TESTS FOR VALIDITY OF LEGISLATION UNDER THE BRITISH NORTH AMERICA ACT
AbstractThe first of two, this article concerns the test for validity under the B.N.A. Act. The author asks two questions: What is the nature of “matters” in relation to which laws may be enacted under sections 91 and 92 of the Act? and Into what “class of subject” does this “matter” fall? The first question is answered in this part, and the second in a subsequent issue of the Canadian Bar Review. Question one is divided into two elements: 1) What is the nature of a “matter”? and 2) What is the test to be applied to determine whether legislation is “in relation to” a particular matter?
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