May 29, 1935 (17th Parliament, 6th Session)


Hugh Guthrie (Minister of Justice and Attorney General of Canada)

Conservative (1867-1942)


-in a particular area than elsewhere for the purpose of destroying competition or eliminating a competitor and selling at unreasonably low prices for a similar purpose. I think the court would hold that parliament genuinely determined that the commercial activities described in these subsections were to be suppressed in the public interest and would maintain the validity of the subsections. I am of opinion that the court would treat these subsections as separable. If the provisions of section 6 were embodied in three sections, they would clearly be separable and I can see no reason for making a distinction because they are in subsections. While the second and third subsections might not as between themselves be separable, they are I think separable from the first subsection.
I am sorry that I did not bring Mr. Geoffrion's opinion; I brought two of Mr. Tilley's, but Mr. Geoffrion's opinion is to the same effect. He also casts doubt on the same portions of these sections. I point out that neither of these learned counsel gives an opinion that the sections are invalid but at most that they are doubtful.

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