Alberta (Attorney-General) v. Kazakewich

Alberta (Attorney-General) v. Kazakewich

The Court held the Attorney‑General had no status to appeal to the Supreme Court of Canada from the Appellate Division's judgment setting aside the magistrate's order; while the Attorney‑General could ordinarily appear to support the validity of the legislation if the private appellant pursued the appeal, Mary...

Source-derived case information.

Citation
[1937] SCR 427
Parties
Intervener Appellant: Alberta (Attorney-General); Respondent: Bery Kazakewich; Respondent in Appellate Division / Prospective Appellant: Mary Kazakewich
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 May 1937
Procedural Posture
Appeal; Jurisdiction Motion / Appeal From Appellate Division to Supreme Court of Canada; Motion From Registrar's Order Affirming Jurisdiction; Substantive Appeal Not Perfected by Appellant
Outcome
Appeal from the Registrar allowed; Registrar's order affirming this Court's jurisdiction set aside; no substantive hearing because appellant failed to perfect appeal and lacked leave to perfect
Legal Topics
Ultra Vires, Provincial Legislation, Jurisdiction of Supreme Court, Perfecting an Appeal, Maintenance Orders, Registrar Jurisdiction Determination, Criminal Cause Exception S.36
Source Language
english
Constitutional Law Family Law Civil Procedure Appeal Jurisdiction Ultra Vires Provincial Legislation Jurisdiction of Supreme Court Perfecting an Appeal +3 more

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Parties

Alberta (Attorney-General)

Intervener Appellant

Bery Kazakewich

Respondent

Mary Kazakewich

Respondent in Appellate Division / Prospective Appellant

Procedural Posture

Appeal; Jurisdiction Motion / Appeal From Appellate Division to Supreme Court of Canada; Motion From Registrar's Order Affirming Jurisdiction; Substantive Appeal Not Perfected by Appellant

Legal Issues

  1. 1 Whether the Attorney‑General had status to appeal to the Supreme Court of Canada from the Appellate Division judgment
  2. 2 Whether the matter fell within the 'criminal cause' exception in s.36 of the Supreme Court Act for jurisdictional purposes
  3. 3 Whether the Court had jurisdiction where the appellant (Mary Kazakewich) had not perfected her appeal and leave to perfect was refused

Ratio Decidendi

The Court held the Attorney‑General had no status to appeal to the Supreme Court of Canada from the Appellate Division's judgment setting aside the magistrate's order; while the Attorney‑General could ordinarily appear to support the validity of the legislation if the private appellant pursued the appeal, Mary Kazakewich had failed to perfect her appeal and leave to perfect was refused, so this Court had no jurisdiction to hear the substantive appeal; accordingly the appeal from the Registrar's order affirming jurisdiction was allowed (Registrar's order set aside).

Court Disposition

Appeal from the Registrar allowed; Registrar's order affirming this Court's jurisdiction set aside; no substantive hearing because appellant failed to perfect appeal and lacked leave to perfect

Orders

  • Appeal from the Registrar's order affirming jurisdiction allowed
  • Registrar's order affirming jurisdiction set aside