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Quebec (Attorney General) v Lacombe, 2010 SCC 38


Ancillary Doctrine = only the ancillary powers doctrine concerns legislation that, in pith and substance, falls outside the jurisdiction of its enacting body.


Ancillary Doctrine – recognizing degree of jurisdictional overlap, the accepts that validity of measures that lie outside a legs competence, if these measures constitute and integral part of the leg scheme.

The availability of ancillary powers is limited to situations in which the intrusion on the powers of the other level of government is justified by the important role that the extra-jurisdictional provision plays in a valid legislative scheme.

Ancillary should not be confused with the incidental effects rule or double aspect doctrine:
*Ancillary powers doctrine applies where a provision is, in pith and substance, outside the competence of its enacting body – falls outside the jurisdictions’ enacting body
*Incidental effects rule applies when a provision, in pith and substance, lies within the competence of the enacting body but touches on a subject assigned to the other level of government
*Double aspect doctrine recognizes the overlapping jurisdiction of the two levels of government.

In General Motors, Dickson C.J. proposed a qualification on the rational functional test: the necessity test should apply to serious intrusions on the powers of the other branch of government, while the rational functional test should apply to lesser intrusions

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