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The Queen v Klassen (1960), 20 DLR (2d) 406 (Man CA)

Facts:

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

Issue(s):

Was s.45 of the Canadian Wheat Act ultra vires fed jurisdiction wrt to feed mills?

Ratio:

The Federal government can regulate an entire industry in order to regulate the extra-provincial/export portion of the industry

Analysis:

s.16 of act is necessary and incidental in the control of the export of grain

Holding:

The law is intra vires


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