Reference re Alberta Statutes
Encyclopedia
Reference re Alberta Statutes [1938] S.C.R. 100, also known as the Alberta Press case and the Alberta Press Act Reference, is a landmark reference
of the Supreme Court of Canada
where several provincial laws restricting the press were struck down and the existence of an implied bill of rights
protecting civil liberties such as a free press was first proposed.
The province of Alberta
had passed several laws including the Accurate News and Information Act
which required newspapers to publish rebuttals of criticisms to the government. In a 6 to 3 decision, the Supreme Court struck down the law as ultra vires
of the provinces.
Reference question
In Canadian law, a Reference Question is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation....
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 several provincial laws restricting the press were struck down and the existence of an implied bill of rights
Implied Bill of Rights
The Implied Bill of Rights is a judicial theory in Canadian jurisprudence that recognizes that certain basic principles are underlying the Constitution of Canada...
protecting civil liberties such as a free press was first proposed.
The province of Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
had passed several laws including the Accurate News and Information Act
Accurate News and Information Act
The Accurate News and Information Act was a statute passed by the Legislative Assembly of Alberta, Canada, in 1937, at the instigation of William Aberhart's Social Credit government...
which required newspapers to publish rebuttals of criticisms to the government. In a 6 to 3 decision, the Supreme Court struck down the law as ultra vires
Ultra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
of the provinces.