Search results
Results From The WOW.Com Content Network
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]
Prevention education curriculum during this period is centred on what is referred to as ‘skills-based health education’. [3] [2] It aims to develop key personal and social skills such as those that support healthy emotional and social development during this period, and protect against later substance use. [1]
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 ...
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 ...
Paramountcy is relevant where there is conflicting federal and provincial legislation. As Justice Major explained in Rothmans: [1]. The doctrine of federal legislative paramountcy dictates that where there is an inconsistency between validly enacted but overlapping provincial and federal legislation, the provincial legislation is inoperative to the extent of the inconsistency.
The principles of fundamental justice require that criminal offences that have sentences involving prison must have a mens rea element, namely intent to commit a crime. ( Re BC Motor Vehicle Act , R v Vaillancourt ) For more serious crimes such as murder that impose a stigma as part of the conviction, the mental element must be proven on a ...
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.