In re International and International Provicial Ferries

In re International and International Provicial Ferries

R.S.C. c.97 as amended is intra vires Parliament; Parliament has authority to establish or authorize establishment of ferries between provinces and between a province and any British or foreign country under s.91(13) and related federal powers; and the Governor General in Council, when authorized by Parliament, may grant exclusive rights to such ferries by license or otherwise.

Citation
(1905) 36 SCR 206
Parties
Referrer: Governor General in Council; Interested Party: Dominion of Canada; Interested Party: Province of Ontario; Interested Party: Province of Quebec
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 May 1905
Procedural Posture
Reference by Governor General in Council / Hearing and Consideration by Supreme Court of Canada
Outcome
Reference answered in the affirmative; impugned Act upheld as intra vires of Parliament of Canada.
Legal Topics
Division of Powers, Federal Jurisdiction, Interprovincial and International Ferries, Exclusive Franchises/licenses, Jura Regalia
Source Language
English
Constitutional Law Administrative Law Division of Powers Federal Jurisdiction Interprovincial and International Ferries Exclusive Franchises/licenses Jura Regalia

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Parties

Governor General in Council

Referrer

Dominion of Canada

Interested Party

Province of Ontario

Interested Party

Province of Quebec

Interested Party

Procedural Posture

Reference by Governor General in Council / Hearing and Consideration by Supreme Court of Canada

Legal Issues

  1. 1 Is R.S.C. c.97 as amended intra vires of Parliament?
  2. 2 Does Parliament have authority to establish or authorize establishment of ferries between a province and any British or foreign country or between two provinces?
  3. 3 May the Governor General in Council, if authorized by Parliament, grant an exclusive right to such a ferry by license or otherwise?

Ratio Decidendi

R.S.C. c.97 as amended is intra vires Parliament; Parliament has authority to establish or authorize establishment of ferries between provinces and between a province and any British or foreign country under s.91(13) and related federal powers; and the Governor General in Council, when authorized by Parliament, may grant exclusive rights to such ferries by license or otherwise.

Court Disposition

Reference answered in the affirmative; impugned Act upheld as intra vires of Parliament of Canada.

Orders

  • Chapter 97 of the Revised Statutes of Canada, as amended by 51 Vic., c.23, is intra vires of the Parliament of Canada.
  • Parliament of Canada has authority to establish or to authorize the Governor General in Council to establish ferries between a province and any British or foreign country or between two provinces.