Labatt Breweries of Canada Ltd. v. Attorney General of Canada

Labatt Breweries of Canada Ltd. v. Attorney General of Canada

The impugned provisions, insofar as they prescribe standards of composition/strength and mandatory common names for malt liquors, are, in pith and substance, regulation of the production and standards of a single industry (malt liquor/beer). That subject falls within provincial jurisdiction (property and civil rights/local undertakings) and does not fall within federal criminal law, the trade and commerce power (which does not authorize detailed regulation of a single trade), nor POGG. Therefore ss.6 and 25(1)(c) of the Food and Drugs Act and Regulations B.02.130–B.02.135 are ultra vires Parliament in so far as they relate to malt liquors; accordingly the federal standards and compelled...

Citation
[1980] 1 SCR 914
Parties
Appellant (plaintiff): Labatt Breweries of Canada Limited; Respondent (defendant): Attorney General of Canada; Intervenor: Attorney General of the Province of Quebec
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 December 1979
Procedural Posture
Appeal / On Appeal From the Federal Court of Appeal to the Supreme Court of Canada; Final Judgment Delivered by Supreme Court of Canada
Outcome
Appeal allowed; declarations issued that Regulations B.02.130–B.02.135 are invalid and that ss.6 and 25(1)(c) of the Food and Drugs Act are ultra vires Parliament insofar as they relate to malt liquors; costs awarded to appellant.
Legal Topics
Labelling Standards, Standards for Food and Beverages, Division of Powers (federalism), Trade and Commerce Power, Peace, Order and Good Government (pogg), Criminal Law Power, Ultra Vires Review
Source Language
English
Constitutional Law Food and Drugs Administrative Law Labelling Standards Standards for Food and Beverages Division of Powers (federalism) Trade and Commerce Power Peace, Order and Good Government (pogg) +2 more

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Parties

Labatt Breweries of Canada Limited

Appellant (plaintiff)

Attorney General of Canada

Respondent (defendant)

Attorney General of the Province of Quebec

Intervenor

Procedural Posture

Appeal / On Appeal From the Federal Court of Appeal to the Supreme Court of Canada; Final Judgment Delivered by Supreme Court of Canada

Legal Issues

  1. 1 Whether appellant violated s.6 of the Food and Drugs Act by labelling and marketing a 4% alcohol beer as "Special Lite" likely to be mistaken for a regulated "light beer" (max 2.5% alc./vol.).
  2. 2 Whether ss.6 and 25(1)(c) of the Food and Drugs Act and Food and Drug Regulations B.02.130–B.02.135 are constitutionally valid insofar as they regulate malt liquors (i.e. whether Parliament had jurisdiction under s.91 heads: criminal law, trade and commerce, or POGG).

Ratio Decidendi

The impugned provisions, insofar as they prescribe standards of composition/strength and mandatory common names for malt liquors, are, in pith and substance, regulation of the production and standards of a single industry (malt liquor/beer). That subject falls within provincial jurisdiction (property and civil rights/local undertakings) and does not fall within federal criminal law, the trade and commerce power (which does not authorize detailed regulation of a single trade), nor POGG. Therefore ss.6 and 25(1)(c) of the Food and Drugs Act and Regulations B.02.130–B.02.135 are ultra vires Parliament in so far as they relate to malt liquors; accordingly the federal standards and compelled...

Court Disposition

Appeal allowed; declarations issued that Regulations B.02.130–B.02.135 are invalid and that ss.6 and 25(1)(c) of the Food and Drugs Act are ultra vires Parliament insofar as they relate to malt liquors; costs awarded to appellant.

Orders

  • Appeal allowed
  • Declaration that Regulations B.02.130 to B.02.135 of the Food and Drug Regulations (C.R.C., c.870) are invalid insofar as they relate to malt liquors