What is the test for constitutional validity of federal legislation on egg marketing?
British Columbia, Canada
The following excerpt is from R. v. Wilson-Jules-Derrickson, 2000 BCSC 484 (CanLII):
In Canadian Egg Marketing Agency v. Richardson, the question raised by the defendant was the constitutional validity of certain federal egg marketing legislation. It was held that there were legal and practical effects of the legislative scheme that had to be examined to determine constitutionality.
In the case at bar, there was no suggestion the purpose of the legislation was to infringe aboriginal rights. However, the respondents suggest that is the effect of the impugned sections and that renders it unconstitutional. Accordingly, like Canadian Egg Marketing v. Richardson, I think that evidence concerning the effects of the impugned legislation is necessary in order to determine the question of constitutionality.
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