a revenue for provincial purposes: see Bank of Toronto v. Lambe,
 J.C.J. No. 1, 12 App. Cas. 575 (P.C.), at pp. 584-85
 It submits, however, that the purpose and scheme of the
TTA dictates that a demand for security under s. 12(2) must be
intended as security for taxes that are payable on the consumption of the tobacco in question. Since 95 per cent of the tobacco
produced by the appellant is for export, and since a manufacturer
is not required to collect taxes on exported tobacco, it cannot
be required to provide security in relation to tobacco intended for
export. The appellant says that interpreting the legislation as
applicable to tobacco manufactured for export has the effect of
imposing an unconstitutional indirect tax on a manufacturer
and is ultra vires the province.
 The minister, on the other hand, argues that the demand
for security is not itself a tax. Rather, as the Divisional Court
found, the legislature intended that security would be provided
to secure against loss to the public purse as a result of the diversion of tobacco from non-taxable markets into the domestic (
taxable) market. In addition, it provides security for taxes,
penalties or interest payable in the event of the appellant’s
breach of its obligations under the TTA.
 In order to address these submissions, I will begin with
a review of the applicable constitutional framework, as well as
the pertinent constitutional principles.
(1) The constitutional framework
 Parliament’s exclusive legislative jurisdiction, defined in
s. 91 of the Constitution Act, 1867, 30 & 31 Vict., c. 3 includes
(2) the regulation of trade and commerce; (3) the raising of
money by any mode or system of taxation; and (24) Indians, and
lands reserved for the Indians.
 Section 92 gives the provinces exclusive jurisdiction to
make laws in relation to matters coming within specified classes
of subjects, including (2) direct taxation within the province
in order to the raising of a revenue for provincial purposes; and
(15) the imposition of punishment by fine, penalty, or imprisonment for enforcing any law of the province made in relation to
any matter coming within any of the classes of subjects enumerated in s. 92.
(2) Applicable constitutional principles
 The parties refer to three principles of constitutional
law: (a) the search for the “pith and substance” of the legislation;