Constitution Act 1867 & Criminal Law Power

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Questions and Answers

What does Section 91(27) of the Constitution Act, 1867 allow the federal government to do?

Legislate on economic trade matters

Oversee international law compliance

Legislate on criminal law (correct)

Regulate provincial criminal laws

Which of the following is NOT a requirement for a law to be considered criminal according to Section 91(27)?

It must be aimed at economic regulation (correct)

It must protect public interests

It must address a public evil

It should impose penal sanctions

In the case Reference re Validity of Section 5(a) of the Dairy Industry Act, what was the main reason the law was found to be ultra vires?

It imposed excessive penalties on individuals

It targeted consumer protection directly

It aimed at economic protectionism, not public harm (correct)

It addressed too many public interests

What was a common characteristic of the regulations in the Labatt Breweries of Canada Ltd v Attorney General of Canada case?

Involved detailed economic regulation Signup and view all the answers

What dimension must criminal law have according to Section 91(27)?

A moral dimension Signup and view all the answers

Why was the prohibition on importing margarine upheld in Reference re Validity of Section 5(a) of the Dairy Industry Act?

It was justified under international trade laws Signup and view all the answers

What was a determining factor in the court's ruling regarding legislation in Labatt Breweries of Canada Ltd v Attorney General of Canada?

The absence of typical criminal law objectives Signup and view all the answers

Which of the following best describes the purpose of criminal law as indicated by Section 91(27)?

To address public evils and protect interests Signup and view all the answers

What was the reason the Court ruled that driving with a suspended provincial driver's license could not be upheld under Section 91(27)?

It was primarily an economic regulation. Signup and view all the answers

Which principle must be demonstrated for a law to be valid under the federal criminal law power?

It must address public evil or harmful conduct. Signup and view all the answers

What was the key reason the prohibition against the sale of young harp and hooded seals was not upheld under Section 91(27)?

It was aimed at managing international market concerns, not public evil. Signup and view all the answers

What type of laws are generally deemed outside the scope of federal criminal law power?

Laws focusing on property rights and economic interests. Signup and view all the answers

Which component is NOT a requirement for a law's validity under Section 91(27)?

It must solely focus on economic trade. Signup and view all the answers

Which of the following is an example of a law that would likely be valid under criminal law power?

A law prohibiting theft and robbery. Signup and view all the answers

Why did the Court find no community interest in criminalizing the administration of provincial regulations on driver's licenses?

Because the regulations are purely administrative and not criminal. Signup and view all the answers

What distinguishes criminal law from economic regulation according to the principles outlined?

Criminal law targets malicious behavior, while economic regulation targets trade. Signup and view all the answers

Study Notes

Section 91(27) of the Constitution Act, 1867: Criminal Law Power

Section 91(27) of the Constitution Act, 1867 grants the federal government authority over criminal law.
The test for criminal law involves both purpose and form.
Purpose: The law must address a public evil, aiming to protect public interests (peace, order, security, health, morality).
Form: The law must impose penal sanctions and target behaviors considered harmful to society.
Criminal law often has a moral dimension, addressing morally wrong or harmful conduct.

Case Studies:

1. Reference re Validity of Section 5(a) of the Dairy Industry Act (1949)

Federal Legislation: Prohibition on manufacturing, importing, or selling margarine not made from milk or cream.
Upheld under Section 91(27)? No.
Reasoning: The purpose of the law was economic protectionism for the dairy industry, not a public evil. The regulation was primarily aimed at protecting dairy producers, not protecting public interests.
Key takeaway: Economic regulation, not criminal law, cannot be justified under Section 91(27).

2. Labatt Breweries of Canada Ltd v Attorney General of Canada (1989)

Federal Legislation: Commodity standards for beer production and sale.
Upheld under Section 91(27)? No.
Reasoning: The law primarily focused on regulating the brewing industry, not addressing a public evil like consumer protection (food adulteration, false advertising)—which are usual objectives of criminal law. The regulation was categorized as economic rather than criminal.
Key takeaway: Regulations for economic regulation don't fall under the definition of criminal law under Section 91(27).

3. Boggs v. R. (1992)

Federal Legislation: Prohibition of driving with a suspended provincial driver's license.
Upheld under Section 91(27)? No.
Reasoning: The suspension of a driver's license could stem from provincial regulations (like unpaid taxes or judgments), not just criminal acts. The law was about administering provincial regulations, not a criminal offence.
Key takeaway: Federal criminal law doesn't encompass the administration of provincial regulatory schemes.

4. Ward v. Canada (AG), 2002 SCC 17

Federal Legislation: Prohibition of selling young harp seals and hooded seals in the Fisheries Act.
Upheld under Section 91(27)? No.
Reasoning: The purpose of the law was to manage fisheries, protect the Canadian fish markets from international backlash due to concerns over seal hunting. It wasn't about criminalizing the killing or sale of seals, which is related to public evil.
Key takeaway: Laws targeting international trade or market management are not sufficient grounds to classify something as a criminal act under Section 91(27).

Summary of Key Principles

Valid Criminal Law under Section 91(27): Must aim at preventing public evil or harmful conduct, threatening public peace, order, health, morality, or security. Crucial to understand the fundamental purpose of the law.
Valid Criminal Law under Section 91(27): Must involve penal sanctions and focus on regulating harmful conduct or behaviors that society views as morally wrong.
Economic Regulation vs. Criminal Law: Laws mainly for economic protectionism, trade regulation, or market management are typically not under Section 91(27). The line between economic and criminal matters is vital to recognizing.
Provincial Jurisdiction: Administering provincial regulatory schemes (driver's licenses) is not under federal criminal law. Focus on the core purpose and function of the law.

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Description

Explore Section 91(27) of the Constitution Act, 1867, which empowers the federal government over criminal law in Canada. This quiz examines the purpose and form of criminal law, highlighting its role in protecting public interests. Engage with case studies to understand how this power is applied in real-world scenarios.