Federalism

Question 1

Ref: Dairy Industry

Answer 1

Facts: Dairy Industry Act prohibited Margarine, at the time because margarine was bad for you. Now Margarine is not a health concern.

Held: Act can’t fall under criminal law head. Prohibition of import is found IV (but only under foreign trade). Prohibition of manufacture, possession, sale is UV.
Reasons:
- Public peace, order, security, health, morality are ordinary though not exclusive ends served by criminal law, but they don’t appear to be the object of the parliamentary action here

Question 2

Bedard v Dawson

Answer 2

Facts: Quebec passes law saying owning/occupying brothels is illegal. Gives power to neighbors to send notice to owner. Injunctions/ closing of houses may follow.
Issue: Is Act respecting the owners of disorderly houses (brothels) UV the province, falling under federal power of criminal law?
Held: Law intra-vires province. Not criminal law, merely property rights.
Reasons:
- Concern that an act could take certain sections of Criminal Code and applies additional penalties to such.
- However, not the case in these facts. Not punishing offence itself by fine/imprisonment, merely injuction/closing of building (merely property rights)
- This law may work in co-operation with fed criminal laws

Question 3

Switzman v Ebling

Answer 3

Facts: Quebec has law saying illegal to possess/occupy house which propagates communism. May order closing of house. May imprison anyone printing/publishing.

Held: Act is UV, held to be under criminal law.
Reasons:
- Distinguished from Bedard. Real object of this act is to prevent propagation of communism and to punish those who do so. Bedard was concerned with enjoyment of property.

Question 4

Hydro Quebec

Answer 4

Facts: D company dumped chemicals in river that went against Interim Order and Environmental Protection Act. Claims both acts UV federal government. Act provides a number of civil and criminal penalties.

Held: Acts are UV.
Pith and substance of act are regulation of harmful substances in order to protect human life and health

• Laws under criminal law power must
  1. Contain prohibitions backed by penalties
  2. Be directed at a legitimate public purpose

Question 5

R v Wetmore

Answer 5

Facts: Feds enacting penalties for violations of its provisions may be legislation in relation to the criminal law (s91), although not included in the Criminal Code. Question of whether the federal attorney general was entitled to conduct the prosecution charges for violations of the federal statutes.

Held (Laskin majority): AG Canada wins, act under criminal law power. There are three main categories in act: protecting physical health+safety of public, marketing/dealing with controlled drugs, and protection moral health of public. Cats 1 and 3 are criminal law, 2 may invite trade and commerce. However, unnecessary to pursue, as “well understood” that protection of food against adulteration and enforcing standards of purity is properly assigned to criminal law.