(New Brunswick) The defendant had been convicted of unlawfully selling intoxicating Licquor contrary to the 1878 Act. He challenged his conviction saying that the Act had been outwith the powers of the Parliament of Canada as provided for by the 1867 Act. Held: The Court discussed the ‘true nature and character’ of a statute. Where … Continue reading Charles Russell v The Queen: PC 23 Jun 1882
The plaintiffs as representatives of the Indian Tribes of Canada sought declarations that the 1982 Act which provided for the independence of Canada was invalid. They appealed the strike out of their claims, saying that they had not been consulted as required, and that the Act would prejudice their interests. It was said that a … Continue reading Manuel and Others v HM Attorney General: CA 30 Jul 1982
Assemply’s Power to Enact for Referendum The Board heard a referral from the Manitoba government to the Court of King’s Bench for a ruling upon the question of whether the Manitoba Legislative Assembly had jurisdiction to enact a referendum act. Mathers CJ had decided that the legislature had such authority. The Court of Appeal overturned … Continue reading Re the Initiative and Referendum Act: PC 1919
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Abolition of civil appeals from Canada. The Board, in referring to the Canadian Constitution said of the 1867 Act that: ‘To such an organic statute, the Canadian Constitution the flexible interpretation must be given that changing circumstances require.’ Judges: Viscount Jowitt Citations: [1947] AC 127 Statutes: Statute of Westminster 1931 2 83, British North America … Continue reading Attorney-General for Ontario v Attorney-General for Canada: PC 1947
The plaintiffs were Indian Chiefs from Canada. They complained that the 1982 Act which granted independence to Canada, had been passed without their consent, which they said was required. They feared the loss of rights embedded by historical treaties. The Attorney General sought the strike out of the claims. Held: The application for a strike … Continue reading Manuel and Others v Attorney-General; Noltcho and Others v Attorney-General: ChD 7 May 1982
An entity which is constituted in such a way that its purpose is to assist, promote and advance the industrial development, prosperity and economic welfare of the area in which it operates, can be seen as effectively carrying out government policy in the way that a government department does and therefore to assume the position … Continue reading Mellenger v New Brunswick Development Corporation: CA 1971
