Prosecution under Canadian Wheat Board Act – s.16(1) prohibited delivery of grain to a grain elevator unless done by its producer, and only a certain quantity. K was charged with failing to record some deliveries.
**At trial it was found as fact that the accused had not been engaged in interprovincial or export trade personally, nor have the products been used in that manner
**Convicted at trial; appeal dismissed and leave to appeal to SCC was denied
Was s.45 of the Canadian Wheat Act ultra vires fed jurisdiction wrt to feed mills?
The Federal government can regulate an entire industry in order to regulate the extra-provincial/export portion of the industry
s.16 of act is necessary and incidental in the control of the export of grain
The law is intra vires