1. Constitutional Law Chapter 10
Property and Civil Rights in the Province
Melody Ng

2. Definition of Property and Civil Rights
The entire field of law-making apart from criminal law.
This was the general manner the Privy Council interpreted this phrase, starting at the judgment in Citizens’ Insurance Company v. Parsons

3. Specific enumerated categories in section 91 (powers of the parliament) are treated as exceptions to powers of provincial legislatures under section 92(13) Property and civil rights in the provinces
Federal legislations in relations to these enumerated categories are upheld despite incidental impact on property rights = exclusive authority of Parliament

4. Matters not expressly dealt with by section 91 are treated as matters subject to exclusive provincial jurisdiction.
(eg. Unemployment relief, securities regulation, insurance)

5. Expansive interpretation of provincial trade powers
Carnation Co. v. Quebec 1968 (Agricultural Marketing Board)
A Quebec statute granted the provincial board the power to fix the price paid by Carnation for raw milk purchased from local dairy producers
Supported local trade

6. Downside of this expansive interpretation of provincial trade powers
Enact laws that restrict the free flow of goods or services between provinces
Impose conditions that favour local producers and bar sale of more desirable imported products
Incentive from local producers = a powerful political lobby

7. Expansive powers not ALWAYS the case
Manitoba Egg Reference 1971 (case 12)
Underlying purpose of provincial regulation was to prevent the free flow of goods between provinces
Even though it extended only to matters physically within the province, provincial legislation was struck down
Later on, the Canadian Egg Marketing Agency was created through joint federal and provincial legislations

8. In 1982…
In lights of further cases that limit powers of provinces in terms of property and civil rights
Included Section 92A of the Constitution Act in 1982
Confirmed and extended provincial powers in relation to natural resources

9. Meaning of “Within the Province”
Scope of s. 92(13) can have impact outside of physical boundary of the province
Supreme Court of Canada will support the legislature based on pith and substance

10. Discussion
1) Can you think of examples where the Supreme Court upheld provincial legislature for matters outside the physical boundary of the province under the scope of s.92(13)?

11. Discussion
2)What are some of the pros of expansive provincial powers?