Margarine Reference
Canadian constitutional decision / From Wikipedia, the free encyclopedia
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Reference Re Validity of Section 5(a) of the Dairy Industry Act (1949), also known as the Margarine Reference or as Canadian Federation of Agriculture v Quebec (AG),[1] is a leading ruling of the Supreme Court of Canada, upheld on appeal to the Judicial Committee of the Privy Council, on determining if a law is within the authority of the Parliament of Canada's powers relating to criminal law. In this particular case, the Court found that a regulation made by Parliament was ultra vires. Though the regulation contained sufficient punitive sanctions, the subject matter contained within it was not the kind that served a public purpose.
Margarine Reference | |
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Court | Judicial Committee of the Privy Council |
Full case name | The Canadian Federation of Agriculture v The Attorney-General of Quebec and others |
Decided | 16 October 1950 |
Citation(s) | [1950] UKPC 31, [1951] AC 179 |
Case history | |
Appealed from | Reference re Validity of Section 5 (a) Dairy Industry Act, 1948 CanLII 2, [1949] SCR 1 (14 December 1948), Supreme Court (Canada) |
Court membership | |
Judges sitting | Lord Porter, Lord Simonds, Lord Morton of Henryton, Lord MacDermott, Lord Radcliffe |
Case opinions | |
Decision by | Lord Morton of Henryton |
The case was decided by the Judicial Committee of the Privy Council on appeal from the Supreme Court of Canada, as the cause for appeal arose before the abolition of such appeals in 1949.[2] The decision by Rand J was upheld in 1951, and the case has been cited in federalism disputes many times since.[3]