User:Mr Serjeant Buzfuz/JCPC judges
From Wikipedia, the free encyclopedia
List of JCPC judges — Canadian constitutional cases is a list of the judges of the Judicial Committee of the Privy Council who gave judgments in Canadian constitutional law cases between 1873 and 1959. From Confederation in 1867 until 1949, the Judicial Committee was the final court of appeal for Canada, as part of the British Empire.[lower-alpha 1] The Parliament of Canada abolished the right of appeal in 1949, although cases which were begun before that date could still be appealed to the Judicial Committee.[lower-alpha 2] The decisions of the Judicial Committee had a substantial influence on Canadian constitutional law, particularly in the area of the division of powers between the federal and provincial governments.[lower-alpha 3]
![]() | This is not a Wikipedia article: It is an individual user's work-in-progress page, and may be incomplete and/or unreliable. For guidance on developing this draft, see Wikipedia:So you made a userspace draft. Find sources: Google (books · news · scholar · free images · WP refs) · FENS · JSTOR · TWL |
The following list of cases is based on the three volume set of Judicial Committee decisions on constitutional law prepared and published by the federal Department of Justice following the abolition of appeals.[lower-alpha 4] The list includes some additional cases which deal with constitutional issues but which were not in that collection. Unless otherwise specified, references are to sections of the Constitution Act, 1867 (formerly known as the British North America Act, 1867).
Judge | No. of Cases |
Year | Cases | Constitutional Issue | |
---|---|---|---|---|---|
Collier, Sir Robert | ![]() |
1 | 1873 | R v Coote | Provincial power to order compulsory inquiries[1] |
Colvile, Sir James W. | 1875 | Dow v Black | Provincial taxation power (s. 92(2)); federal railway jurisdiction (s. 92(10)(a))[2] | ||
1880 | Bourgoin v La Compagnie du Chemin de Fer de Montréal, Ottawa & Occidental, and Ross | Federal railway jurisdiction (s. 92(10)(c)); provincial railway jurisdiction (s. 92(10))[3] | |||
Hannen, Sir James | ![]() |
1 | 1881 | The Queen v Belleau | Federal government liability for pre-Confederation debts (s. 111); need for statutory authority for expenditure of public funds[4] |
James, Lord Justice | ![]() |
1 | 1874 | Maher v Town Council of Portland | Constitutional guarantees for denominational schools (s. 93)[5] |
Jessel, Sir George, Master of the Rolls | ![]() |
1 | 1878 | Attorney General for Quebec v. Queen Insurance Company | Provincial taxation power (s. 92(2)); provincial licence power (s. 92(9))[6] |
Phillimore, Sir Robert | ![]() |
Brown v Les Curé et Marguilliers de l'Œuvre et Fabrique de Notre Dame de Montréal (Guibord case) | Jurisdiction of civil courts to determine questions of canon law, and to interpret civil contracts with a canon law component[7] | ||
Selborne, Lord | ![]() |
1874 | L'Union St Jacques de Montreal v Bélisle | Provincial power to legislate changes to pensions (s. 92(16)); federal insolvency jurisdiction (s. 91(21))[8] | |
1879 | Valin v Langlois | Federal jurisdiction over federal elections (s. 41); federal power to assign jurisdiction to provincial courts; nature of the superior courts (s. 92(14))[9] | |||
1883 | Attorney General of Ontario v Mercer | Escheated lands belong to the provincial governments (s. 109)[10] | |||
Smith, Sir Montague E. | 1880 | Cushing v Dupuy | Federal insolvency jurisdiction (s. 91(21)); provincial jurisdiction over property and civil rights (s. 92(13)) and administration of justice (s. 92(14)); appeals under royal prerogative[11] | ||
1881 | Citizens Insurance Co of Canada v Parsons | Federal trade and commerce jurisdiction (s. 91(2)); provincial jurisdiction over property and civil rights (s. 92(13)); provincial power to regulate insurance industry[12] | |||
1882 | Russell v The Queen | Federal "peace, order and good government" power (s. 91); federal alcohol control legislation[13] | |||
Watson, Lord | ![]() |
1 | 1882 | Dobie v Temporalities Board | Jurisdiction to amend pre-Confederation statutes (s. 129); only the federal Parliament can amend pre-Confederation statute creating a corporation that operated throughout the Province of Canada; not a matter of property and civil rights within one province (s. 92(13))[14] |