Ace the NCA Canadian Constitutional Law Exam 2025 – Chart Your Course to Legal Greatness!

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What was the outcome of the Insurance Reference 1916 regarding national insurance law?

Upheld federal legislation

Declared national insurance law unconstitutional

The outcome of the Insurance Reference in 1916 was significant as it declared that national insurance law was unconstitutional. This decision arose from the context of Canada’s division of powers between federal and provincial jurisdictions. The Supreme Court of Canada ruled that the federal government did not hold the authority to legislate on the matter of insurance, which was deemed a subject more appropriately managed by the provinces under section 92 of the British North America Act.

This ruling illustrated the limits of federal legislative power and reinforced the importance of provincial sovereignty in regulating local matters, such as insurance. The court's decision effectively meant that the federal government's attempt to establish a national insurance scheme overstepped its constitutional boundaries, leading to the invalidation of the specific federal legislation in question.

The framework established by this reference has had a lasting impact on the interpretation of federalism in Canada, shaping how powers are delineated and exercised at different governmental levels. The ruling also influenced subsequent discussions about the scope of federal legislative authority, particularly in areas that can be considered more closely related to local or provincial interests.

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Allowed provinces to regulate national insurance

Struck down whole federal insurance legislation

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