This approach was introduced by constitutional scholars Peter Hogg and Allison Bushell, and has had acceptance in much of the academic world and in courts. Nevertheless, it remains a controversial principle as it attempts to justify what many critics see as judicial activism in the courts.
Constitution of Canada
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Constitution Act, 1867 | Powers under Section 91 | |
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Powers under Section 92 | - Licensing
- Works and undertakings
- Property and civil rights
- Administration of justice
- Fines and penalties for provincial laws
- Matters of a local or private nature
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Amendments and other constitutional documents 1867–1982 |
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Provincial constitutions of Canada |
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