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  • national concern accounts for 3 out of 812 casebriefs.

Style of causeRatio

Ontario (Attorney General) v Canada Temperance Federation, [1946] AC 193, 2 DLR 1 (JCPC)

Foundation for the national concern branch of POGG: Need for national law that "[c]annot realistically be satisfied by cooperation of provinces because failure of one province would carry with it adverse consequences for residents in other provinces."

R v Crown Zellerbach Canada Ltd, [1988] 1 SCR 401

National Concern doctrine is separate and distinct from Emergency doctrine of POGG
*Emergency Branch provides a basis for what is necessarily legislation of a temporary nature
*National concern doctrine applies to both new matters and to which matters, although originally of a local or private nature in a province, have since, in the absence of a national emergency, become matters of a national concern

Test for a matter to qualify as a matter of national concern: matter of national concern that has singleness, distinctiveness or indivisibility that distinguishes it from matter s of a prov nature
**In determining above it is relevant to consider what would be the effect on extra-provincial interests of a prov failure to deal effectively w/ the control or reg of the intra-prov aspects of the matter – Provincial Inability Test