Reference re Validity of Section 5 (a) Dairy Industry Act

Reference re Validity of Section 5 (a) Dairy Industry Act

By majority the impugned section is divisible: the prohibition on importation of margarine/oleomargarine is intra vires Parliament as regulation of external trade and Customs power, but the provisions prohibiting manufacture, offer, sale or possession for sale are ultra vires Parliament because their pith and substance regulate property and civil rights within provinces and cannot be sustained under s.91(2), s.91(27), s.95 or POGG.

Citation
[1949] SCR 1
Parties
Referrer: Governor General in Council; Proponent: Attorney-General of Canada; Opponent: Attorney-General of Quebec; Opponent: Hon. W.D. Euler and others; Intervener Supporting Proponent: Canadian Federation of Agriculture; Intervener Opposing: Canadian Association of Consumers; Intervener Opposing: l'Association Canadienne des Électrices
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
14 December 1948
Procedural Posture
Reference to Supreme Court of Canada / Hearing on Constitutional Validity of Statutory Provision; Final Judgment on Reference
Outcome
Section 5(a) held partly ultra vires and partly intra vires: prohibition on manufacture, sale, offering or possession for sale declared ultra vires; prohibition on importation declared intra vires.
Legal Topics
Ultra Vires, Pith and Substance, Peace Order and Good Government (pogg), Importation Vs Local Trade, Severability, Definition of Criminal Law
Source Language
English
Constitutional Law Criminal Law Trade and Commerce Agriculture Property and Civil Rights Administrative Law Ultra Vires Pith and Substance +4 more

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Parties

Governor General in Council

Referrer

Attorney-General of Canada

Proponent

Attorney-General of Quebec

Opponent

Hon. W.D. Euler and others

Opponent

Canadian Federation of Agriculture

Intervener Supporting Proponent

Canadian Association of Consumers

Intervener Opposing

l'Association Canadienne des Électrices

Intervener Opposing

Procedural Posture

Reference to Supreme Court of Canada / Hearing on Constitutional Validity of Statutory Provision; Final Judgment on Reference

Legal Issues

  1. 1 Whether s.5(a) of the Dairy Industry Act is ultra vires Parliament in whole or in part
  2. 2 Whether prohibition of importation is intra vires federal power
  3. 3 Whether prohibition of manufacture, sale or possession for sale is intra vires or falls within provincial jurisdiction over property and civil rights

Ratio Decidendi

By majority the impugned section is divisible: the prohibition on importation of margarine/oleomargarine is intra vires Parliament as regulation of external trade and Customs power, but the provisions prohibiting manufacture, offer, sale or possession for sale are ultra vires Parliament because their pith and substance regulate property and civil rights within provinces and cannot be sustained under s.91(2), s.91(27), s.95 or POGG.

Court Disposition

Section 5(a) held partly ultra vires and partly intra vires: prohibition on manufacture, sale, offering or possession for sale declared ultra vires; prohibition on importation declared intra vires.

Orders

  • Section 5(a) of the Dairy Industry Act is ultra vires the Parliament of Canada insofar as it prohibits manufacture, offering, sale or having in possession for sale the specified products.
  • Section 5(a) is intra vires the Parliament of Canada insofar as it prohibits the importation into Canada of the specified products.