Earlier today, the SCC issued its long awaited ruling on the constitutionality of several sections of the Assisted Human Reproduction Act, Canada's assisted reproduction and related research legislation. The principal issue in the case was whether the impugned provisions exceed Parliament's legislative authority. The case is a feds appeal from a Quebec Court of Appeal judgment which struck down the provisions for being an intrusion into matters within provincial legislative authority. The SCC decision was a 4/4/1 split, with Justice Cromwell casting the deciding vote to allow the appeal in part, and affirm the Quebec Court of Appeal decision in part.
Below is my diagrammatic representation of how the two opposing judgments dealt with the legislative overreach analysis. Before reviewing each one, try guessing at first glance which of them 1Ls will find more accessible.
