Poli Sci 3NN6

- Process for Determination of Jurisdiction

o Purpose of Legislation

o Parsons v. Citizens Insurance test for determination of jurisdiction

Section 92
If no, then federal power
If yes, go to the next stage
Section 91
If no, then provincial power
If yes, go to next page
Reconcile power by looking at other aspects of Constitution

- SECTION 92 PROVINCIAL POWERS

o Property and civil rights
Shannon v. Lower Mainland Dairy Products Board [1938] AC 708
o Parsons

- SECTION 91 FEDERAL POWERS

o Trade and Commerce
Parsons
International Trade and Inter provincial Trade
o Ontario Farm Products Marketing Ref
o R v. Klassen
o Caloil v. A- G Canada
Trade Affecting the Dominion as a Whole
o General Motors v. City National Leasing
Part of a general regulatory scheme
Must be continuous oversight by a regulatory agency
Must be concerned with nation as a whole and not a
specific industry
Provinces constitutionally incapable of enacting
Failure to include a province would jeopardize whole of
scheme
o Peace, Order and Good Government
Gap Doctrine
Jones v. A.G.N.B
Oldman River Society v. Canada
Emergency Powers Doctrine
Anti Inflation Reference
 o War or Peace
o Apprehension of an Emergency
o Temporary Problem
o Temporary Solution
o Explicit Statement of an Emergency
National Concern Doctrine
R. v. Crown Zellerbach
o New Matters and Local that have become National
o Singleness, Distinctiveness and Indivisibility that distinguishes it
from Provincial matters and scale of impact is reconcilable with
Division of Powers
o Provincial Inability Test

- DOUBLE ASPECT DOCTRINE/ CONCURRENCY AND PARAMOUNTEY

o Conflict?
Both Governments within Jurisdiction?
Actual and extent of conflict?
Frustration of Federal Purpose
o Alberta v. Maloney [2015] SCC 51