Morgan v. Prince Edward Island (Attorney General)
Encyclopedia
Morgan v. Attorney General for Prince Edward Island, [1976] 2 S.C.R. 349 is a leading decision of the Supreme Court of Canada
on mobility rights
, prior to the inclusion of these rights in section 6
of the Canadian Charter of Rights and Freedoms
. The Court upheld a law that limited the amount of land that could be held by someone who was not a resident of the province.
Prince Edward Island
enacted a law prohibiting non-residents from owning more than 25 acres (101,171.5 m²) or 5 "chain
s" of property unless they had permission from the minister. The legislation was challenged on the basis that the matter was outside the jurisdiction of the province because it related to federal matters of citizenship and naturalization under section 91(25) of the Constitution Act, 1867
.
Laskin, for the majority, held that the law was valid provincial law under the provincial authority over property and civil rights
.
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 mobility rights
Freedom of movement
Freedom of movement, mobility rights or the right to travel is a human right concept that the constitutions of numerous states respect...
, prior to the inclusion of these rights in section 6
Section Six of the Canadian Charter of Rights and Freedoms
Section Six of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution's Charter of Rights that protects the mobility rights of Canadian citizens, and to a lesser extent that of permanent residents. By mobility rights, the section refers to the individual practice...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. The Court upheld a law that limited the amount of land that could be held by someone who was not a resident of the province.
Prince Edward Island
Prince Edward Island
Prince Edward Island is a Canadian province consisting of an island of the same name, as well as other islands. The maritime province is the smallest in the nation in both land area and population...
enacted a law prohibiting non-residents from owning more than 25 acres (101,171.5 m²) or 5 "chain
Chain (unit)
A chain is a unit of length; it measures 66 feet or 22 yards or 100 links . There are 10 chains in a furlong, and 80 chains in one statute mile. An acre is the area of 10 square chains...
s" of property unless they had permission from the minister. The legislation was challenged on the basis that the matter was outside the jurisdiction of the province because it related to federal matters of citizenship and naturalization under section 91(25) 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...
.
Laskin, for the majority, held that the law was valid provincial law under the provincial authority over 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...
.