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Section 91-Federal Power Essay

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Process for determination of Jurisdiction Case Study Four
In this case the defendant applies that the regulation of marijuana growth and production is ultra vires the municipal government. The purpose of legislation is to determine which level of government has the authority over regulation of controlling marijuana via paramountcy doctrine and the Parsons v. Citizens Insurance Co test. First we must consider Section 92 - Provincial Powers; as the municipal government is an extension of provincial powers. If jurisdiction is not provincial then it is federal; if it is provincial, we must still consider Section 91 - Federal powers. This stage of the test determines if powers are not federal they must be provincial; however, if it is then we proceed
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The federal Trade and Commerce Test, is the sole authority that allows for federal government to place checks and balances within the economy. Section 91 lays out that the federal government has authority over matters that are international trade, interprovincial trade or trade affecting the dominion as a whole. This case however, is not international or interprovincial in nature, if was would assert the federal government’s authority over extraterritorial matters (R. v. Klassen), the right to control the redistribution of goods between provinces, licensing of agency (Caloil v. A-G Canada), and the ability to input control on matters of intra-provincial trade like the flow of goods, when a interprovincial or international scheme is in question (Egg Reference). Then, trade affecting the dominion as whole must be examined. In order for a issue to be considered federal in nature it must be part of a general regulatory scheme, must be continuous oversight by a regulatory agency and must be concerned with nation as a whole and not a specific industry (General Motors v. City National Leasing). Furthermore, the provinces must be incapable to congregate on the issue together in a constitutional manner and the result would have to be federal in nature. Yes this is a regulatory scheme as it controls when you can or cannot produce marijuana and Health Canada based on the control drugs and substance act is a continuous
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