Proprietary Articles Trade Association v. Attorney General of Canada
Encyclopedia
Proprietary Articles Trade Association v. Attorney General of Canada, [1931] A.C. 310 is a famous Canadian constitutional decision of the Judicial Committee of the Privy Council
on the Constitution's criminal law power under section 91(27).
Lord Atkin, writing for the Council, rejected the previous interpretation of criminal law in Canada by Lord Haldane in the Board of Commerce case as it froze the scope of criminal law to what was considered criminal at the time of confederation in 1867. Instead, Atkin offered a new definition:
This statement suggested two requirements for criminal law. It must consist of a prohibition and must impose a prison sentence.
case.
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
on the Constitution's criminal law power under section 91(27).
Lord Atkin, writing for the Council, rejected the previous interpretation of criminal law in Canada by Lord Haldane in the Board of Commerce case as it froze the scope of criminal law to what was considered criminal at the time of confederation in 1867. Instead, Atkin offered a new definition:
- The criminal quality of an act cannot be discerned by intuition; nor can it be discovered by reference to any standard but one: Is the act prohibited with penal consequences?
This statement suggested two requirements for criminal law. It must consist of a prohibition and must impose a prison sentence.
Aftermath
Atkin's definition only lasted until 1949 when it was once again redefined much more narrowly in the Margarine ReferenceMargarine Reference
Reference re Validity of Section 5 of the Dairy Industry Act , also known as the Margarine Reference or as Can. Federation of Agriculture v. A.-G. Que., is a leading opinion of the Supreme Court of Canada on determining if a law is within the authority of the federal government under the...
case.