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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.
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.
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.
The doctrine applies not only to cases in which the provincial legislature has legislated pursuant to its ancillary power to trench on an area of federal jurisdiction, but also to situations in which the provincial legislature acts within its primary powers, and Parliament pursuant to its ancillary powers.
This requires considering the seriousness of the encroachment on provincial powers, in order to decide on the proper standard for such a relationship. If the provision passes this integration test, it is intra vires Parliament as an exercise of the general trade and commerce power. If the provision is not sufficiently integrated into the scheme ...
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.
R v Waterfield [1963] 3 All E.R. 659 is an English Court of Appeal decision, a court of binding precedent, outlining the modern limits of the law that authorises a police officer to stop (and then conceivably detain) a person.
The doctrine was first formulated to deal with the effects that provincial laws could have on federally incorporated companies. [5]In John Deere v Wharton, [6] provincial laws prohibiting companies not incorporated under the law of the enacting province from carrying on business without a prescribed licence were held not to apply to federally incorporated companies.