POLSCI 3LC3 Lecture Notes - Lecture 15: Oldman River, Survey Methodology, Real Country
15 Dec 2017
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2 real tests for trade: international/interprovincial. Only the parts that are international/interprovincial: trade a ecting dominion as a whole. Can regulate in provincial jurisdiction so long as it is something which a ects the country as a whole: scc has continues to interpret law consistent with the jcpc. With this clause it has to prove all the aspects of each test, but only needs to complete all elements of one of the three tests: the gap doctrine: Fill in gaps in the constitution where there has been an incomplete distribution of powers between 91 and 92. Series of cases dealing with gap doctrine, it was originally conceived that we are not dealing with new powers, rather with things where there isn"t an existing distribution of powers in the constitution. Rather, this isn"t a novel matter that wouldn"t have been thought of during the founding.
