Fall 2018 1c

olidude3121

This question asks the possibility of replacing all private and provincial automobile insurers by a single crown corporation. I know that this is ultra-vires (with respect to the federal government) but my reasoning was referencing "Citizens Ins v. Parsons" where the federal government has the right to regulate INTRA-provincial trade (not inter/within). Is my understanding wrong?

graham

I think Citizen's vs Parsons demonstrates the point just as well as the Insurance Reference Case. I can't say for sure what the graders would accept but it seems perfectly reasonable to me. I was a little surprised that the second sample answer didn't reference a legal precedent at all, especially when further down they said a common mistake was not referencing a legal precedent.

suomi

I thought the federal government has the right to regulate inter-provincial trade, not intra-provincial trade, the opposite of what olidude3121 commented in his post, please confirm which is true, thanks you.

graham

You are correct @suomi. My eye glossed right over "intra" and I read it as "inter". The correct statement is as you said:

• " the federal government has the right to regulate inter-provincial trade, not intra-provincial trade..."