What is the test to determine whether legislation properly falls within the legislative jurisdiction of one or the other level of government?
Ontario, Canada
The following excerpt is from R. v. Kay, 1982 CanLII 3130 (ON SC):
To determine whether or not legislation properly falls within the legislative jurisdiction of one or the other levels of government, the test to be applied is — what is the pith and substance of the legislation? See Lord's Day Alliance of Canada v. A.-G. B.C. et al. (1959), 1959 CanLII 42 (SCC), 123 C.C.C. 81, 19 D.L.R. (2d) 97, [1959] S.C.R. 497, per Kerwin C.J.C.
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