What does "pith and substance" refer to in legislative law?

The term "pith and substance" refers specifically to the true nature and purpose behind a law. In Canadian constitutional law, this concept is fundamental in determining whether a law falls within the jurisdiction of a particular level of government, such as federal or provincial. Courts often employ the pith and substance test to analyze the essence of a legislative provision to ascertain if it is constitutionally valid and aligns with the broader legislative powers granted under the Constitution Act.

By assessing the underlying intent and objective of the law, the judiciary can evaluate its implications and the extent to which it operates within the boundaries set by the Constitution. This principle helps to clarify cases where the language of a statute may be ambiguous or where its effects might overlap with the jurisdictions of different governmental levels. The focus on the true nature and purpose ensures that a law is interpreted in a way that reflects its intended impact rather than merely its technical wording or superficial characteristics.