PUB2 101D2 Lecture Notes - Lecture 16: Brian Dickson, Endangerment, Ian Binnie

• School: McGill University
• Department: Public Law 2
• Course: PUB2 101D2
• Professor: Alexander Pless

Document Summary

Kirkbi ag v. ritvik holdings inc. , [2005] 3 scr 302, at para 21. If the regulatory scheme is declared valid, the court must then determine whether the impugned provision is sufficiently integrated with the scheme that it can be upheld by virtue of that relationship. This requires considering the seriousness of the encroachment on provincial powers, in order to decide on the proper standard for such a relationship. So, the greater encroachment on provincial powers, the greater the requirements to show integration . In practice, this means that you need to show the provision is important to the functioning of the overall scheme. In vapor canada, gm, and kirkbi the question concerned the constitutionality of a civil remedy in a regulatory scheme. In vapor the court says no, in gm yes. In city national leasing, this court found that the intrusion of s. 31. 1 of the combines investigation act, r. s. c. 1970, c. c-23, into provincial jurisdiction was minimal.