What is the test to determine whether legislation is within the power of a province?
British Columbia, Canada
The following excerpt is from Sivia v. British Columbia (Superintendent of Motor Vehicles), 2011 BCSC 1639 (CanLII):
As stated in Chatterjee v. Ontario (Attorney General), 2009 SCC 19 the question to ask when deciding whether legislation is within a province’s power is (at para. 16): What is the essence of what the law does and how does it do it?
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