Margarine Reference
| Margarine Reference | |
|---|---|
.svg) |
|
| 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), 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 |
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), 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. It contained sufficient punitive sanctions; however, the subject matter was not the kind that served a public purpose.
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. The decision by Rand J was upheld in 1951, and the case has been cited in federalism disputes many times since.
Under Section 91(27) of the Constitution Act, 1867, Parliament receives exclusive powers to legislate in regard to the criminal law. The precise meaning of the criminal law power, however, had proved controversial. In the Board of Commerce case, the JCPC seemingly chose to define criminal law power as limited to prohibiting only what was criminal in 1867 (the year of Canadian Confederation). This was overturned in Proprietary Articles Trade Assn. v. A.-G. Can. (1931), in which it was found criminal law means Parliament could legitimately prohibit any act "with penal consequences." The problem with the latter decision was that it gave Parliament an excuse to legislate in regard to many matters.
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