Lord Thankerton:-

This appeal by special leave challenges the constitutional validity of the Farmers' Creditors Arrangement Act, 1934, which was enacted by the Dominion Parliament as Chap. 53 of the Statutes of Canada, 1934. The following question was referred to the Supreme Court of Canada by the Governor-General in Council on 18th November 1935, namely :

Is the Farmers' Creditors Arrangement Act, 1934, as amended by the Farmers' Creditors Arrangement Act Amendment Act 1935, or any of the provisions thereof, and in what particular or particulars or to what extent, ultra vires of the Parliament of Canada ?

Before the Supreme Court, the argument was presented by counsel on behalf of the Attorney-General of Canada and on behalf of the Attorneys-General of Ontario, Quebec, New Brunswick, British Columbia, Manitoba and Saskatchewan. On 17th June 1936, the judgment of the Supreme Court was delivered, and in the formal order the opinion of the Court is expressed as follows :

The Chief Justice, Rinfret, Crocket, Davis and Kerwin, JJ. are of the opinion that the statute is intra vires; Cannon, J. is of the opinion that the statute, except S. 17, is ultra vires and that S. 17 is intra vires.

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