Pith and Substance

Purpose and Effect

Double Aspect

The doctrine of Double Aspect says that a law may possess more than one "matter" that may be enumerated in both section 91 and 92. The doctrine originates from the Privy Council decision of Hodge v. The Queen (1883) where the court stated that "subjects which in one aspect and for one purpose fall within s.92, may in another aspect and for another purpose fall within s.91". In applying the doctrine, it should be in situations where the importance of one matter should not be significantly larger than the other. In effect, the doctrine removes the need for courts to split hairs to determine which head of power should be assigned a particular law.

Colourability

Concurrent jurisdiction

Ancilliary effects

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