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  • POGG accounts for 3 out of 736 casebriefs.

Style of causeRatio

Reference re Validity of Section 5 (a) Dairy Industry Act ("Margarine Reference"), [1949] SCR 1

Three part test to determine the validity of a criminal law provision:
** 1. The law must be a prohibition
** 2. The law must carry with it a penalty (penal sanction)
** 3. The law must be for a typical criminal purpose -- in this case: in relation to “public peace, order, security, health, and morality” (which requires knowing the pith and substance of the impugned law)

Russell v The Queen (New Brunswick) [1882] UKPC 33

Law regarding control of the sale of alcohol does not fit under any of the provincial head of jurisdiction – we are not told which specific head this falls under for the feds. However, prohibition likely falls under the federal residual power under Peace. Order and Good Governance (POGG).