Russell v. The Queen
Encyclopedia
Russell v. The Queen is a landmark Privy Council
decision regarding the interpretation of the Canadian Constitution Act, 1867
, and was one of the first cases explaining the interpretation of peace, order and good government
.
In 1878, the government of Canada passed the Canada Temperance Act
which allowed for a county or city to hold a plebiscite on banning the sale of alcohol. Fredericton
held such a plebiscite which was successful. Charles Russell, a local pub owner, was convicted under the Temperance Act of selling alcohol.
The previous Supreme Court of Canada decision of City of Fredericton v. The Queen had held that the law was intra vires under the Trade and Commerce clause
.
Russell had argued that Parliament cannot delegate its powers to any other part of government. The law can best be characterized as either falling into the provinces power to legislate on matters related to taverns and saloons (section 92(9)), property and civil rights
(section 92(13)), or matters of a local or private nature (section 92(16)).
The decision of the Council was given by Sir Montague Smith. Smith upheld the law as a valid exercise of federal power under the doctrine of "peace, order and good government" which means that any law that cannot be found to be allocated to the provincial head of power under section 92 must necessarily fall into the residual power granted to the federal government. He dismissed all of Russell's characterizations of the law. The law was found to be in relation to public order and safety, which precludes characterizing it as a matter of local nature, property and civil rights, or tavern and saloons.
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...
decision regarding the interpretation of the Canadian 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...
, and was one of the first cases explaining the interpretation of peace, order and good government
Peace, order and good government
In many Commonwealth jurisdictions, the phrase "peace, order and good government" is an expression used in law to express the legitimate objects of legislative powers conferred by statute...
.
In 1878, the government of Canada passed the Canada Temperance Act
Canada Temperance Act
The Canada Temperance Act was an Act of the Parliament of Canada in 1878, which provided for an option for municipalities to opt-in by plebiscite to a prohibitionary scheme...
which allowed for a county or city to hold a plebiscite on banning the sale of alcohol. Fredericton
Fredericton, New Brunswick
Fredericton is the capital of the Canadian province of New Brunswick, by virtue of the provincial parliament which sits there. An important cultural, artistic, and educational centre for the province, Fredericton is home to two universities and cultural institutions such as the Beaverbrook Art...
held such a plebiscite which was successful. Charles Russell, a local pub owner, was convicted under the Temperance Act of selling alcohol.
The previous Supreme Court of Canada decision of City of Fredericton v. The Queen had held that the law was intra vires under the Trade and Commerce clause
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...
.
Russell had argued that Parliament cannot delegate its powers to any other part of government. The law can best be characterized as either falling into the provinces power to legislate on matters related to taverns and saloons (section 92(9)), property and civil rights
Property and civil rights
In Canadian constitutional law, section 92 of the Constitution Act, 1867 provides the provincial government with the exclusive authority to legislate on matters related to property and civil rights in the Province. Note that civil rights in this context is different from what is understood as civil...
(section 92(13)), or matters of a local or private nature (section 92(16)).
The decision of the Council was given by Sir Montague Smith. Smith upheld the law as a valid exercise of federal power under the doctrine of "peace, order and good government" which means that any law that cannot be found to be allocated to the provincial head of power under section 92 must necessarily fall into the residual power granted to the federal government. He dismissed all of Russell's characterizations of the law. The law was found to be in relation to public order and safety, which precludes characterizing it as a matter of local nature, property and civil rights, or tavern and saloons.