Canadian Western Bank, Bank of Montreal, Canadian Imperial Bank of Commerce, HSBC Bank Canada, National Bank of Canada, Royal Bank of Canada, Bank of Nova Scotia and Toronto‑Dominion Bank v. Her Majesty The Queen in Right of Alberta
Citations
2007 SCC 22, [2007] 2 S.C.R. 3
Docket No.
30823 [1]
Prior history
Judgment for the Crown in the Court of Appeal for Alberta.
Ruling
Appeal dismissed.
Holding
If the pith and substance of the legislation falls under that legislative branch's legislative powers, then incidental effects outside of that dominant purpose does not affect the legislation's constitutionality. The fact that Parliament allows a federally regulated institution to do business that is regulated by the province does not mean that the institution is immune from the provincial regulation over that business.
Court membership
Chief Justice: Beverley McLachlin Puisne Justices: Michel Bastarache, Ian Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron, Marshall Rothstein
Reasons given
Majority
Binnie and LeBel JJ. (paras. 1-110), joined by McLachlin C.J. and Fish, Abella and Charron JJ.
Concurrence
Bastarache J. (paras. 111-129)
Deschamps and Rothstein JJ. took no part in the consideration or decision of the case.
Canadian Western Bank v Alberta [2007] 2 S.C.R. 3 is a landmark decision in Canadian constitutional law by the Supreme Court of Canada (SCC) relating to the division of powers between Federal and Provincial legislative bodies.
^SCC Case Information - Docket 30823 Supreme Court of Canada
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