What is the test for interpreting the Queen's interpretation of the Queen’s Speech to the Court of Appeal?
Manitoba, Canada
The following excerpt is from Egg Producers' Marketing Board (man.) v. Siemens, 1989 CanLII 7436 (MB QB):
Mr. Justice Pigeon in Steinberg's Ltd. v. Comite paritaire de l'alimenta- tion au detail, [1968] S.C.R. 971, at p. 983 (translation) explaining McKay v. The Queen said: "... the rule in McKay v. The Queen is not that a legislative enactment must at all cost be interpreted so as to remain intra vires. It is rather that when faced with two possible interpretations, that which avoids invalidity must be preferred."
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