Viscount Simon.-

On 1st June 1939, the Lieutenant-Governor of Ontario in Council referred to the Supreme Court of Ontario under the provisions of the Constitutional Questions Act, R. S. Ont Cap. 130, the following question :

"Are Parts I, II and III of the Canada Temperance Act, Revised Statutes of Canada, 1927, Cap. 196, constitutionally valid in whole or in part, and if in part, in what respect ?"

On 26th September 1939, the Supreme Court by a majority (Riddell, Fisher, McTague and Gillanders JJA.) answered the question as follows:

"This Court is of opinion (Henderson J. dissenting) that Parts I, II and III, Canada Temperance Act, Revised Statutes of Canada 1927, cap. 196, are within the legislative competence of the Parliament of Canada."

Against this judgment, the Attorney-General for Ontario and the Moderation League of Ontario have appealed to the Judicial Committee and their appeal has been supported by the Attorneys-General of Alberta and New Brunswick who were admitted as interveners and were represented on the hearing. The appeal was opposed by counsel appearing for the Attorney-General of Canada and for several Temperance Federations The object of the appeal is to challenge t