May 28, 2012.docx

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Public Policy and Administration Studies
PPAS 3135
Sirvan Karimi

May 28, 2012 Need to know the intent of the law, and who will be affected by a certain law. Pith and Substance: legal principle that is used by the court to figure out the intent of the law. Colorable law: legal principle used to find out who will be affected by this law. Means, that the law is disguised (colored). EIA (1935) -Great depression emerged and in Canada we did not have an effective social programs or warfare state and etc. When someone was unemployed the onus fell on the person. Classical liberal perspective was dominant. -McKenzie King tried to establish and pass EIA, an employment insurance act. Federal law stated that since the employment insurance act was not mentioned in the BNA act in section 92 than it is not a law. It cannot be justified under the emergency clause because it will be continual (not a temporary emergency). JCPC (1947) -In order for Canada to have an independent governing government they must have one law which must apply to everyone. J. St Paul
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