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Constitution - Practice. Biogenie Canada Inc. c. Canada (Food Inspection Agency)
In Biogenie Canada Inc. c. Canada (Food Inspection Agency) (Fed CA, 2025) the Federal Court of Appeal dismissed an appeal, here from an order "dismissing the appellant’s application for judicial review of the seizure and detention of two soil products (Englobe Environment Inc. v. Canada (Canadian Food Inspection Agency)".
The court, while considering whether to decide an alternative constitutional vires argument (here, criminal power) at all, notes preferred conservative judicial practice in this regard:[60] Given my finding that the concurrent jurisdiction of both levels of government over agriculture authorized Parliament to enact section 3.1 of the Act, I am of the opinion that it is not necessary to answer this question. In constitutional matters, the courts should not decide issues that need not be resolved to dispose of the case: see, for example, Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territoires (Education, Culture and Employment), 2023 SCC 31 at para. 108, and R. v. McGregor, 2023 SCC 4 at para. 24, and the cases cited therein. I will therefore refrain from expressing any opinion on the matter.
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