labelling “incidental” is in fact the dominant feature. - in mortgentaler the privatization and the cost and quality of health care services were not proven to be anything than incidental concerns. Central feature was to prohibit abortion feature of ____________, which falls within a provincial class. 2. This subject matter has a double aspect Definition of doctrine: The double-aspect doctrine allows both the federal and provincial government to equally regulate on the same subject because this subject has aspects that fall within both jurisdictions legislative authority. The doctrine reflects the overlap in the constitutional division of powers A valid double-aspect will be regulated on equal importance by both the provincial and federal side. Ex’s of Double Aspects: Subject Matter PROVINCIAL FEDERAL Impaired driving Motor Vehicle Act 92(13) + 1 (b) + (15) Property and Civil Rights – Local nature “Safety on Highways” Criminal Code 91 (27) – criminal law “Prohibition of reckless driving is socially injurious” Insider Trading/ Securities Regulation Ontario Securities Act Prohibited insider trading in shares trading on the TSX Canadian Corporations Act Federally incorporated companies Abortion Healthcare Criminal Prostitution Passes zoning reg. that includes provision for regulating prostituiotn says: dominant aspect is control of streets, Criminal aspect 2) Opposers of the law Individual = This is not analogist to Multiple Access 1) Defenders of the law City/Province Argument = Double-aspect is supported by modern federalism, who find the traditional compartment approach as unrealistic Over-lap is expected and is accommodated in a federal state (GM) Courts have shown a preference towards upholding laws; if they can find it valid they will. The double-aspect doctrine allows them exercise this preference in respect to _____(this law)______ tight
Arguments by alleged insider traders Argued against the double-aspect: regulation of trading shares of federally incorporated companies falls within exclusive federal jurisdiction In the alternative, if is a double-aspect, Paramountcy overrides it Provincial Ontario Securities Act Prohibited insider trading in shares trading on the TSX Federal Canadian Corporations Act Obligations attached to ownership of shares in a federal company …extends to shareholders, employees etc Incorporation of companies with than provincial objects belongs to federal parliament Also extends to maintenance & shareholder interests Result The subject of insider trading has a double-aspect Dissenting judges didn’t find double-aspect. Only a provincial as “regulation of securities transactions falls under the provincial class of “property and civil rights”.” Both IID and Paramountcy were held to not apply Impaired Driving = Double-Aspect 1. Criminal Code Class: 91 (27) – criminal law Matter/ - Prohibition of reckless driving is socially injurious Pith + Substance Aspect 2. Motor Vehicle Act 92(13) + 1 (b) + (15) Property and Civil Rights – Local nature Safety on Highways Double Aspect C. Necessarily Incidental/Ancillary Doctrine General Motors of Canada Ltd v City National Leasing (CNL) GM Saved by the Ancillary Doctrine Sets out Anc. Doc. Test Background: CNL brought an action against GM for violating s. 33.1 of the federal Combines Investigation Act Whole federal Act was valid, but GM had to resort to questioning the validity of s. 33.1 GM argued that s.33.1 was ultra vires federal parliament because the creation of civil causes of action falls within provincial jurisdiction in relations to “property and civil rights” Result The provision passes the “ancillary test” S. 31.1 intrudes in a limited way on the important provincial power over civil rights S. 31.1 does have a necessary link to the Act S. 31.1 is an integral, well-conceived component of the economic regulation strategy found in the federal Combines Investigations Act S. 31.1 is integrated into the purpose and underlying philosophy of the Act