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Ag Manitoba V. Manitoba Egg And Poultry Association




The Court held that even though there was no direct evidence showing that there was extra-provincial effect of the provincial law, the potential effect was sufficient to find the law Ultra Vires . The Court foudn that control of imports was essential to the provincial legislative scheme even though the law made no distinction between egg produced inside or outside of the province. The Court distinguished the case from the ''Carnation'' decision by the fact that the Manitoba regulations intended to provide regulation of inter-provincial trade while in ''Carnation'' the law only has the ''effect'' of regulating inter-provinical trade.

In the aftermath of the decision, 11 of the provinces entered an agreement with the federal government which arranged a federal egg marketing scheme which created quotas for each of the provinces, and charged tarriffs for eggs sold outside of the province.


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