In an Effort to Protect Its Dairy Industry, a Provincial

question 46

Multiple Choice

In an effort to protect its dairy industry, a provincial government passed a law that prohibits the importation or manufacture of soy milk.If a soy milk company challenges that statute on constitutional grounds, what would a court likely say?

• A)Because property rights are protected by the Charter, the statute is constitutionally invalid.
• B)Inter-provincial trade is an issue that provinces are entitled to decide for themselves.
• C)The federal government has jurisdiction over international trade but not over inter-provincial trade.
• D)The statute is entirely ultra vires because federal jurisdiction over international and inter-provincial trade extends to every issue that is related to trade, including the manufacture or production of soy milk.
• E)The statute is at least partially intra vires because provinces have the authority to regulate the production or manufacture of things like soy milk within the province, but the law may be constitutionally ultra vires because it interferes with the federal jurisdiction over inter-provincial trade, or mobility rights under the Charter.

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Definitions:

Free On Board

A shipping term indicating that the seller bears the shipping costs and risk of loss until the goods reach the buyer’s specified location.

Origin Pricing

Pricing strategy based on the geographical location of a product's origin, considering the costs of transportation and tariffs.

Transportation Costs

Expenses associated with moving goods or services from one location to another, including fuel, labor, and maintenance.

FOB Origin Pricing

The “free on board” (FOB) price the seller quotes that includes only the cost of loading the product onto the vehicle and specifies the name of the location where the loading is to occur (seller’s factory or warehouse).