Dunphy v. Croft

Dunphy v. Croft

Majority: ss.151(7) and related seizure provisions are ultra vires insofar as they purport to create extra-territorial enforcement by extending 'territorial waters' to 12 marine miles for Canadian-registered vessels; Parliament of Canada has no implied authority to authorize detention or seizure of ships beyond Dominion territorial limits absent express grant, and limiting the provision to Canadian registry does not supply the necessary implication.

Citation
[1931] SCR 531
Parties
Appellant (plaintiff): Sylvester Dunphy; Respondent (defendant): E. R. Croft
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
30 June 1931
Procedural Posture
Appeal Challenging Validity of Customs Act Provisions (constitutional) / On Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia En Banc
Outcome
Appeal allowed; judgment of the Supreme Court of Nova Scotia en banc reversed; action remitted to the Supreme Court of Nova Scotia for disposition in accordance with this opinion.
Legal Topics
Territorial Waters, Extra Territorial Jurisdiction, Customs Seizure, Hovering Vessels, Division of Powers, Peace, Order and Good Government
Source Language
English
Constitutional Law Shipping Law Customs Law Administrative Law Territorial Waters Extra Territorial Jurisdiction Customs Seizure Hovering Vessels +2 more

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Parties

Sylvester Dunphy

Appellant (plaintiff)

E. R. Croft

Respondent (defendant)

Procedural Posture

Appeal Challenging Validity of Customs Act Provisions (constitutional) / On Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia En Banc

Legal Issues

  1. 1 Whether s.151(7) (and s.207 as applied) of the Customs Act extending 'territorial waters' to 12 marine miles for Canadian-registered vessels is intra vires Parliament of Canada
  2. 2 Whether Parliament has implied authority to authorize detention and seizure of vessels beyond ordinary territorial limits (extra-territorial enforcement)
  3. 3 Whether limitation of the provision to Canadian-registered vessels cures any extra-territorial defect

Ratio Decidendi

Majority: ss.151(7) and related seizure provisions are ultra vires insofar as they purport to create extra-territorial enforcement by extending 'territorial waters' to 12 marine miles for Canadian-registered vessels; Parliament of Canada has no implied authority to authorize detention or seizure of ships beyond Dominion territorial limits absent express grant, and limiting the provision to Canadian registry does not supply the necessary implication.

Court Disposition

Appeal allowed; judgment of the Supreme Court of Nova Scotia en banc reversed; action remitted to the Supreme Court of Nova Scotia for disposition in accordance with this opinion.

Orders

  • Appeal allowed with costs
  • Action remitted to the Supreme Court of Nova Scotia to be disposed of in accordance with this judgment