Law Students

Canadian Constitutional Law #18: Economic Regulation I

By Erin

Who has jurisdiction over economic regulation?  This is an area that could fit under the federal power of trade and commerce (sec91(2)), or the provincial power over property and civil rights (sec92(13)).  In general, intraprovincial trade is considered to be a provincial matter and interprovincial and international trade is considered a federal matter.  In the JCPC era w little overlap was allowed, and the provincial jurisdiction over trade was thought to be very expansive.  More recent cases have narrowed this until a 1982 constitutional amendment returned more control over natural resources to the provinces. The next podcast will focus on the federal power over trade.

Citizen?s Insurance Co v Parsons (1881)
Carnation Co Ltd v Quebec Agricultural Marketing Board (1968)
Manitoba Egg Reference (1971)
Re Agricultural Products Marketing Act (1978)
Canadian Industrial Gas and Oil Ltd v Saskatchewan (1978)
Central Canada Potash (1978)
Westcoast Energy v Canada (National Energy Board), (1998)
Black and Co v Law Society of Alberta (1989)
Union Colliery Co of BC v Bryden, (1899)
Winner v SMT (Eastern) Ltd, (1951)
Reference re offshore mineral rights of British Columbia (1967)
Reference re the seabed and subsoil of the continental shelf offshore Newfoundland, (1984)
Reference re AG Canada and AG BC (Re strait of Georgia), (1984)

Full post as published by Life of a Law Student on January 24, 2007 (boomark / email).