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  • federalism accounts for 3 out of 736 casebriefs.

Style of causeRatio

R v Morgentaler, [1993] 3 SCR 463

Federalism/Pith & Substance test:
** 1. What’s the matter or the mischief that the legislation is intended to respond to (pith and substance)?
** 2. What is the purpose and effect of the legislation?
** 3. What is the scope of the applicable heads of power (ss. 91 and 92 of the Constitution Act 1867)?

Reference re Secession of Quebec, [1998] 2 SCR 217

There are unwritten constitutional principles:
• 1. Federalism
• 2. Democracy
• 3. Constitutionalism and Rule of law
• 4. Respect for minorities