What is the test for establishing a real and substantial connection between the province and the subject matter of legislation?

British Columbia, Canada


The following excerpt is from Kendregan v. Kendregan, 2009 BCSC 23 (CanLII):

The existence of a real and substantial connection between the province and the subject matter of legislation has also, through the pith and substance analysis, been held to satisfy the constitutional validity of legislation when an extraterritorial aspect is involved: British Columbia v. Imperial Tobacco Canada Ltd., 2005 SCC 49, [2005] 2 S.C.R. 473.

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