Canada v. Alberta
Encyclopedia
In re the Board of Commerce Act, 1919, and the Combines and Fair Prices Act, 1919 [1922] 1 A.C. 191 - commonly known as the Board of Commerce case - is a Canadian constitutional decision of the Judicial Committee of the Privy Council
where the "emergency" doctrine under the peace, order and good government
(p.o.g.g.) power was first created.
Lord Haldane, for the Council, found that Combines and Fair Prices Act enacted by the federal government, which prevented the hoarding of "necessaries of life", was outside their jurisdiction as it could not be justified under any enumerated federal power or the p.o.g.g. power. Haldane rejected p.o.g.g. on the basis that it should be used only in circumstances "such as those of war or famine [where] the peace, order, and good Government of the Dominion might be imperilled under conditions so exceptional that they require legislation of a character in reality beyond anything provided for by the enumerated heads in either section 92 or section 91 itself".
Haldane also provided the first definition of the criminal law power under section 91(27) of the Constitution Act, 1867. He stated the power would apply "where the subject matter is one which by its very nature belongs to the domain of criminal jurisprudence." This definition, however, would later be overturned by Lord Atkin in Proprietary Articles Trade Association v. Attorney General of Canada
, [1931] A.C. 310 (P.C.).
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
where the "emergency" doctrine under the peace, order and good government
Peace, order and good government
In many Commonwealth jurisdictions, the phrase "peace, order and good government" is an expression used in law to express the legitimate objects of legislative powers conferred by statute...
(p.o.g.g.) power was first created.
Lord Haldane, for the Council, found that Combines and Fair Prices Act enacted by the federal government, which prevented the hoarding of "necessaries of life", was outside their jurisdiction as it could not be justified under any enumerated federal power or the p.o.g.g. power. Haldane rejected p.o.g.g. on the basis that it should be used only in circumstances "such as those of war or famine [where] the peace, order, and good Government of the Dominion might be imperilled under conditions so exceptional that they require legislation of a character in reality beyond anything provided for by the enumerated heads in either section 92 or section 91 itself".
Haldane also provided the first definition of the criminal law power under section 91(27) of the Constitution Act, 1867. He stated the power would apply "where the subject matter is one which by its very nature belongs to the domain of criminal jurisprudence." This definition, however, would later be overturned by Lord Atkin in Proprietary Articles Trade Association v. Attorney General of Canada
Proprietary Articles Trade Association v. Attorney General of Canada
Proprietary Articles Trade Association v. Attorney General of Canada, [1931] A.C. 310 is a famous Canadian constitutional decision of the Judicial Committee of the Privy Council on the Constitution's criminal law power under section 91....
, [1931] A.C. 310 (P.C.).