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
-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
-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
-In order for Canada to have an independent governing government they must have one law which must
apply to everyone.
J. St Paul