What is the test for determining whether a statutory section of legislation is constitutional or statutory?
Manitoba, Canada
The following excerpt is from Red River Construction Co. Ltd. v. East St. Paul (Municipality), 2001 MBQB 272 (CanLII):
In the decision of Tisdale Township v. Hollinger Consolidated Goldmines Limited, 1933 CanLII 8 (SCC), [1933] S.C.R. 321, Cannon J. at p. 323 stated as follows: The construction of a statutory enactment is a question of law, while the question of whether the particular matter or thing is of such a nature or kind as to fall within the legal definition of its term is a question of fact.
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