Trade and Commerce Flashcards
(9 cards)
Trade and Commerce as a federal power is section
91 (20) - Trade and Commerce
Trade and Commerce as a provincial power is section
92 (13) and 92 (16) the general category.
Divides powers in trade/business matters.
1- INTRAprovincial trade - Trade occuring within province is provincial.
2- INTERprovincial - When trade moves from one province to another it is federal.
Part two of test is INTERNATIONAL TRADE- federal. Fed go has a general trade and commerce power
The PARSONS TEST
CASE - Licensing of Grain elevators, provincial law that regulated the storage of grain, FEDS believed the grain would be exported, therefore it is fed jurisdiction. Deemed provincial.
R. V. Eastern Terminal Elevator Co.
CASE - Provincial law regulated eggs in the province. Regardless whether eggs were produced in the province or imported, who’s jursidiction?
Federal - AG MANITOBA v. Manitoba Egg and Poultry Association.
CASE - Manitoba tried to regulate prices and conditions of selling pigs brought into the province. Cant slaughter pigs unless purchased by Manitoba Hog Producers - SCC called it an interference with INTERPROVINCIAL trade - fed jurisdiction.
BURNS FOOD LTD. v A.G. Manitoba
Law must be aimed at the economy and economic issues IN GENERAL and not aimed at one specific industry.
“General Trade and Commerce” power of the federal Gov. ****
CASE - Light beer between 1.2 and 2.5% alcohol. Labatt made special Lite. Feds argued that it was criminal law - it was not criminal and the General Trade and Commerce power did not work here either as it was targeting Labatt and not trade issues as a whole!!!!!
Labatts Breweries v A.G. Canada
CASE - Federal law on competition. Dealt with price fixing- It is general Trade and Commerce!!!!! It regulates the whole economu and not a particular industry. Only used if courts are convinced that national regulation is neecessary.
GENERAL MOTORS v City National Leasing
