Reference re Wartime Leasehold Regulations

Reference re Wartime Leasehold Regulations

The Court answered the reference in the negative because Parliament legitimately determined that a national emergency arising out of the war continued in certain aspects and enacted transitional statutes authorizing continuation of the Wartime Leasehold Regulations; absent clear and unmistakable evidence that the emergency had wholly ended, the courts will not declare such emergency legislation ultra vires even though it affects provincial property and civil rights.

Citation
[1950] SCR 124
Parties
Government: Attorney-General for Canada; Provincial Government: Attorney-General for Ontario; Provincial Government: Attorney-General for Quebec; Intervener (tenants): Tenants within Canada; Intervener (veterans Organization): The Canadian Legion of the British Empire Service League; Intervener (property Owners): Canadian Federation of Property Owners Association; Intervener (labour): Canadian Congress of Labour
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 March 1950
Procedural Posture
Reference Under S.55 of the Supreme Court Act / Advisory Opinion of the Supreme Court of Canada (final Disposition)
Outcome
Reference answered in the negative; Wartime Leasehold Regulations are not ultra vires either in whole or in part.
Legal Topics
War Measures Act, National Emergency Powers, Rent Control, Ultra Vires, Order in Council Continuation
Source Language
English
Constitutional Law Administrative Law Property Law Federalism War Measures Act National Emergency Powers Rent Control Ultra Vires +1 more

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Parties

Attorney-General for Canada

Government

Attorney-General for Ontario

Provincial Government

Attorney-General for Quebec

Provincial Government

Tenants within Canada

Intervener (tenants)

The Canadian Legion of the British Empire Service League

Intervener (veterans Organization)

Canadian Federation of Property Owners Association

Intervener (property Owners)

Canadian Congress of Labour

Intervener (labour)

Procedural Posture

Reference Under S.55 of the Supreme Court Act / Advisory Opinion of the Supreme Court of Canada (final Disposition)

Legal Issues

  1. 1 Whether Wartime Leasehold Regulations are ultra vires in whole or in part
  2. 2 Whether Parliament may legislate in relation to property and civil rights during a continuing national emergency
  3. 3 Whether the post‑hostilities conditions constituted a continuing emergency justifying federal intrusion into provincial jurisdiction

Ratio Decidendi

The Court answered the reference in the negative because Parliament legitimately determined that a national emergency arising out of the war continued in certain aspects and enacted transitional statutes authorizing continuation of the Wartime Leasehold Regulations; absent clear and unmistakable evidence that the emergency had wholly ended, the courts will not declare such emergency legislation ultra vires even though it affects provincial property and civil rights.

Court Disposition

Reference answered in the negative; Wartime Leasehold Regulations are not ultra vires either in whole or in part.

Orders

  • Question answered in the negative; no declaration of invalidity made