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Pith And Substance Analysis

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To be able to distinguish which state of power s. 27 falls under the court relied on pith and substance. Judge McLachlin analyzed and examined the pith and substance in correlation to the case, she accomplished this by asking two questions. The first question that must be addressed is, “what is the essential character of the law?” The second is “does the character relate to an enumerated head of power granted to the legislature in question by the Constitution Act, 1867?”. In order to answer these questions the court had to determine the purpose of the law. Many activist groups campaigned against the hunting of seals and nearly destroyed the fishing market industry in the 1980’s. The government handled this by prohibiting the sale and trade

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