R. v. Coote is a court case dealing with the constitutional law

Constitutional law

Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....

 of Canada

Canada

Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

, decided by the Judicial Committee of the Privy Council

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...

, at that time the court of last resort for Canada within the British Empire

British Empire

The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...

. It was the first decision by the Judicial Committee dealing with 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...

(formerly the British North America Act, 1867). The Judicial Committee held that the Province of Quebec had the constitutional authority to create a mandatory inquiry power for provincial fire commissioners. The Judicial Committee also held that evidence given by an individual in response to a mandatory inquiry could later be used as evidence against that individual in a criminal prosecution for arson.

The Facts of the Case

In 1871, there was a fire in the warehouse owned by the accused, Edward Coote, in Montreal, Quebec. Fire commissioners appointed under provincial law investigated the fire. In the course of their investigation, they twice interrogated Mr Coote. Under the authority granted by provincial law, Mr Coote was required to respond to the questions of the fire commissioners. Subsequently, Mr Coote was charged with four counts of arson with intent to defraud various insurance companies. He was tried before a single judge of the Quebec Court of Queen's Bench, sitting with a jury. The Crown successfully entered the two depositions in evidence. The jury convicted Mr Coote. The trial judge reserved questions of law for the full Court to consider, including the validity of the provincial statute and the admissibility of the depositions in evidence against the accused.

Decision of the Court Below

On 15 March 1872, the Quebec Court of Queen's Bench

Quebec Court of Appeal

The Court of Appeal for Quebec is the highest judicial court in Quebec, Canada....

 allowed the accused's appeal, in a 3-2 decision. The majority held that while the provincial statute in question was within the constitutional authority of the Province, the depositions could not be admitted in the criminal trial. The Court quashed the guilty verdict.

Decision of the Judicial Committee

The Crown appealed from the Quebec Queen's Bench to the Judicial Committee of the Privy Council, sitting in London. (The 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...

 had not yet been created.) As the accused did not appear by counsel, the Committee heard the case ex parte on 11 March 1873 and gave its decision on 18 March 1873, allowing the Crown appeal.

Sir Robert P. Collier gave the decision for the Committee. He briefly disposed of the constitutional issue, referring to the lower court's conclusion that the law was within provincial jurisdiction and stating that the Committee agreed with that ruling.

The main focus of his decision was on the issue of the admissibility of the two depositions in the subsequent criminal trial. He concluded that "... the depositions on Oath of a Witness legally taken are evidence against him, should he be subsequently tried on a criminal charge", except for questions which the witness had objected to answering. He also concluded that the fire commissioners did not have any duty to warn Mr Coote of his right to have counsel present, since they had not arrested him at the time of the questioning.

As a result, the Committee advised Her Majesty that the appeal should be allowed, that the conviction at trial be affirmed and that the Quebec Court of Queen's Bench pass sentence on Mr Coote.

Subsequent Reliance on the Decision

The Supreme Court of Canada continues to cite the Coote case with approval, for the proposition that the provinces have the constitutional authority to enact legislation creating public inquiries with the power to compel testimony from witnesses. .