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Pith & substance

 

Pith & substance

The phrase "pith and substance" is a legal phrase used in Canadian law to describe the core meaning or purpose of a piece of legislation. More generally, it is an interpretive doctrine used in constitutional law in reference to cases debating what juristiction a particular legislation falls under.

Several Supreme Court of Canada cases deal with "pith and substance". In 2000, the Supreme Court Firearms Act Reference dealt with idenifying the pith and substance of a new gun control law, trying to determine whether the core of the act was dealing public safety which fall under criminal law, hence a Federal issue; or civil law and property law, hence a provincal issue.

Other cases dealing with "pith and substance" include:

  • Boggs v. R
  • Labatt Beweries of Canada Ltd. v. A. G. Canada
  • Margarine case
  • Switzman v. Elbling
  • Westendorp v. R


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