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The Federal Court held it had jurisdiction over this interprovincial constitutional dispute, then granted British Columbia an interlocutory injunction against Alberta’s licensing powers.
The Supreme Court held that the proposed cooperative securities system was constitutionally permissible and that the draft federal Capital Markets Stability Act was intra vires Parliament.
Federal Court dismissed a judicial review challenging the Registrar’s public notice of 16 official marks for the BC TCM College and rejected constitutional attacks.
The impugned Regulations are valid: their pith and substance is to set compositional standards for cheese marketed in interprovincial and international trade, which falls within the federal trade and commerce power, and they were validly enacted under the Canada Agricultural Products Act and the Food and Drugs Act; evidence of an economic transfer was unpersuasive and incidental effects on production do not render the Regulations unconstitutional.
Source excerpt
Paragraph 9.1(5)(a) of the Processed Products Regulations is intra vires s.32 of the Canada Agricultural Products Act because the exemption power to authorise test marketing can legitimately include a condition preventing disruption of normal and usual trading patterns; the Federal Court erred by treating the judicial review as a trial of facts and by declaring the provision ultra vires; the CFIA decisions were set aside for procedural fairness and the matter remitted to the Director for redetermination in light of s.9.1(5)(a).
Source excerpt
La Cour fédérale rejette la demande de contrôle judiciaire visant les modifications sur la composition du fromage, les jugeant valides sous la loi habilitante et le par. 91(2).
The Federal Court upheld the Data Protection Regulation, finding it intra vires under the trade and commerce power and dismissing the judicial review applications.
The Federal Court upheld Notice 102 under the Export and Import Permits Act and as valid federal trade and commerce policy, dismissing TimberWest’s claims.
The Court of Appeal dismissed appeals challenging greenhouse marketing agreements and provincial levy orders, holding the contracts remained enforceable and the levies were valid.
The Federal Court of Appeal upheld the CITT's classification as reasonable: the CITT permissibly relied on the dictionary definition of 'curling iron' (a heated rod around which hair is wound) and on the finding that the products' primary function and mechanism (heated plates to straighten, not a rod to curl) place them outside Tariff Item 8516.32.10, so the appeal is dismissed.
Source excerpt
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