Winner v. S.M.T. (Eastern) Limited
| Winner v SMT (Eastern) Ltd | |
|---|---|
 |
|
| Court | Judicial Committee of the Privy Council |
| Decided | 22 February 1954 |
| Citation(s) | 1954 UKPC 8 |
| Case history | |
| Prior action(s) | Winner v. S.M.T. (Eastern) Ltd. 1951 CanLII 2, [1951] SCR 887 (22 October 1951), reversing a decision of the Supreme Court of New Brunswick, Appeal Division, (1950) 26 MPR 27 |
| Appealed from | Supreme Court of Canada |
| Court membership | |
| Judges sitting | Lord Porter, Lord Oaksey, Lord Tucker, Lord Asquith of Bishopstone and Lord Cohen |
| Case opinions | |
| Decision by | Lord Porter |
Winner v SMT (Eastern) Ltd is the last case of the Judicial Committee of the Privy Council that affected Canadian constitutional jurisprudence. The Supreme Court of Canada case, from which it arose, is also notable for summarizing the essence of Canadian citizenship.
Israel Winner (operating as Mackenzie Coach Lines) operated a bus service between Boston and Glace Bay, Nova Scotia. In addition to authority granted by the Interstate Commerce Commission for that part of the service from Boston to Calais, Maine, he applied to the New Brunswick Motor Carrier Board for authority to operate his service in that province. The Board issued a permit, subject to the condition that Winner would not pick up or drop off any passengers within the province. S.M.T. (Eastern) Limited was a New Brunswick company that held a permit from the Board that entitled it to carry passengers from Saint Stephen, New Brunswick via Saint John to the Nova Scotia border.
Winner contended that the Board did not have the authority to attach such a condition to his permit, and it also did not have the power to prevent him from picking up and dropping off passengers travelling within the province. S.M.T. (Eastern) Limited applied to the Supreme Court of New Brunswick, Chancery Division, for an injunction restraining such activity.
Hughes J of the Chancery Division declined to issue an injunction until the Appellate Division gave him answers to the following questions:
The Appellate Division answered thus:
Winner appealed.
Appeal was allowed. In an 8-1 decision the Court held that Winner was entitled to pick up and drop off passengers that were on an international or interprovincial journey, but not with regard to journeys between points within the province.
For his part, Rinfret CJ answered that the New Brunswick Act and Regulation did not prohibit Winner's operations, and the conditions that the Board had attached to its permit were ultra vires.
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