Reference re s. 17 of the Alberta Act

Reference re s. 17 of the Alberta Act

Section 17 of the Alberta Act is within the powers of the Parliament of Canada because Parliament, under the BNA Acts and its plenary territorial powers, was entitled when constituting Alberta to define the application of s.93 so as to perpetuate rights and privileges arising under territorial ordinances and to prevent discrimination in school funding; the phrasing of s.146 does not nullify that power.

Citation
[1927] SCR 364
Parties
Referrer: Governor General in Council; Proponent: Attorney General of Canada; Opponent: Interests opposed to validity (appointed by Court); Intervenor: Province of Alberta; Intervenor: Province of Saskatchewan
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 April 1927
Procedural Posture
Constitutional Reference / Reference Hearing Under S.60 of the Supreme Court Act
Outcome
Section 17 of the Alberta Act is not ultra vires; it is wholly intra vires of the Parliament of Canada.
Legal Topics
Division of Powers, Separate Schools, Section 93 BNA Act, Territorial Legislation, Validity of Federal Constitutional Legislation
Source Language
English
Constitutional Law Education Law Public/administrative Law Division of Powers Separate Schools Section 93 BNA Act Territorial Legislation Validity of Federal Constitutional Legislation

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Parties

Governor General in Council

Referrer

Attorney General of Canada

Proponent

Interests opposed to validity (appointed by Court)

Opponent

Province of Alberta

Intervenor

Province of Saskatchewan

Intervenor

Procedural Posture

Constitutional Reference / Reference Hearing Under S.60 of the Supreme Court Act

Legal Issues

  1. 1 Is s.17 of the Alberta Act ultra vires the Parliament of Canada?
  2. 2 Can Parliament vary s.93 BNA Act in its application to a province created out of the Territories?
  3. 3 Do Territorial ordinances and rights existing under them survive and may they be perpetuated by federal constitutional enactment?

Ratio Decidendi

Section 17 of the Alberta Act is within the powers of the Parliament of Canada because Parliament, under the BNA Acts and its plenary territorial powers, was entitled when constituting Alberta to define the application of s.93 so as to perpetuate rights and privileges arising under territorial ordinances and to prevent discrimination in school funding; the phrasing of s.146 does not nullify that power.

Court Disposition

Section 17 of the Alberta Act is not ultra vires; it is wholly intra vires of the Parliament of Canada.

Orders

  • Question referred answered: s.17 of the Alberta Act is not, in whole or in part, ultra vires of the Parliament of Canada.