1947 (1) TMI 16 - Other - Indian Laws

Summary

Issues Involved:
1. Legislative competence of the Parliament of Canada to enact Bill 9.
2. Interpretation of Sections 91, 92, 101, and 129 of the British North America Act, 1867.
3. The impact of the Statute of Westminster, 1931, on the legislative powers of the Dominion and Provincial Legislatures.
4. The validity of the Bill in relation to appeals from the Supreme Court of Canada and Provincial Courts to His Majesty in Council.

Detailed Analysis:

1. Legislative Competence of the Parliament of Canada to Enact Bill 9:
The primary issue was whether the Parliament of Canada had the legislative competence to enact Bill 9, which sought to amend the Supreme Court Act by making the Supreme Court of Canada the final appellate court, thereby abolishing appeals to His Majesty in Council. The Supreme Court of Canada had varied opinions: the majority held the Bill was within the Parliament's competence; Mr. Justice Crocket found it wholly ultra vires; and Mr. Justice Davis suggested it would be intra vires if it did not affect provincial rights in civil matters.

2. Interpretation of Sections 91, 92, 101, and 129 of the British North America Act, 1867:
The judgment analyzed the distribution of legislative powers under Sections 91, 92, 101, and 129 of the British North America Act, 1867. Section 91 grants the Parliament of Canada the authority to legislate for the peace, order, and good government of Canada, including criminal law. Section 92 confers exclusive legislative powers to Provincial Legislatures over matters such as the administration of justice in the province. Section 101 allows the Parliament of Canada to establish a general Court of Appeal and additional courts for the better administration of Canadian laws. Section 129 ensures the continuation of existing laws and courts unless altered by the competent legislative authority.

3. Impact of the Statute of Westminster, 1931:
The Statute of Westminster, 1931, was pivotal in determining the legislative powers of the Dominion and Provincial Legislatures. It removed the restrictions imposed by the Colonial Laws Validity Act, 1865, allowing Dominion laws to be repugnant to UK laws. Section 2(1) of the Statute ensured that the Colonial Laws Validity Act would not apply to Dominion laws, while Section 2(2) allowed Dominion Parliaments to amend or repeal UK laws as they applied to the Dominion. Section 3 granted the Dominion Parliament the power to legislate with extra-territorial effect, a power not extended to Provincial Legislatures.

4. Validity of the Bill in Relation to Appeals:
The judgment addressed the validity of Bill 9 concerning appeals from the Supreme Court of Canada and Provincial Courts to His Majesty in Council. The judgment affirmed that the power to establish a general Court of Appeal for Canada under Section 101 included the authority to make its jurisdiction ultimate and exclusive. The Statute of Westminster had removed the fetters on the Dominion Parliament's legislative power, enabling it to abolish appeals to His Majesty in Council. The judgment cited previous cases, such as Nadan v. The King (1926) and British Coal Corporation v. Reg. (1935), to support the conclusion that the Dominion Parliament had the competence to exclude appeals to His Majesty in Council.

The judgment concluded that Bill 9 was wholly intra vires of the Parliament of Canada, emphasizing the importance of a unified legal system within the Dominion. The judgment highlighted that the regulation of appeals is a prime element of Canadian sovereignty, and the establishment of a Supreme Court with final and exclusive appellate jurisdiction was consistent with the self-governing status of Canada within the British Commonwealth of Nations. The appeal was dismissed, and it was declared that Bill 9 was within the legislative competence of the Parliament of Canada.