Crevier v. Quebec
Encyclopedia
Crevier v. Quebec, [1981] 2 S.C.R. 220 is a leading Supreme Court of Canada
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 in administrative law. The Court had to decide whether a Quebec-created Professionals Tribunal was unconstitutional due to being a "s. 96 court" according 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...

, whose members can only be federally appointed. It found that any legislation which has a privative clause
Privative clause
In administrative law, a privative clause is a provision in a statute that tries to remove a court’s ability to review decisions of a tribunal . In the UK they are known as "ouster clauses"....

 purporting to exclude review of jurisdictional matters is outside the jurisdiction of a provincial legislature.

Facts

The decision examined the Professional Code, a Quebec statute which governed 38 professional corporations. The law required each of the corporations to establish a discipline committee in conformity with the code that would examine allegations of professional misconduct.

History

The Quebec Court of Appeal had ruled that the law was not ultra vires the Quebec legislature because it did not create a s. 96 court.

External links

  • Full decision on CanLII
    CanLII
    The Canadian Legal Information Institute is a non-profit organization created and funded by the Federation of Law Societies of Canada, on behalf of its 14 member law societies...

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