List of Judicial Committee of the Privy Council cases
Encyclopedia
This list is of all major cases decided by the Judicial Committee of the Privy Council
. These include appeal from the following countries:
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...
. These include appeal from the following countries:
- AustraliaAustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
(until 1986) - CanadaCanadaCanada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
(Civil case until 1949; criminal until 1933) - Most CaribbeanCaribbeanThe Caribbean is a crescent-shaped group of islands more than 2,000 miles long separating the Gulf of Mexico and the Caribbean Sea, to the west and south, from the Atlantic Ocean, to the east and north...
countries - Malaysia (until 1985)
- New ZealandNew ZealandNew Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
(until 2003) - SingaporeSingaporeSingapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
(until 1994) - Hong KongHong KongHong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
(until 1997)
1833–1899
| Case name | | Citation | | Subject |
|---|---|---|
| Maher v. Town Council of Portland Maher v. Town Council of Portland In Maher v. Town Council of Portland, the Judicial Committee of the Privy Council held that although funding for certain denominational schools in New Brunswick had been publicly supported in the past, there was no law guaranteeing it. Therefore, the Privy Council ruled, the government of New... (New Brunswick New Brunswick New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area... , Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
(1875) | |
| Guibord Affair case (Quebec Quebec Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level.... , Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
(1875) | |
| Citizen's Insurance Co. v. Parsons Citizen's Insurance Co. v. Parsons Citizen's Insurance Company of Canada v. Parsons , 7 App. Cas. 96 is a major Canadian constitutional case decided by the Judicial Committee of the Privy Council... (Ontario Ontario Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa.... , Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
(1880) | Trade and Commerce clause of Constitution |
| 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.... (New Brunswick New Brunswick New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area... , Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
(1882) App. Cas. 829 | first 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... case |
| McLaren v. Caldwell McLaren v. Caldwell McLaren v. Caldwell 9 A.C. 392 was a landmark decision of the Judicial Committee of the Privy Council that upheld upheld Ontario Premier Oliver Mowat's Rivers and Streams Act, which prevented private ownership of streams and rivers in the province, and which was sharply opposed by prime minister... (Ontario Ontario Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa.... , Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
(1883) | re. powers Canadian government |
| Hodge v. the Queen Hodge v. The Queen Hodge v. The Queen 9 App Cas 117 is a famous Privy Council decision on interpreting the Constitution of Canada. This was the first time the doctrine of double aspect was applied to division of powers analysis.... |
(1883) | double aspect doctrine of Constitution |
| The Trustees, Executor and Agency Co. v. Short | (1888) 58 L.J.P.C. 4 | |
| St. Catherines Milling & Lumber Co. v. The Queen (Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
(1888), 14 App. Cas. 46 | aboriginal rights |
| 1888 - suspension of criminal appeals from Canada | ||
| Gibbs v. Messer | (1891) | |
| Liquidators of the Maritime Bank of Canada v. Receiver-General of New Brunswick (New Brunswick New Brunswick New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area... , Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
[1892] A.C. 437 | Canadian provincial sovereignty |
| Makin v. Attorney General for New South Wales Makin v. Attorney General for New South Wales Makin v. Attorney General for New South Wales [1894] AC 57 is a famous decision of the Privy Council where the modern common law rule of similar fact evidence first originated.-Background:... (Australia Australia Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area... ) |
(1894) | evidence Evidence Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth... of similar fact Similar fact evidence In the law of evidence, similar fact evidence establishes the conditions under which factual evidence of past misconduct of accused can be admitted at trial for the purpose of inferring that the accused committed the misconduct at issue.In Canada, the rule is established in R. v... |
| Attorney-General for Ontario v. Attorney-General for the Dominion Attorney-General for Ontario v. Attorney-General for the Dominion Attorney General for Ontario v. Attorney General for the Dominion, and the Distillers and Brewers’ Association of Ontario , [1896] A.C... (Ontario Ontario Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa.... , Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
[1896] AC 348 | national concern doctrine of Canadian constitution |
| Union Colliery Co. of British Columbia v. Bryden Union Colliery Co. of British Columbia v. Bryden Union Colliery Co. of British Columbia v. Bryden, [1899] A.C. 580 is a famous Canadian constitutional decision of the Judicial Committee of the Privy Council where the exclusivity principle in Canadian federalism and pith and substance analysis was first articulated.Bryden was a shareholder in... (British Columbia British Columbia British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858... , Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
[1899] A.C. 580 | |
1900 - 2000
| Case name | | Citation | | Subject |
|---|---|---|
| Cunningham v. Homma Cunningham v. Homma Cunningham v. Homma [1903] A.C. 151, C.C.S. 45, is a famous decision of the Judicial Committee of the Privy Council that upheld a British Columbia law that prohibited Chinese Canadians from voting.... (British Columbia British Columbia British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858... , Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
[1903] A.C. 151 | Law preventing Japanese vote found valid; overridden by the Canadian Citizenship Act 1946 Canadian Citizenship Act 1946 The Canadian Citizenship Act is an Act of the Parliament of Canada, which was enacted June 27, 1946, and came into effect on January 1, 1947, recognizing the definition of a Canadian, including reference to them being British subjects.... |
| Attorney-General for Ontario v. Attorney-General of Canada (Reference Appeal) (Ontario Ontario Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa.... , Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
[1912] A.C. 571 | |
| Royal Bank of Canada v. The King Royal Bank of Canada v. The King Royal Bank of Canada v. The King, [1913] A.C. 212 is a notable Canadian constitutional decision of the Judicial Committee of the Privy Council where the Council limited the province's ability to create laws in relation to extraprovincial contractual rights.The Alberta provincial government passed a... (Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
[1913] A.C. 283 | |
| Canada v. Alberta Canada v. Alberta 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... (Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
[1922] A.C. 191 | Emergency doctrine of Constitution of Canada |
| Fort Frances Pulp and Paper v. Manitoba Free Press Fort Frances Pulp and Paper v. Manitoba Free Press Fort Frances Pulp and Paper Co. v. Manitoba Free Press Co. [1923] A.C. 695 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... (Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
(1923) | |
| Brooks-Bidlake and Whittall Limited v. Attorney-General for British Columbia (Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
[1923] A.C. 450 (P.C.) | |
| Toronto Electric Commissioners v. Snider Toronto Electric Commissioners v. Snider Toronto Electric Commissioners v. Snider, [1925] AC 396 is a famous Canadian constitutional decision of the Judicial Committee of the Privy Council where the Council struck down the federal Industrial Disputes Investigation Act, precursor to the Canada Labour Code... (Ontario Ontario Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa.... , Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
[1925] A.C. 396 | |
| Nadan v. The King (Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
[1926] A.C. 482(PC) | Removal of Canadian appeal to the JCPC held unconstitutional |
| 1926 - allow criminal appeals from Canada | ||
| Edwards v. Canada (Attorney General) Edwards v. Canada (Attorney General) Edwards v. Canada [1930] A.C. 124 – also known as the Persons Case – is a famous Canadian and British constitutional case where it was first decided that women were eligible to sit in the Canadian Senate... (Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
[1930] A.C. 124 | Women's right to sit in the Senate |
| 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.... (Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
[1931] A.C. 310 (P.C.) | |
| In re Regulation and Control of Aeronautics in Canada In re Regulation and Control of Aeronautics in Canada In re the Regulation and Control of Aeronautics in Canada [1932] A.C. 54 is a decision of the Judicial Committee of the Privy Council on the interpretation of the Canadian Constitution... (Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
[1932] A.C. 54 | |
| In re Regulation and Control of Radio Communication in Canada (Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
[1932] A.C. 304 | |
| 1933 - no more criminal appeals from Canada | ||
| British Coal Corporation v. the King British Coal Corporation v. the King British Coal Corporation v. the King [1935] A.C. 500 is a decision of the Judicial Committee of the Privy Council in which the authority of the Canadian Parliament to prohibit appeals to the JCPC in criminal cases was upheld.- Background :... (Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
[1935] A.C. 500 | Upheld authority of Canadian Parliament to abolish appeals to the Privy Council in criminal cases. |
| Attorney-General of Canada v. Attorney-General of Ontario (Labour Conventions) (Ontario Ontario Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa.... , Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
[1937] A.C. 326 | |
| Sifton v. Sifton | [1938] A.C. 656 | Certainty of conditions in a devise |
| Vita Food Products Inc. v. Unus Shipping Co. Ltd. Vita Food Products Inc. v. Unus Shipping Co. Ltd. Vita Food Products Inc. v. Unus Shipping Co. Ltd., [1939] A.C. 277 is a leading conflict of laws decision of the Judicial Committee of the Privy Council on appeal from Nova Scotia. The case stands for the proposition that an express choice of law clause in a contract should be honoured as long as... (Nova Scotia Nova Scotia Nova Scotia is one of Canada's three Maritime provinces and is the most populous province in Atlantic Canada. The name of the province is Latin for "New Scotland," but "Nova Scotia" is the recognized, English-language name of the province. The provincial capital is Halifax. Nova Scotia is the... , Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
[1939] A.C. 277 | An express choice of law clause in a contract should be honoured as long as the agreement was bona fide and not against public policy. |
| Francis, Day & Hunter Ltd. v. Twentieth Century Fox Corp. Francis, Day & Hunter Ltd. v. Twentieth Century Fox Corp. Francis, Day & Hunter Ltd. v. Twentieth Century Fox Corp. [1939] 4 D.L.R. 353 is a leading Judicial Committee of the Privy Council opinion on copyright law... |
[1939] 4 D.L.R. 353 | Copyright in titles |
| Ontario (Attorney General) v. Canada Temperance Federation Ontario (Attorney General) v. Canada Temperance Federation Ontario v. Canada Temperance Federation was a famous Canadian constitutional decision of the Judicial Committee of the Privy Council and was among the first cases to examine the peace, order, and good government power of the Constitution Act, 1867... (Ontario Ontario Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa.... , Canada Canada Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean... ) |
(1946) | Examined the peace, order, and good government power of the Constitution Act, 1867 |
| 1949 - no more civil appeals from Canada | ||
| Subramaniam v Public Prosecutor | [1956] 1 WLR 965 | Hearsay Hearsay Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of... exception |
| Overseas Tankship v Morts Dock & Engineering Co. Ltd. (The Wagon Mound No. 1) (Australia Australia Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area... ) |
[1961] A.C. 388 | Leading authority on remoteness of damage in negligence. |
| Overseas Tankship v Miller Steamship Overseas Tankship v Miller Steamship Overseas Tankship Ltd v The Miller Steamship Co or The Wagon Mound [1967] 1 AC 617 is a landmark tort case, concerning the test for breach of duty of care in negligence... Co. (The Wagon Mound No. 2) (Australia Australia Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area... ) |
[1967] A.C. 617 | Defined remoteness of damages in a nuisance tort action |
| Goldman v Hargrave | [1967] 1 A.C. 645 | |
| The Eurymedon (New Zealand New Zealand New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga... ) |
[1975] A.C. 154 | Conditions of when a third party may seek protection of an exclusion clause in a contract between two parties. |
| Pao On v. Lau Yiu Long Pao On v Lau Yiu Long Pao On v Lau Yiu Long [1979] is an contract law appeal case from the Court of Appeal of Hong Kong decided by the Privy Council, concerning duress.-Facts:... |
[1980] A.C. 614 | |
| Cadbury Schweppes Pty Ltd v. Pub Squash Co Pty Ltd | [1980] 2 N.S.W.L.R. 851 (JCPC) | |
2001 onwards
| Case name | | Citation | | Subject |
|---|---|---|
| T Choithram International SA v Pagarani T Choithram International SA v Pagarani T Choithram International SA v Pagarani and Others [2001] 2 All ER 492 was a decision of the Judicial Committee of the Privy Council on appeal from the British Virgin Islands in relation to the vesting of trust property in a trustee... - British Virgin Islands British Virgin Islands The Virgin Islands, often called the British Virgin Islands , is a British overseas territory and overseas territory of the European Union, located in the Caribbean to the east of Puerto Rico. The islands make up part of the Virgin Islands archipelago, the remaining islands constituting the U.S... |
[2001] 2 All ER 492 | vesting of "imperfect gifts" |
| Dextra Bank & Trust Company Limited v Bank of Jamaica Dextra Bank & Trust Company Limited v Bank of Jamaica Dextra Bank & Trust Company Limited v Bank of Jamaica [2002] is a recent and important case in unjust enrichment in the Privy Council.-Facts:... - Jamaica Jamaica Jamaica is an island nation of the Greater Antilles, in length, up to in width and 10,990 square kilometres in area. It is situated in the Caribbean Sea, about south of Cuba, and west of Hispaniola, the island harbouring the nation-states Haiti and the Dominican Republic... |
[2002] 1 All ER (Comm) 193, [2001] UKPC 50 | |
See also
- List of House of Lords cases
- List of Supreme Court of Canada cases
- List of High Court of Australia cases