Fort Frances Pulp and Paper v. Manitoba Free Press
Encyclopedia
Fort Frances Pulp and Paper Co. v. Manitoba Free Press Co. [1923] A.C. 695 (P.C.) is a famous Canadian Constitutional decision of the Judicial Committee of the Privy Council
on the "emergency doctrine" of the peace, order and good government
power in the Constitution Act, 1867
. The Council upheld a war-time price control scheme, enacted under the War Measures Act
, despite the war having already ended.
power.
Manitoba Free Press, a Winnipeg newspaper publisher, regularly purchased paper from Fort Frances Pulp and Paper at a price set by the price control scheme. Fort Frances attempted to raise their prices but Manitoba Free Press brought an action against them for violation of the price scheme. Fort Frances argued that the price scheme was unconstitutional. The government argued that they had the constitutional authority to do so under the "Peace, Order, and Good Government" power which allowed the federal government to make laws related to national emergencies.
The issue before the Council was whether the federal government had power to control prices under the "emergency doctrine" and if so for how long.
which it had to decide, in over-ruling the decision of the Government that exceptional measures were still requisite."
This decision, like many others of its time, completely ignored the "national concern" doctrine established earlier in Russell v. The Queen
.
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...
on the "emergency doctrine" of 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...
power in 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...
. The Council upheld a war-time price control scheme, enacted under the War Measures Act
War Measures Act
The War Measures Act was a Canadian statute that allowed the government to assume sweeping emergency powers in the event of "war, invasion or insurrection, real or apprehended"...
, despite the war having already ended.
Background
During the First World War the federal government of Canada maintained strict control on the price of goods including newsprint. Typically, the pricing of goods are in the exclusive jurisdiction of the provincial government under the property and civil rightsProperty 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.
Manitoba Free Press, a Winnipeg newspaper publisher, regularly purchased paper from Fort Frances Pulp and Paper at a price set by the price control scheme. Fort Frances attempted to raise their prices but Manitoba Free Press brought an action against them for violation of the price scheme. Fort Frances argued that the price scheme was unconstitutional. The government argued that they had the constitutional authority to do so under the "Peace, Order, and Good Government" power which allowed the federal government to make laws related to national emergencies.
The issue before the Council was whether the federal government had power to control prices under the "emergency doctrine" and if so for how long.
Opinion of the Council
The Council held that it was not in their power to determine if there was a "national emergency", it is entirely in the authority of Parliament to determine the existence of a national authority. An emergency is determined by common sense, thus World War I was clearly a "national emergency" and was sufficient reason to invoke the "emergency doctrine". Nonetheless, the Council noted, any use of the emergency power must be temporary. However, it was for the federal government to decide when the state of emergency was over, and as such, "very clear evidence that the crisis had wholly passed away would be required to justify the judiciary, even when the question raised was one of ultra viresUltra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
which it had to decide, in over-ruling the decision of the Government that exceptional measures were still requisite."
This decision, like many others of its time, completely ignored the "national concern" doctrine established earlier in Russell v. The Queen
Russell v. The Queen
Russell v. The Queen is a landmark Privy Council decision regarding the interpretation of the Canadian Constitution Act, 1867, and was one of the first cases explaining the interpretation of peace, order and good government....
.