R. v. Hauser
Encyclopedia
R. v. Hauser, [1979] 1 S.C.R. 984 is a leading Constitution
al decision of the Supreme Court of Canada
, where, In a four to three decision, the Court upheld the federal Narcotic Control Act
as constitutional under the peace, order and good government
power. The case is a particularly unusual as the Act had previously held to be constitutional under the Criminal law power in the decision of Industrial Acceptance Corp. v. The Queen [1953] 2 S.C.R. 273.
Pigeon J., writing for the majority, held that the matter of law had sufficient "newness" to fall under the p.o.g.g. power, stating that:
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...
al decision of the Supreme Court of Canada
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...
, where, In a four to three decision, the Court upheld the federal Narcotic Control Act
Narcotic Control Act
The Narcotic Control Act, passed in 1961, was one of Canada's national drug control statutes prior to its repeal by the 1996 Controlled Drugs and Substances Act. It implemented the provisions of the Single Convention on Narcotic Drugs.-References:...
as constitutional under 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. The case is a particularly unusual as the Act had previously held to be constitutional under the Criminal law power in the decision of Industrial Acceptance Corp. v. The Queen [1953] 2 S.C.R. 273.
Pigeon J., writing for the majority, held that the matter of law had sufficient "newness" to fall under the p.o.g.g. power, stating that:
- ...the most important consideration for classifying the Narcotic Control Act as legislation enacted under the general residual federal power, is that this is essentially legislation adopted to deal with a genuinely new problem which did not exist at the time of Confederation and clearly cannot be put in the class of "Matters of a merely local or private nature".