Johannesson v. West St. Paul
Encyclopedia
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
. This was also the first Supreme Court case to analyze the peace, order and good government
provision of the Constitution and was the beginning of its modern interpretation.
in order to build a landing strip. The neighbourhood brought an action against him to prevent him from building the strip on the basis that it violated a new, specially-enacted municipal law that regulated the building of aerodromes.
In examining the test set out in Ontario v. Canada Temperance Federation, the Court found that the matter went "beyond local or provincial concern or interests and must from its inherent nature be the concern of the Dominion as a whole".
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...
decision on the federal jurisdiction over aeronautics
Aeronautics
Aeronautics is the science involved with the study, design, and manufacturing of airflight-capable machines, or the techniques of operating aircraft and rocketry within the atmosphere...
. This was also the first Supreme Court case to analyze 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...
provision of the Constitution and was the beginning of its modern interpretation.
Background
Konnie Johannesson bought a plot of land near the Red RiverRed River of the North
The Red River is a North American river. Originating at the confluence of the Bois de Sioux and Otter Tail rivers in the United States, it flows northward through the Red River Valley and forms the border between the U.S. states of Minnesota and North Dakota before continuing into Manitoba, Canada...
in order to build a landing strip. The neighbourhood brought an action against him to prevent him from building the strip on the basis that it violated a new, specially-enacted municipal law that regulated the building of aerodromes.
Opinion of the Court
The majority held that aeronautics was a distinctive matter of national importance and so should with within the exclusive jurisdiction of the federal government under the "peace, order, and good government" power.In examining the test set out in Ontario v. Canada Temperance Federation, the Court found that the matter went "beyond local or provincial concern or interests and must from its inherent nature be the concern of the Dominion as a whole".