Reference Re Securities Act: If Wishes Were Horses, then Beggars Would Ride
Year: 2013
Type: preprint
Abstract: This case comment is limited to consideration of the constitutional principles and approaches which were in issue or were peripherally raised by the court's opinion and to the effect of the Reference on the division of legislative jurisdiction under the Constitution Act, 1867. The author argues that, while the Reference has not affected the scope of any federal or provincial powers, it has clarified the judicially created test for the second branch of s. 91(2), general regulation of trade and commerce. In so doing, the court has preserved and protected the scope of existing provincial legislative jurisdiction under s. 92(13) and thus has continued to defer to the federal principle. Like many other Supreme Court of Canada decisions, the reasons for judgment raise further questions.
Source: SSRN Electronic Journal
Author: Elizabeth Edinger
Institution: University of British Columbia
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2253371104