| Reference Re Farm Products Marketing Act |
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| canadian federalism case law | |
| supreme court of canada cases | |
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The Ontario ''Farm Products Marketing Act'' was challenged as ultra vires the province. The Court split four to four on whether the law was valid. Chief Justice Fauteux, held that the Act had an effect on inter-provincial trade and so it could not be upheld as a "matter of a local nature" under section 92(16) of the Constitution Act, 1867. Rather, the Act concerned the "flow of goods" which was part of the Trade power. Rand J., in a concurring opinion, added that the demarcation between trade, production, and manufacturing must be considered. “That demarcation must observe this rule, that if in a trade activity, including manufacture or production, there is involved a matter of extra-provincial interest or concern its regulation thereafter in the aspect of trade is by that fact put beyond Provincial power.” Consequently, some intra-provincial trade can be regulated federally as well as inter-provincial trade. SEE ALSO EXTERNAL LINKS |
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