Insite: Right Answer, Wrong Question

Gillian Calder, "Insite: Right Answer, Wrong Question" (2011) 19:3 Constitutional Forum 113.

5 Pages Posted: 23 Aug 2014

See all articles by Gillian Calder

Gillian Calder

University of Victoria - Faculty of Law

Date Written: August 22, 2014

Abstract

I. The Wrong Question

I have entitled my five-minute comment: "Insite: Right Answer, Wrong Question." (1) The focus of my comments is on the division-of-powers approach used in the reasoning of Justice Huddart of the British Columbia Court of Appeal. Although asked to determine whether the legislative regime at issue was enacted validly, that is, whether it was either federal or provincial -- the question that she wanted to answer, and did answer, was whether the matter should be federal or provincial. My reading of the majority reasons is that Justice Huddart (with Justice Rowles concurring) used the doctrine of interjurisdictional immunity ("IJI") to reach the conclusion that she deemed to be the just outcome -- that "the supervision of self-injections of illegally-possessed drugs in a provincially authorized and supported health care facility is dictated by the public interest in health care" (2) and thus falls exclusively within provincial jurisdiction.

Keywords: Federal jurisdiction, Federalism, Laws, regulations and rules, Delegation of powers

Suggested Citation

Calder, Gillian, Insite: Right Answer, Wrong Question (August 22, 2014). Gillian Calder, "Insite: Right Answer, Wrong Question" (2011) 19:3 Constitutional Forum 113., Available at SSRN: https://ssrn.com/abstract=2485382

Gillian Calder (Contact Author)

University of Victoria - Faculty of Law ( email )

PO Box 1700, STN CSC
McGill at Ring Rds (Fraser Bldg)
Victoria, British Columbia V8W 2Y2
Canada

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
11
Abstract Views
245
PlumX Metrics