Attorney General of Quebec v. Kellogg's Co. of Canada
Encyclopedia
Attorney General of Quebec v. Kellogg’s Co. of Canada, [1978] 2 S.C.R. 211 is a leading constitutional decision of the Supreme Court of Canada
on the pre-Charter right to freedom of expression. The Quebec Consumer Protection Act, which prohibited advertising to children through cartoons, was challenged on the basis that it affected TV stations across the country. The Court held that the regulation of advertising is a matter within the authority of the province, and that the Act was valid law under the Property and Civil Rights
power allocated to the province under section 92(13) of the Constitution Act, 1867
.
found that the pith and substance
of the legislation was the regulation of advertising which he identified as a matter allocated to the provincial government under the property and civil rights
power. He noted that the regulation of advertising and was also part of a larger provincial scheme of regulating business practices, all of which fell within the purview of the provincial government. The encroachment upon the regulation of broadcasting was found to only be incidental to the primary subject of advertising, and so was valid.
Chief Justice Laskin
, in dissent, disagreed with Martland and argued that the regulation must be read down to exclude the regulation of expression. He pointed out how in McKay v. The Queen
(1965) the provincial law regulating signs was read down to exclude the regulation of federal voting signs. Likewise, in Johannesson v. West St. Paul
(1952) a provincial law that regulated the zoning of aerodromes was not valid as it encroached on federal power to regulate air transportation.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
on the pre-Charter right to freedom of expression. The Quebec Consumer Protection Act, which prohibited advertising to children through cartoons, was challenged on the basis that it affected TV stations across the country. The Court held that the regulation of advertising is a matter within the authority of the province, and that the Act was valid law under the Property and Civil Rights
Property and civil rights
In Canadian constitutional law, section 92 of the Constitution Act, 1867 provides the provincial government with the exclusive authority to legislate on matters related to property and civil rights in the Province. Note that civil rights in this context is different from what is understood as civil...
power allocated to the province under section 92(13) of the Constitution Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
.
Reasons of the court
Justice MartlandRonald Martland
Ronald Martland, CC, QC, AOE was a Canadian Justice of the Supreme Court of Canada.Born in Liverpool, England, he was the second Albertan ever to be appointed to the Supreme Court of Canada. Justice Martland attended the University of Alberta and obtained a B.A. in 1926 and an LL.B in 1928...
found that the pith and substance
Pith and substance
Pith and substance is a legal doctrine in Canadian constitutional interpretation used to determine under which head of power a given piece of legislation falls...
of the legislation was the regulation of advertising which he identified as a matter allocated to the provincial government under the property and civil rights
Property and civil rights
In Canadian constitutional law, section 92 of the Constitution Act, 1867 provides the provincial government with the exclusive authority to legislate on matters related to property and civil rights in the Province. Note that civil rights in this context is different from what is understood as civil...
power. He noted that the regulation of advertising and was also part of a larger provincial scheme of regulating business practices, all of which fell within the purview of the provincial government. The encroachment upon the regulation of broadcasting was found to only be incidental to the primary subject of advertising, and so was valid.
Chief Justice Laskin
Bora Laskin
Bora Laskin, PC, CC, FRSC was a Canadian jurist, who served on the Supreme Court of Canada for fourteen years, including a decade as its Chief Justice.-Early life:...
, in dissent, disagreed with Martland and argued that the regulation must be read down to exclude the regulation of expression. He pointed out how in McKay v. The Queen
McKay v. The Queen
McKay v. The Queen, S.C.R. 798 is an early election law decision of the Supreme Court of Canada on the constitutionality of laws that limited the erection of election signs. The Court held that a municipal zoning regulation against signs on residential properties could not include federal election...
(1965) the provincial law regulating signs was read down to exclude the regulation of federal voting signs. Likewise, in Johannesson v. West St. Paul
Johannesson v. West St. Paul
Johannesson v. Rural Municipality West St. Paul [1952] 1 S.C.R. 297 is a leading Supreme Court of Canada decision on the federal jurisdiction over aeronautics...
(1952) a provincial law that regulated the zoning of aerodromes was not valid as it encroached on federal power to regulate air transportation.
See also
- List of Supreme Court of Canada cases (Laskin Court)
- Irwin Toy Ltd. v. Quebec (Attorney General)Irwin Toy Ltd. v. Quebec (Attorney General)Irwin Toy Ltd. v. Quebec , [1989] 1 S.C.R. 927 is a landmark Supreme Court of Canada decision on freedom of expression in section 2 of the Canadian Charter of Rights and Freedoms...