What is the test for determining the matter or substance of a challenged law?
Manitoba, Canada
The following excerpt is from R. v. Doer, 1999 CanLII 14053 (MB QB):
In order to determine the matter or “pith and substance” of a challenged law, one must identify its dominant or most important characteristic (Whitbread v. Walley (1990), 1990 CanLII 33 (SCC), 77 D.L.R. (4th) 25 (S.C.C.). A statute will often have many features to it. The court’s task is to identify the most important feature of the law, characterizing that as its “pith and substance” and the other features as merely incidental, irrelevant for constitutional purposes.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How has the wife argued that the matter of whether the son is to be enrolled in a football program was a matter of discipline? (Manitoba, Canada)
In the context of a custody and access matter, can a judge be found to have made an error in a family law matter? (Manitoba, Canada)
What is the test for determining the range of general damages in a personal injury case? (Manitoba, Canada)
What is the nature of an accused's confession and what is the substance of that confession? (Manitoba, Canada)
What is the impact of the sophistication of the individual defendant on the determination of inherent prejudice in a motion? (Manitoba, Canada)
What is the test for determining the proper measure of damages for third tier lending? (Manitoba, Canada)
What is the test for undue hardship in determining child support? (Manitoba, Canada)
What is the test for determining extraordinary school costs? (Manitoba, Canada)
What is the test for determining whether the City of Vancouver is liable in negligence under the Anns Test? (Manitoba, Canada)
In what circumstances will a final order be issued in a personal injury matter? (Manitoba, Canada)
