Assignment

Topics : Paramountcy Ancillary Powers, Interjurisdictional Immunity, Property and Civil Rights,
Trade and Commerce

1. It is January 2023 and the province of Nova Scotia has experienced record-breaking
snowfall in the past 3 months. These conditions have led to immense pressure on Canada
Post, a Crown Corporation owned by the Federal Government, to deliver posts and
packages across the province in the past few months. People across the province have
repeatedly complained about the hampered services of Canada Post. The Provincial
Government is thinking of passing a law that would temporarily suspend the services of
Canada Post over the next one year in the province and will allow private postal companies
within Nova Scotia to take charge and deliver posts and packages across the province.

Assuming that there is valid federal law on the operations of post and packages in Canada,
Nova Scotia is sceptical regarding this issue, they have asked you to create a memo on the
basis of :

a) Whether the provincial government can pass such a law? (15 Marks)
b) Whether it would withstand the doctrine of paramountcy under Canadian
Constitutional Law? (10 Marks)

[Hint: Refer to the Doctrine of Pith and Substance to prove the validity of law and then
discuss the operability of the given law.]

2. Federal Canada’s Agricultural Standard Act listed grade names for agricultural products.
The Federal statute intended to differentiate the quality of apples.
Part I of the Act provided that if the grade names were used in local trade, then the
appropriate federal standards had to be complied with.
Mohan Stores was charged with selling apples (which were locally produced) under the
Federally established grade name “Canada Super Nice”, which did not comply with the
standards stipulated for that grade of apples. Whether the Federal statute regulating local
trade is valid in its pith and substance?
[Hint: Refer to the Doctrine of Pith and Substance to prove the validity of law under Trade
and Commerce Power.]