Reference Re Farm Products Marketing Act (Ontario)
January 01, 1970
Reference Re Farm Products Marketing Act (Ontario), 1957 S.C.R. 198 is a leading Supreme Court of Canada decision on the Trade and Commerce power allocated to the federal government under section 91(2) of the Constitution Act, 1867. The Court held that the Trade and Commerce power applied not just to trade but also to the flow of goods.
Reference Re Farm Products Marketing Act (Ontario)
Kellock J took no part in the consideration or decision of the case.
The Ontario Farm Products Marketing Act was challenged as ultra vires the province. The Court split four to four on whether the law was valid.
Chief Justice Fauteux, held that the Act had an effect on inter-provincial trade and so it could not be upheld as a "matter of a local nature" under section 92 (16) of the Constitution Act, 1867. Rather, the Act concerned the "flow of goods" which was part of the Trade power. Rand J., in a concurring opinion, added that the demarcation between trade, production, and manufacturing must be considered. “That demarcation must observe this rule, that if in a trade activity, including manufacture or production, there is involved a matter of extraprovincial interest or concern its regulation thereafter in the aspect of trade is by that fact put beyond Provincial power.” Consequently, some intra-provincial trade can be regulated federally as well as inter-provincial trade.
reference, farm, products, marketing, ontario, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, reference, farm, prod. This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Reference Re Farm Products Marketing Act Ontario news newspapers books scholar JSTOR July 2014 Learn how and when to remove this message Reference Re Farm Products Marketing Act Ontario 1957 S C R 198 is a leading Supreme Court of Canada decision on the Trade and Commerce power allocated to the federal government under section 91 2 of the Constitution Act 1867 The Court held that the Trade and Commerce power applied not just to trade but also to the flow of goods Reference Re Farm Products Marketing Act Ontario Supreme Court of CanadaHearing 24 26 April 1956 19 20 November 1956 Judgment 22 January 1957Citations 1957 SCR 198Court membershipChief Justice Patrick KerwinPuisne Justices Robert Taschereau Ivan Rand Roy Kellock Charles Holland Locke John Robert Cartwright Gerald Fauteux Douglas Abbott Henry Grattan NolanReasons givenKellock J took no part in the consideration or decision of the case The Ontario Farm Products Marketing Act was challenged as ultra vires the province The Court split four to four on whether the law was valid Chief Justice Fauteux held that the Act had an effect on inter provincial trade and so it could not be upheld as a matter of a local nature under section 92 16 of the Constitution Act 1867 Rather the Act concerned the flow of goods which was part of the Trade power Rand J in a concurring opinion added that the demarcation between trade production and manufacturing must be considered That demarcation must observe this rule that if in a trade activity including manufacture or production there is involved a matter of extraprovincial interest or concern its regulation thereafter in the aspect of trade is by that fact put beyond Provincial power Consequently some intra provincial trade can be regulated federally as well as inter provincial trade See also editList of Supreme Court of Canada casesExternal links editFull text of Supreme Court of Canada decision at LexUM and CanLII Ontario Farm Marketing Act nbsp nbsp This article about Canadian law is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Reference Re Farm Products Marketing Act Ontario amp oldid 653538114, wikipedia, wiki, book, books, library,
