Reference re Regulation and Control of Radio Communication

Reference re Regulation and Control of Radio Communication

By a majority the Court held that, given the contemporary state of radio science and the factual record, radio communication is a subject of federal legislative jurisdiction under the B.N.A. Act (s.91 and ancillary enumerated heads and s.132 for treaty implementation) because its effects are national and international and uniform regulation is necessary to prevent destructive interference; two judges dissented holding provinces retain primary jurisdiction over apparatus and local aspects and federal power is not exclusive.

Citation
[1931] SCR 541
Parties
Referencing Government: Attorney-General of Canada; Respondent Province: Attorney-General of Quebec; Respondent Province: Attorney-General of Ontario; Respondent Province: Attorney-General of Manitoba; Respondent Province: Attorney-General of Saskatchewan; Respondent Province: Attorney-General of New Brunswick; Interested Party: Canadian Radio League
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
30 June 1931
Procedural Posture
Reference / Supreme Court of Canada Decision on Reference
Outcome
Reference answered: Q1 — Parliament of Canada has jurisdiction to regulate and control radio communication (Yes) in view of the present state of radio science; Q2 — not answered.
Legal Topics
Federalism, Division of Powers, Radio Communication, Treaty Implementation, BNA Act S.91, BNA Act S.92, BNA Act S.132
Source Language
English
Constitutional Law Federalism Division of Powers Radio Communication Treaty Implementation BNA Act S.91 BNA Act S.92 BNA Act S.132

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Parties

Attorney-General of Canada

Referencing Government

Attorney-General of Quebec

Respondent Province

Attorney-General of Ontario

Respondent Province

Attorney-General of Manitoba

Respondent Province

Attorney-General of Saskatchewan

Respondent Province

Attorney-General of New Brunswick

Respondent Province

Canadian Radio League

Interested Party

Procedural Posture

Reference / Supreme Court of Canada Decision on Reference

Legal Issues

  1. 1 Whether Parliament of Canada has jurisdiction to regulate and control radio communication
  2. 2 Whether that jurisdiction is exclusive or limited by provincial powers under s.92
  3. 3 Interaction of federal enumerated heads (eg. trade and commerce, navigation, postal service, telegraphs) and s.132 treaty powers with provincial powers (property and civil rights; local works and undertakings)

Ratio Decidendi

By a majority the Court held that, given the contemporary state of radio science and the factual record, radio communication is a subject of federal legislative jurisdiction under the B.N.A. Act (s.91 and ancillary enumerated heads and s.132 for treaty implementation) because its effects are national and international and uniform regulation is necessary to prevent destructive interference; two judges dissented holding provinces retain primary jurisdiction over apparatus and local aspects and federal power is not exclusive.

Court Disposition

Reference answered: Q1 — Parliament of Canada has jurisdiction to regulate and control radio communication (Yes) in view of the present state of radio science; Q2 — not answered.

Orders

  • Question 1 answered: Yes, Parliament of Canada has jurisdiction to regulate and control radio communication in view of the present state of radio science.
  • Question 2: No answer given.