Started on: 11/28/2013 12:34:00 PM
C LASS N OTES FOR : 3NN6
McMaster University, Fall 2013
T HURSDAY , NOVEMBER 28, 2013
Exam Question 2 HYPOTHETICAL
ISSUE: Does the federal have jurisdiction
PURPOSE: What is the purpose of the legislation?
- Conservation of the forest industry
- Preventing the spread of the pine beetles (kill bugs)
- Economic preservation
- Check section 92 Then 91
o Assuming that it does not fall under section 92 we go to section 91
- 92 (13) – Property and Civil Rights
o Yoni and Jean-Marc entered into a CONTRACT so it falls under section 92.
- According to Parsons we also see under section 91
o Does it fall under 91 (2) Trade & Commerce or Criminal Law/POGG
o TRADE AND COMMERCE
How do we decide whether something falls under the trade and commerce?
INTERNATIONAL AND INTER-PROVINCIAL TRADE (PARSONS,
– Does the trade of Yoni and Marc international or interprovincial?
- What about the Caloil case? Primary purpose is the primary enactment,
but it has an incidental impact. CONSIDERING INCIDENTAL IMPACT
on the provincial rights.
TRADE AFFECTING THE DOMINION AS A WHOLE (LASKIN)
Were part of a general regulatory scheme
o A plan in place that sets out rules as to how something is
governed (pine beetle control act is!)
That was monitored and had continuing oversight by a regulatory
o Yes, it is called the Canada Lumber Agency
Must be concerned with trade affecting the country as a whole, not
just a specific industry
o The nature of the problem suggests that it’s a single
industry; but it can be the country as a whole, because it
covers everyone who might use LUMBER (e.g. building,
ADDING 2 MORE: to ensure that there is a BALANCE between
91 and 92, does not want to go far to upset the balance between the
Angie © McMaster University 1
Fall 2013 Started on: 11/28/2013 12:34:00 PM
Fourth, the legislation should be of a nature that the provinces
would be unconstitutionally capable of enacting.
o How would a province enforce outside of the jurisdiction if
it needed to do? ; In this case, provinces are incapable YES;
Fifth, that the failure to include a pr