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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.
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.
pith and substance, including the nature of any ancillary powers and the colourability of legislation, double aspect, paramountcy, Crown immunity, and; interjurisdictional immunity; There are also differences in legislative competence in each of the Provinces, as each had entered Confederation on somewhat different terms.
Fleming v Ontario, 2019 SCC 45 is a decision of the Supreme Court of Canada on the powers of police officers under the common law ancillary powers doctrine. The Court unanimously held that police officers did not have the authority to arrest someone engaging in lawful conduct to prevent a breach of peace by others.
Division of powers, insolvency law, finality of judgments, royal prerogative Cushing v Dupuy is a Canadian constitutional law case decided by the Judicial Committee of the Privy Council in 1880, at that time the highest court of appeal for the British Empire , including Canada.
In the court case S.J. Amoroso Construction Co. v. U.S., 26 Cl. Ct. 759 (1992), Judge Plager wrote an opinion suggesting that the court had used the Christian Doctrine to resolve a case that could have been resolved more satisfactorily using other legal principles. He argued for very limited use of the Christian Doctrine based on the following ...
Ancillary jurisdiction. The final question before the Court was whether the District Court rightly exercised ancillary jurisdiction over the counties' cross-claim against the state for indemnification. The Court rejected, as having "no basis in law," the Second Circuit's theory that "by violating a federal statute, the State consented to suit ...
The Court said that this "generation shifting" approach (rather than a "technology-based approach"), adopted for the first time in the 2015 Clean Power Plan, was an "unheralded power" and "transformative expansion" of the agency's "regulatory authority" found in an "ancillary provision" "that was designed to function as a gap filler and had ...