How have the provisions of section 92 of the Constitution Act, 1867 been interpreted and interpreted by the courts?

Alberta, Canada


The following excerpt is from Leth Farms Ltd. v. Alberta Turkey Growers Marketing Board, 1998 ABQB 1018 (CanLII):

I cannot see how these specific provisions fall properly within the constitutional authority of the province under s. 92 of the Constitution Act, 1867. Inasmuch as the legislation purports to apply not only to intra‑provincial marketing but also to interprovincial and international marketing (as, indeed, is illustrated by the purported application of the scheme to the plaintiffs' operations), it cannot be within the constitutional authority of the province: Lawson v. Interior Tree Fruit and Vegetable Committee, 1930 CanLII 91 (SCC), [1931] 2 D.L.R. 193 (S.C.C.); Manitoba Egg, supra.

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