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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.
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]
However, in the second scenario where the State-legislated offence in question is a 'religious offence' but can, in pith and substance, be deemed as applying principles of 'general criminal law' which relates to overall public order, safety, health, security, morality, etc., then it cannot be said to be a 'purely religious offence' and would be ...
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 determine the nature of the overlap, if any, between them. the applicability of the provincial law to the federal undertaking or matter in question must be resolved with reference to the doctrine of ...
If it is, in pith and substance, provincial, ancillary effects on the rights of individuals outside the province are irrelevant [nb 43] 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 [nb 5] [nb 44] In The Queen (Man.) v.
La Forest considered the pith and substance of the Act. He found that the dominant feature of the Act was the "[protection] of the environment and human life and health from any and all harmful substances by regulating these substances."
Roads were still closed Thursday morning after a historic winter storm hit the South, bringing inches of snow to areas not used to seeing any snowfall at all. Drivers in southeastern Louisiana ...
The Double aspect doctrine in Canadian constitutional law is one that allows for laws to be created by both provincial and federal governments in relation to the same subject matter.