Does section 92(16) of the Criminal Code render a section of provincial legislation ultra vires?
British Columbia, Canada
The following excerpt is from Federated Anti-Poverty Groups of BC v. Vancouver (City), 2002 BCSC 105 (CanLII):
So long as the pith and substance of the provincial legislation falls under one of the heads of power under s. 92 (and here it is said to be s. 92(16)), even the incorporation and relevance of the Criminal Code does not render such legislation ultra vires. (See Buhlers v. British Columbia (Superintendent of Motor Vehicles) (1999), 65 B.C.L.R. (3d) 119, 1999 BCCA 114).
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