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?
"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
What is the nature of an accused's confession and what is the substance of that confession? (Manitoba, Canada)
Does an arbitrator’s analysis of the definition of a Subpara-SIL Claim (b) fail to give effect to all words of the SIL Claim definition? (Manitoba, Canada)
Is there any substance to the suggestion that the solicitor for the executrix exceeded her authority? (Manitoba, Canada)
What analysis is required of a shared custody arrangement under the shared custody regime? (Manitoba, Canada)
What is the test for determining the matter or substance of a challenged law? (Manitoba, Canada)
Can an action based on this tort lie even if the relevant parties are in a contractual relationship? (Manitoba, Canada)
What is the current state of the law on informed consent? (Manitoba, Canada)
What is the test for refusing to hear a motion for contempt of court? (Manitoba, Canada)
Can a plaintiff who already knows the material facts before the limitation period expired, sit on her rights and not file a claim? (Manitoba, Canada)
Can a post-apprehension hearing be scheduled for the purpose of challenging the apprehension of a child? (Manitoba, Canada)
