Interprovincial Cooperatives v. The Queen
Encyclopedia
Interprovincial Cooperatives v. The Queen (1975), [1976] 1 S.C.R. 477 (also called Interprovincial Co-Operatives Ltd. v. Dryden Chemicals Ltd.) is a leading decision of the Supreme Court of Canada
on the constitutional limits of provincial powers.
Manitoba had enacted a law that granted individuals resident in the province who were harmed by river pollution originating from Saskatchewan and Ontario a right of action to sue the polluting companies based outside of the province.
Justice Ritchie, writing for the Court, held that such a statutory right of action was outside of their constitutional power to enact legislation related to property and civil rights
within the province under section 92(16) of the Constitution Act, 1867
. The pollutant companies were properly licensed by the provincial governments of Ontario and Saskatchewan and could not be disrupted by Manitoba.
In a concurring reason by Justice Pigeon, he argued that the licence was not relevant but rather the fact that the polluting act occurred outside of Manitoba is enough to be outside the province's authority.
Chief Justice Laskin, in dissent, argued that the legislation was valid on the basis that it was intended to redress harm done within the province and that the extraterritorial effect was only ancillary to the main purpose.
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 constitutional limits of provincial powers.
Manitoba had enacted a law that granted individuals resident in the province who were harmed by river pollution originating from Saskatchewan and Ontario a right of action to sue the polluting companies based outside of the province.
Justice Ritchie, writing for the Court, held that such a statutory right of action was outside of their constitutional power to enact legislation related to 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...
within the province under section 92(16) 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...
. The pollutant companies were properly licensed by the provincial governments of Ontario and Saskatchewan and could not be disrupted by Manitoba.
In a concurring reason by Justice Pigeon, he argued that the licence was not relevant but rather the fact that the polluting act occurred outside of Manitoba is enough to be outside the province's authority.
Chief Justice Laskin, in dissent, argued that the legislation was valid on the basis that it was intended to redress harm done within the province and that the extraterritorial effect was only ancillary to the main purpose.