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Trade and Commerce : ウィキペディア英語版
Section 91(2) of the Constitution Act, 1867
Section 91(2) of the ''Constitution Act, 1867'', also known as the trade and commerce power, grants the Parliament of Canada the authority to legislate on:
The development of Canadian constitutional law has given this power characteristics that are unique from those that are specified in the United States Constitution's Commerce Clause and the Australian Constitution's interstate trade and commerce power.
==Initial jurisprudence==

First examined in ''Citizen's Insurance Co. v. Parsons'' (1881), Sir Montague Smith of the Judicial Committee of the Privy Council determined its scope thus:
Therefore, ''Parsons'' establishes three basic propositions about the trade and commerce power that have underlined all subsequent jurisprudence:
Initially the scope for extraprovincial trade was set very narrowly by the Privy Council. In the ''Board of Commerce case'', the Privy Council suggested that the trade and commerce power applied only as an ancillary power to some other valid federal power. This principle was eventually rejected in ''Toronto Electric Commissioners v. Snider'' and ''Proprietary Articles Trade Association v. Attorney General of Canada'', but the power was still read strictly.
In ''R. v. Eastern Terminal Elevator Co.'' (1925), a federal law regulating trade of provincially produced grain destined entirely for export was found not to be within the meaning of extraprovincial trade. As Duff J. (as he then was) noted in his opinion:
By the 1930s, as noted succinctly in the ''Fish Canneries Reference'' and then subsequently in the ''Aeronautics Reference'', the division of responsibilities between federal and provincial jurisdictions was summarized as follows by Lord Sankey:

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Section 91(2) of the Constitution Act, 1867」の詳細全文を読む



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