91 and 92 3. Fit matter into a class 1. Identifying the subject matter of the impugned legislation involves determining the purpose and possibly the effects of the legislation. Swinton argued that the dominant inquiry is into purpose, which she characterized as more deferential than focussing on effects. Lederman wrote about identifying the true meaning of the legislation or its most important feature, and appeared to deny the distinction between the purpose and effects of legislation.
Courts give meaning to the classes of subjects in ss.
Judges must fit the subject matter of the impugned legislation into one of the classes of subjects in s. 91 or 92. Citizens Insurance v. Parsons 1. The next day a fire destroyed everything. The insurance companies refused to pay. Queen Insurance claimed he had breached a condition about having no more than 10 pounds of gunpowder on the premises.