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Section 5(3) of The Education and Hospitalization Tax Act, R.S.S. 1953, c. 61, the Act considered in Cairns, required persons in such a situation to deposit with the vendor an amount equal to the tax otherwise payable under the Act.  ...

As the Lord Chancellor stated in Brophy, supra, at p. 214, these minority communities   regarded it as essential that the education of their children should be in accordance with the teaching of their Church, and considered that such an education could not be obtained in public schools designed for all the members of the community alike, whatever their creed, but could only be secured in schools conducted under the influence and guidance of the authorities of their Church.   ...

Thus, the Federal Court of Appeal concluded that all three parts of the ITO test are met and the Federal Court has jurisdiction. [23]                           During oral argument the Federal Court of Appeal raised an additional issue which had not been considered by Shore J. at first instance: whether the Federal Court has the remedial power, when the ITO test is met, to declare a law inapplicable by the constitutional doctrine of interjurisdictional immunity or inoperative by the doctrine of paramountcy. ...

T-2, and s. 18.5 of the FCA). [22]                           Rennie J.A. considered the true essence of Iris’ application for judicial review. ...