta, [nb 20] where the Supreme Court of Canada summarized the following principles: the pith and substance of the provincial law and the federal law should be examined to ensure that they are both validly enacted laws and to ...
Ward v Canada (AG) [1] is a leading Supreme Court of Canada decision on federalism.The Court re-articulated the "pith and substance analysis and upheld the regulations prohibiting sale of "blueback" seals for the valid purpose of "curtailing commercial hunting of young seals to preserve the fisheries as an economic resource".
Interjurisdictional immunity is an exception to the pith and substance doctrine, as it stipulates that there is a core to each federal subject matter that cannot be reached by provincial laws. [1]
The Council held that the pith and substance of the provision was in relation to "aliens and naturalized subjects" and did fall within the federal jurisdiction. They also held that the federal government did not need to pass laws in all areas within their jurisdiction, and under the exclusivity principle the province can never intrude upon the ...
Provincial legislation which in pith and substance falls inside the perimeter of that term broadly defined is ultra vires. Parliament's legislative jurisdiction properly founded on s. 91(27) may have a destructive force on encroaching legislation from provincial legislatures, but such is the nature of the allocation procedure in ss. 91 and 92 ...
if it is, in pith and substance, provincial, ancillary effects on the rights of individuals outside the province are irrelevant, [13] but; where it is, in pith and substance, legislation in relation to the rights of individuals outside the province, it will be ultra vires the province [14]
Quebec (AG) v Lacombe, 2010 SCC 38, [2010] 2 SCR 453, is a decision of the Supreme Court of Canada on the nature of the ancillary powers that arise from the doctrine of pith and substance in Canadian constitutional law.