However, in the Supreme Court of Canada's 2010 decision in Reference Re Assisted Human Reproduction Act the Court struck down these provisions, having found that they were ultra
vires federal jurisdiction.
The company challenged the constitutionality of the legislation, primarily on the grounds that it is ultra
vires federal jurisdiction (outside of powers granted to the federal parliament under the constitution) and that it violated s. 2 (b) of the Charter and could not be saved by s. 1.
Not exact matches
The Supreme Court of Canada has overturned a decision of the Quebec Court of Appeal, which had held that the maternity and parental leave benefit provisions of the Employment Insurance Act were ultra
vires (or beyond the
jurisdiction of) the
federal government.
Federal jurisdiction over Métis and non-status Indians does not mean all provincial legislation re same is inherently ultra
vires.
Strickland et al. v. Canada (Attorney General) 2013 FC 475 Courts —
Federal Court of Canada —
Jurisdiction —
Federal Court — Practice — Judicial review applications — Standing The applicants applied for judicial review, seeking to have the
Federal Child Support Guidelines declared ultra
vires the Divorce Act.