What is the test for determining the constitutionality of the BPCPA?
British Columbia, Canada
The following excerpt is from Unlu v. Air Canada, 2012 BCSC 60 (CanLII):
It is well established that the resolution of a case involving the constitutionality of legislation in relation to the division of powers must begin with an analysis of the “pith and substance” of the impugned legislation: see Canadian Western Bank v. Alberta, 2007 SCC 22, [2007] 2 S.C.R. 3, at para. 25. However, in this case, the Airlines do not challenge the constitutional validity of the BPCPA. Rather, they dispute its applicability, based first on the doctrine of paramountcy, and secondly, and, in the alternative, on the doctrine of interjurisdictional immunity.
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