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Justice Locke explained that because Clause 16 exempted the listed properties only to the extent that they were used for the construction and working of the railway, it would contravene Clause 16 to permit taxation upon the owner of those properties in respect of their use to operate the railway (Saskatchewan Reference SCC at 246-247). ... First, viewed narrowly, the two courts held that where a clause exempts certain property required for a particular purpose forever from taxation, and the government imposes a tax on the owner of that property computed by direct reference the property for this purpose, the tax would contravene the Exemption. [603] Second, viewed broadly, the Saskatchewan References held that a clause which exempts certain physical property from taxation (in that case stations and station grounds, buildings, and other property) required for a particular purpose (the construction and working of the Main Line) also exempts those properties from taxes imposed on the use of those specific properties. [604] I remain unpersuaded, however, that either a broad or narrow reading of the Saskatchewan References assists the Plaintiff here. ...

Second, if the SOG received by the appellant does fall within the meaning of that paragraph, the appellant argues that the decision of CCRA to include the grant amount into his income contravenes s. 15(1) of the Charter based on a physical disability and that this infringement is not a reasonable limit envisaged under s. 1. [30]     Although counsel argued the merits of both issues in the course of their respective submissions, at this point I will deal with the first issue- whether inclusion of the SOG amount into income is required under paragraph 56(1)(n) of the Act- and will refer to those portions of the arguments- together with the relevant jurisprudence- related to this question. [31]     Counsel referred to the testimony of Professor Philipps in which she noted there is no definition of "income" contained in the Act and that in the usual sense a payment must be tied to a source producing a regular stream of income. ...

In his opinion, [TRANSLATION] "private law is exclusively a matter for the provincial legislature in Quebec" (p. 1002) and since the codification [TRANSLATION] "neither Quebec private law nor English private law can be applied:  the first because it contravenes art. 356 C.C.L.C. and the second because it is precluded by the Quebec Act" (p. 997).  ...

It is therefore convenient, before addressing the Morgentaler issue, to determine whether their equality rights have been infringed and if so whether the source of the problem is the Customs legislation itself, as the appellants contend, or whether the problem described by the trial judge resulted from the unconstitutional conduct of Customs officials exercising powers under constitutional legislation.   109             The appellants argue that the legislative scheme operates with disproportionate and discriminatory effects on the gay and lesbian community and therefore contravenes s. 15(1)   and is to that extent null and void.   110             A number of recent decisions in this Court have emphasized a “purposive” interpretation of s. 15(1)   equality rights:  Law v. ...