In Re Legislation Respecting Abstention from Labour on Sunday

In Re Legislation Respecting Abstention from Labour on Sunday

Majority: The Governor General in Council may not use s.37 to refer purely speculative hypothetical future provincial legislation; the phrase 'any other matter' in s.37 is subject to ejusdem generis and refers to matters akin to those specified (e.g. orders in council, departmental regulations); on the merits the draft Sunday-rest bill is indistinguishable from prior enactments held ultra vires and is, as to compulsory observance and sanctions, a subject properly within the jurisdiction of the Parliament of Canada. Sedgewick J. dissented on interpretation of s.37 and on some conclusions as to federal competence.

Citation
(1905) 35 SCR 581
Parties
Referrer: Dominion of Canada; Interested Party: Province of Ontario; Interested Party: Province of Quebec; Intervenor: Lord's Day Alliance; Intervenor: Grand Trunk Railway Co.; Intervenor: Michigan Central Railway Co.; Intervenor: Canadian Northern Railway Co.; Intervenor: Wabash Railroad Company; Intervenor: Buffalo, Hamilton and Toronto Railway Company; Intervenor: Canadian Copper Co.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 February 1905
Procedural Posture
Reference by Governor General in Council to Supreme Court of Canada / Hearing and Judgment on Reference Questions
Outcome
Reference answered subject to jurisdictional caveat: majority held the draft provincial Sunday-rest bill ultra vires and that legislation enforcing compulsory Sunday observance falls within Parliament of Canada; court also held s.37 does not empower references of purely speculative future provincial legislation...
Legal Topics
Division of Powers, Reference Jurisdiction, Sunday Observance (lord's Day), Statutory Interpretation (ejusdem Generis)
Source Language
English
Constitutional Law Administrative Law Public Law Division of Powers Reference Jurisdiction Sunday Observance (lord's Day) Statutory Interpretation (ejusdem Generis)

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Parties

Dominion of Canada

Referrer

Province of Ontario

Interested Party

Province of Quebec

Interested Party

Lord's Day Alliance

Intervenor

Grand Trunk Railway Co.

Intervenor

Michigan Central Railway Co.

Intervenor

Canadian Northern Railway Co.

Intervenor

Wabash Railroad Company

Intervenor

Buffalo, Hamilton and Toronto Railway Company

Intervenor

Canadian Copper Co.

Intervenor

Procedural Posture

Reference by Governor General in Council to Supreme Court of Canada / Hearing and Judgment on Reference Questions

Legal Issues

  1. 1 Whether s.37 (54 & 55 Vict. c.25 s.4) authorizes reference of speculative or hypothetical future provincial legislation
  2. 2 Whether the draft provincial Sunday-rest bill is within provincial legislative competence
  3. 3 Whether legislation enforcing Sunday observance falls within federal (Parliament of Canada) jurisdiction or provincial jurisdiction

Ratio Decidendi

Majority: The Governor General in Council may not use s.37 to refer purely speculative hypothetical future provincial legislation; the phrase 'any other matter' in s.37 is subject to ejusdem generis and refers to matters akin to those specified (e.g. orders in council, departmental regulations); on the merits the draft Sunday-rest bill is indistinguishable from prior enactments held ultra vires and is, as to compulsory observance and sanctions, a subject properly within the jurisdiction of the Parliament of Canada. Sedgewick J. dissented on interpretation of s.37 and on some conclusions as to federal competence.

Court Disposition

Reference answered subject to jurisdictional caveat: majority held the draft provincial Sunday-rest bill ultra vires and that legislation enforcing compulsory Sunday observance falls within Parliament of Canada; court also held s.37 does not empower references of purely speculative future provincial legislation...

Orders

  • Reference answered: (1) Draft bill declared ultra vires of provincial legislature as a whole; (2) Questions 1–3 answered that the draft bill is beyond provincial jurisdiction; (3) Questions 4–6: compulsory Sunday observance legislation with sanctions is within Parliament of Canada; (4) Question 7 not answered...