Provincial Secretary of Prince Edward Island v. Egan
Encyclopedia
Provincial Secretary of Prince Edward Island v. Egan, [1941] S.C.R. 396 is a famous constitutional decision of the Supreme Court of Canada
.The Court upheld a provincial Act, which provided that anyone who was convicted of an impaired driving offence under the Criminal Code of Canada
will have their licence suspended, on the basis that the law was in relation to
the regulation of highway safety which is a valid provincial subject.
The case later became central to another key constitutional decision of O'Grady v. Sparling
, [1960] S.C.R. 804.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
.The Court upheld a provincial Act, which provided that anyone who was convicted of an impaired driving offence under the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
will have their licence suspended, on the basis that the law was in relation to
Pith and substance
Pith and substance is a legal doctrine in Canadian constitutional interpretation used to determine under which head of power a given piece of legislation falls...
the regulation of highway safety which is a valid provincial subject.
The case later became central to another key constitutional decision of O'Grady v. Sparling
O'Grady v. Sparling
O'Grady v. Sparling, [1960] S.C.R. 804, was a landmark Supreme Court of Canada decision on the constitutionality of overlapping federal and provincial laws. The Court held that there was no conflict between federal dangerous driving offences, which only prohibited "advertent" negligence and...
, [1960] S.C.R. 804.