AG Manitoba v. Manitoba Egg and Poultry Association
Encyclopedia
AG Manitoba v. Manitoba Egg and Poultry Association (the Manitoba Egg Reference) [1971] S.C.R. 689 is a leading Supreme Court of Canada
decision on the Trade and Commerce power under section 91(2) of the Constitution Act, 1867
. The decision was the result of a growing political debate known as the "chicken and egg war" where Quebec
and Ontario enacted protectionist legislation for the egg and poultry
industry preventing Manitoba
from selling their eggs and poultry products in those provinces. To much of the public's surprise the Court struck down a provincial statute regulating the marketing of eggs. The case somewhat contradicted the precedent case of Carnation Co. v. Quebec Agricultural Marketing Board
, [1968] S.C.R. 238 which held that provincial law that has an incidental effect on other provinces is still valid.
The Court held that even though there was no direct evidence showing that there was extraprovincial effect of the provincial law, the potential effect was sufficient to find the law ultra vires
. The Court found that control of imports was essential to the provincial legislative scheme even though the law made no distinction between eggs produced inside or outside of the province. The Court distinguished the case from the Carnation decision by the fact that the Manitoba regulations intended to provide regulation of inter-provincial trade while in Carnation the law only has the effect of regulating inter-provincial trade.
In the aftermath of the decision, all 11 governments, the 10 governments of the provinces and the federal government, entered an agreement with the federal government which arranged a federal egg marketing scheme which created quotas for each of the provinces, and charged tariffs for eggs sold outside of the province.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on the Trade and Commerce power under section 91(2) of the Constitution Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
. The decision was the result of a growing political debate known as the "chicken and egg war" where Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
and Ontario enacted protectionist legislation for the egg and poultry
Poultry
Poultry are domesticated birds kept by humans for the purpose of producing eggs, meat, and/or feathers. These most typically are members of the superorder Galloanserae , especially the order Galliformes and the family Anatidae , commonly known as "waterfowl"...
industry preventing Manitoba
Manitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
from selling their eggs and poultry products in those provinces. To much of the public's surprise the Court struck down a provincial statute regulating the marketing of eggs. The case somewhat contradicted the precedent case of Carnation Co. v. Quebec Agricultural Marketing Board
Carnation Co. v. Quebec Agricultural Marketing Board
Carnation Co. Ltd. v. Quebec Agricultural Marketing Board [1968] S.C.R. 238 is a leading constitutional decision of the Supreme Court of Canada on the federal authority over trade and commerce under section 91 of the Constitution Act, 1867...
, [1968] S.C.R. 238 which held that provincial law that has an incidental effect on other provinces is still valid.
The Court held that even though there was no direct evidence showing that there was extraprovincial effect of the provincial law, the potential effect was sufficient to find the law ultra vires
Ultra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
. The Court found that control of imports was essential to the provincial legislative scheme even though the law made no distinction between eggs produced inside or outside of the province. The Court distinguished the case from the Carnation decision by the fact that the Manitoba regulations intended to provide regulation of inter-provincial trade while in Carnation the law only has the effect of regulating inter-provincial trade.
In the aftermath of the decision, all 11 governments, the 10 governments of the provinces and the federal government, entered an agreement with the federal government which arranged a federal egg marketing scheme which created quotas for each of the provinces, and charged tariffs for eggs sold outside of the province.