What is the test for pith and substance analysis?
Manitoba, Canada
The following excerpt is from Manitoba Metis Federation Inc. et al. v. Attorney General of Canada et al., 2007 MBQB 293 (CanLII):
In Ward v. Canada (Attorney General), [2002] 1 S.C.R. 569, 2002 SCC 17, McLachlin C.J., for a unanimous court, wrote, at p. 578: ¶ 16 … The pith and substance analysis asks two questions: first, what is the essential character of the law? Second, does that character relate to an enumerated head of power granted to the legislature in question by the Constitution Act, 1867?
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