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1931 Supreme(SC) 11

Proprietary Articles Trade Association and others – Appellant
Versus
Attorney General of Canada and others – Respondent


Advocates Appeared:
F.P. Varcoe, N.W. Rowell , Quebec, M. Alexander, L. Lawrence , F. Gahan, W.N. Tilley

Lord Atkin.—

This is an appeal from the Supreme Court of Canada on a reference by the Governor in Council under S. 55, Supreme Court Act. The questions submitted to the Court were :

(a) Is the Combines Investigation Act R. S. C. 1927, c. 26, ultra vires the Parliament of Canada either in whole or in part, and if so, in what particular or particulars or to what extent ?

(b) Is S. 498, Criminal Code, ultra vires the Parliament of Canada, and if so, in what particular or particulars or to what extent ?

The Supreme Court answered both questions in the negative.

The appellants are the Proprietary Articles Trade Association, who had been found by a commission appointed under the Combines Investigation Act to have been party to a combine as defined in the Act, and had been admitted to be heard on the reference under S. 55, sub-S. 4, Supreme Court Act. The other appellants are the Attorney-General for the Province of Quebec and the Attorney-General for the Province of Ontario. The reference involved important questions of constitutional law within the Dominion, and their Lordships have had the assistance of full and able argument in which all numerous relevant authorities were brought to their































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