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List of Canadian appeals to the Judicial Committee of the Privy Council

(Redirected from List of Judicial Committee of the Privy Council cases originating in Canada)
For appeals from the Newfoundland Supreme Court prior to Newfoundland joining Confederation, see List of Newfoundland appeals to the Judicial Committee of the Privy Council (pre-1949). For appeals from other parts of the British Empire, see List of Judicial Committee of the Privy Council cases.

This is a comprehensive list of cases originating in Canada decided by the Judicial Committee of the Privy Council, in Britain.

From 1867 to 1949, the Judicial Committee of the Privy Council was the highest court of appeal for Canada (and, separately, for Newfoundland, which did not join Canada as a province until 1949). During this period, its decisions on Canadian appeals were binding precedent on all Canadian courts, including the Supreme Court of Canada. Any decisions from this era that the Supreme Court of Canada has not overruled since gaining appellate supremacy in 1949 remain good law, and continue to bind all Canadian courts other than the Supreme Court.[1] As Canada's ultimate judicial authority for most of its first century as a country following Confederation, the Judicial Committee had a considerable influence on the development of Canadian law, particularly constitutional law, where the living tree doctrine first laid down in Edwards v Canada (AG) remains a defining feature of Canadian constitutional interpretation.[2][3]

The Parliament of Canada abolished appeals to the Judicial Committee of criminal cases in 1933[4] and civil cases in 1949.[5] Ongoing cases that had begun before those dates remained appealable to the Judicial Committee.[6] The final Judicial Committee ruling on a Canadian case was rendered in 1959, in Ponoka-Calmar Oils v Wakefield, an appeal from the Supreme Court.

1867–1869 edit

List of cases edit

For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1867–1869.

Summary by year and result edit

Year Number of Cases Appeal Allowed Appeal Dismissed
1867 6 3 50% 3 50%
1868 2 1 50% 1 50%
1869 2 1 50% 1 50%
Total Cases 10 5 50.0% 5 50.0%
Yearly Averages 3.3 1.7 1.7

Summary by province edit

Province Number of Cases
Ontario 0
Quebec 9
Nova Scotia 1
New Brunswick 0
Total 10

1870–1879 edit

List of cases edit

For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1870–1879.

Summary by year and result edit

Year Number of Cases Appeal Allowed Appeal Dismissed
1870 4 2 50.0% 2 50.0%
1871 1 0 0.0% 1 100.0%
1872 7 2 28.6% 5 71.4%
1873 13 7 53.8% 6 46.2%
1874 12 7 58.3% 5 41.7%
1875 7 3 42.9% 4 57.1%
1876 10 3 30.0% 7 70%
1877 4 2 50.0% 2 50.0%
1878 7 0 0.0% 7 100.0%
1879 3 0 0.0% 3 100.0%
Total Cases 68 26 38.2% 42 61.8%
Yearly Averages 6.8 2.6 4.2

Summary by province and court appealed from edit

Province Number of Cases On Appeal from Supreme Court of Canada On Appeal from Provincial Courts
Ontario 2 0 0.0% 2 100.0%
Quebec 56 2 3.6% 54 96.4%
Nova Scotia 6 0 0.0% 6 100.0%
New Brunswick 4 0 0.0% 4 100.0%
Manitoba 0 0 0.0% 0 0.0%
British Columbia 0 0 0.0% 0 0.0%
Prince Edward Island 0 0 0.0% 0 0.0%
Total 68 2 3.0% 66 97.0%

1880–1889 edit

List of cases edit

For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1880–1889.

Summary by year and result edit

Year Number of Cases Appeal Allowed Appeal Dismissed
1880 5 2 40.0% 3 60.0%
1881 3 2 66.7% 1 33.3%
1882 5 2 40.0% 3 60%
1883 11 7 63.6% 4 36.4%
1884 4 1 25.0% 3 75.0%
1885 5 1 20.0% 4 80.0%
1886 9 3 33.3% 6 66.7%
1887 6 2 33.3% 4 66.7%
1888 8 0 0.0% 8 100.0%
1889 10 2 20.0% 8 80.0%
Total Cases 66 22 33.3% 44 66.7%
Yearly Averages 6.6 2.2 4.4

Summary by jurisdiction and court appealed from edit

Jurisdiction Number of Cases On Appeal from Supreme Court of Canada On Appeal from Other Courts
Federal 3 3 100.0% 0 0.0%
Ontario 17 12 70.6% 5 29.4%
Quebec 31 8 25.8% 23 74.2%
Nova Scotia 8 1 12.5% 7 87.5%
New Brunswick 5 3 60.0% 2 40.0%
Manitoba 1 0 0.0% 1 100.0%
British Columbia 0 0 0.0% 0 0.0%
Prince Edward Island 0 0 0.0% 0 0.0%
North-West Territories[a] 1 0 0.0% 1 100.0%
Total 66 27 40.9% 39 59.1%
  1. ^ There was one case from the North-West Territories which went on appeal to the Manitoba Queen's Bench, since there was no appellate court in the North-West Territories as that time. The Judicial Committee dismissed an application for leave to appeal from the Manitoba Queen's Bench: Riel v Her Majesty the Queen, [1885] UKPC 37.

1890–1899 edit

List of cases edit

For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1890–1899.

Summary by year and result edit

Year Number of Cases Appeal Allowed Appeal Dismissed
1890 2 1 50.0% 1 50.0%
1891 2 1 50.0% 1 50.0%
1892 10 5 50.0% 5 50.0%
1893 6 3 50.0% 3 50.0%
1894 6 2 33.3% 4 66.7%
1895 11 3 27.3% 8 72.7%
1896 12 6 50.0% 6 50.0%
1897 6 1 16.7% 5 83.3%
1898 8 5 62.5% 3 37.5%
1899 13 4 30.8% 9 69.2%
Total Cases 76 31 40.8% 45 59.2%
Yearly Averages 7.6 3.1 4.5

Summary by jurisdiction and court appealed from edit

Jurisdiction Number of Cases On Appeal from Supreme Court of Canada On Appeal from Other Courts
Federal 6 6 100.0% 0 0.0%
Ontario 17 6 35.3% 11 64.7%
Quebec 32 5 15.6% 27 84.4%
Nova Scotia 6 0 0.0% 6 100.0%
New Brunswick 2 1 50.0% 1 50.0%
Manitoba 5 2 40.0% 3 60.0%
British Columbia 8 1 12.5% 7 87.5%
Prince Edward Island 0 0 0.0% 0 0.0%
North-West Territories 0 0 0.0% 0 0.0%
Yukon 0 0 0.0% 0 0.0%
Total 76 21 27.6% 55 72.4%

1900–1909 edit

List of cases edit

For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1900–1909.

Summary by year and result edit

Year Number of Cases Appeal Allowed Appeal Dismissed
1900 6 3 50.0% 3 50.0%
1901 5 3 60.0% 2 40.0%
1902 10 5 50.0% 5 50.0%
1903 13 3 23.1% 10 76.9%
1904 14 5 35.7% 9 64.3%
1905 9 6 66.7% 3 33.3%
1906 18 6 33.3% 12 66.7%
1907 15 8 53.3% 7 46.7%
1908 14 5 35.7% 9 64.3%
1909 14 6 42.9% 8 57.1%
Total Cases 118 50 42.4% 68 57.6%
Annual Averages 11.8 4.2 5.8

Summary by jurisdiction and court appealed from edit

Jurisdiction Number of Cases On Appeal from Supreme Court of Canada On Appeal from Other Courts
Federal 15 15 100.0% 0 0.0%
Ontario 38 11 28.9% 27 71.1%
Quebec 43 8 18.6% 35 81.4%
Nova Scotia 2 0 0.0% 2 100.0%
New Brunswick 2 1 50.0% 1 50.0%
Manitoba 2 1 50.0% 1 50.0%
British Columbia 13 2 15.4% 11 84.6%
Prince Edward Island 0 0 0.0% 0 0.0%
North-West Territories 1 1 100.0% 0 0.0%
Yukon 2 2 100.0% 0 0.0%
Total 118 41 34.7% 77 65.3%

1910–1919 edit

List of cases edit

For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1910–1919.

Summary by year and result edit

Year Number of Cases Appeal Allowed Appeal Dismissed
1910 19 8 42.1% 11 57.9%
1911 16 6 37.5% 10 62.5%
1912 26 12 46.2% 14 53.8%
1913 19 14 73.7% 5 26.3%
1914 30 10 33.3% 20 66.7%
1915 11 6 54.5% 5 45.5%
1916[a] 23 9 39.1% 13 56.5%
1917 14 4 28.6% 10 71.4%
1918 8 3 37.5% 5 62.5%
1919 36 11 30.6% 25 69.4%
Total Cases 202 83 41.1% 118 58.4%
Yearly Averages 20.2 8.3 11.8
  1. ^ In one reference decision in this year, the Judicial Committee simply answered the questions without allowing or dismissing the appeal: Attorney General for Ontario and others v Attorney General for Canada and others, [1916] UKPC 13.

Summary by jurisdiction and court appealed from edit

Jurisdiction Number of Cases On Appeal from Supreme Court of Canada On Appeal from Other Courts
Federal 19 18 94.7% 1 5.3%
Ontario 63 13 20.6% 50 79.4%
Quebec 37 10 27.0% 27 73.9%
Nova Scotia 8 5 62.5% 3 37.5%
New Brunswick 1 1 100.0% 0 0.0%
Manitoba 13 1 7.7% 12 92.3%
British Columbia 47 6 12.8% 41 87.2%
Prince Edward Island 0 0 0.0% 0 0.0%
Saskatchewan 5 2 40.0% 3 60.0%
Alberta 11 3 27.3% 8 72.7%
Northwest Territories 0 0 0.0% 0 0.0%
Yukon 0 0 0.0% 0 0.0%
Total 204 59 28.9% 145 71.1%

1920–1929 edit

List of cases edit

For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1920–1929.

Summary by year and result edit

Year Number of Cases Appeal Allowed Appeal Dismissed
1920 19 10 52.6% 9 47.4%
1921 17 6 35.3% 11 64.7%
1922[a] 18 7 38.9% 11 61.1%
1923 19 6 31.6% 13 68.4%
1924 17 9 52.9% 8 47.1%
1925 18 9 50.0% 9 50.0%
1926 21 8 38.1% 13 61.9%
1927[b] 14 2 14.3% 11 78.6%
1928 16 5 31.3% 11 68.7%
1929 15 7 46.7% 8 53.3%
Total Cases 174 69 39.7% 104 59.8%
Yearly Averages 17.4 6.9 10.4
  1. ^ In one case in this year, the parties settled the case before the Judicial Committee rendered a decision: Foley Brothers and others v. James A McIlwee and others, [1922] UKPC 18. The case is not included in the statistics.
  2. ^ One case this year was a direct reference by the British government, on the joint request of the governments of Canada and Newfoundland: In the Matter of the Boundary between the Dominion of Canada and the Colony of Newfoundland in the Labrador Peninsula, [1927] UKPC 25. Since it was not an appeal, it is not included in the statistics for appeals allowed and dismissed.

Summary by jurisdiction and court appealed from edit

Jurisdiction Number of Cases On Appeal from Supreme Court of Canada On Appeal from Other Courts
Original Jurisdiction (Reference Question)[a] 1 — 0.0% — 0.0%
Federal 26 22 84.6% 4 15.4%
Ontario 40 5 12.5% 35 87.5%
Quebec 53 18 34.0% 35 66.0%
Nova Scotia 8 3 37.5% 5 62.5%
New Brunswick 4 0 0.0% 4 100.0%
Manitoba 5 1 20.0% 4 80.0%
British Columbia 23 6 26.1% 17 73.9%
Prince Edward Island 0 0 0.0% 0 0.0%
Saskatchewan 3 0 0.0% 3 100.0%
Alberta 10 4 40.0% 6 60.0%
North-West Territories 0 0 0.0% 0 0.0%
Yukon 1 0 0.0% 1 100.0%
Total 174 59 33.9% 114 65.5%
  1. ^ One case was a direct reference by the British government, on the joint request of the governments of Canada and Newfoundland: In the Matter of the Boundary between the Dominion of Canada and the Colony of Newfoundland in the Labrador Peninsula, [1927] UKPC 25. It is not included in the totals of appeals from the Supreme Court or other courts.

1930–1939 edit

List of cases edit

For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1930–1939.

Summary by year and result edit

Year Number of Cases Appeal Allowed Appeal Dismissed
1930 15 6 40.0% 9 60.0%
1931 18 10 55.6% 8 44.4%
1932 15 8 53.3% 7 46.7%
1933 14 6 42.9% 8 57.1%
1934 16 7 43.8% 9 56.2%
1935 13 2 15.4% 11 84.6%
1936 8 4 50.0% 4 50.0%
1937 19 8 42.1% 11 57.9%
1938 11 4 36.4% 7 63.6%
1939 11 2 18.2% 9 81.8%
Total Cases 140 57 40.7% 83 59.3%
Yearly Averages 14 5.7 8.3

Summary by jurisdiction and court appealed from edit

Jurisdiction Number of Cases On Appeal from Supreme Court of Canada On Appeal from Other Courts
Federal 39 35 89.7% 4 10.3%
Ontario 39 4 10.3% 35 89.7%
Quebec 26 6 23.1% 20 76.9%
Nova Scotia 3 2 66.7% 1 33.3%
New Brunswick 1 1 100.0% 0 0.0%
Manitoba 5 4 80.0% 1 20.0%
British Columbia 20 3 15.0% 17 85.0%
Prince Edward Island 0 0 0.0% 0 0.0%
Saskatchewan 1 0 0.0% 1 100.0%
Alberta 6 1 16.7% 5 83.3%
Newfoundland 0 0 0.0% 0 0.0%
North-West Territories 0 0 0.0% 0 0.0%
Yukon 0 0 0.0% 0 0.0%
Total 140 56 40.0% 84 60.0%

1940–1949 edit

List of cases edit

For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1940–1949.

Summary by year and result edit

Year Number of Cases Appeal Allowed Appeal Dismissed
1940 4 2 50.0% 2 50.0%
1941 3 3 100.0% 0 0.0%
1942 5 1 20.0% 4 80.0%
1943 3 1 33.3% 2 66.7%
1944 2 1 50.0% 1 50.0%
1945 3 2 66.7% 1 33.3%
1946 11 2 18.2% 9 81.8%
1947 5 2 40.0% 3 60.0%
1948 4 2 50.0% 2 50.0%
1949 6 3 50.0% 3 50.0%
Total Cases 46 19 41.3% 27 58.7%
Yearly Averages 4.6 1.9 2.7

Summary by jurisdiction and court appealed from edit

Jurisdiction Number of Cases On Appeal from Supreme Court of Canada On Appeal from Other Courts
Federal 15 15 100.0% 0 0.0%
Ontario 10 3 30.0% 7 70.0%
Quebec 4 2 50.0% 2 50.0%
Nova Scotia 0 0 0.0% 0 0.0%
New Brunswick 4 4 100.0% 0 0.0%
Manitoba 1 1 100.0% 0 0.0%
British Columbia 5 1 20.0% 4 80.0%
Prince Edward Island 0 0 0.0% 0 0.0%
Saskatchewan 3 2 66.7% 1 33.3%
Alberta 4 2 50.0% 2 50.0%
North-West Territories 0 0 0.0% 0 0.0%
Yukon 0 0 0.0% 0 0.0%
Total 46 30 65.2% 16 34.8%

1950–1959 edit

List of cases edit

For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1950–1959.

Summary by year and result edit

Year Number of Cases Appeal Allowed Appeal Dismissed
1950 4 3 75.0% 1 25.0%
1951 7 4 57.1% 3 42.9%
1952 6 5 83.3% 1 16.7%
1953 6 2 33.3% 4 66.7%
1954 2 1 50.0% 1 50.0%
1955 4 3 75.0% 1 25.0%
1956 0 0 0.0% 0 0.0%
1957 0 0 0.0% 0 0.0%
1958 0 0 0.0% 0 0.0%
1959 2 1 50.0% 1 50.0%
Total Cases 31 19 61.3% 12 38.7%
Yearly Averages 3.1 1.9 1.2

Summary by jurisdiction and court appealed from edit

Jurisdiction Number of Cases On Appeal from Supreme Court of Canada On Appeal from Other Courts
Federal 8 8 100.0% 0 0.0%
Ontario 8 4 50.0% 4 50.0%
Quebec 3 3 100.0% 0 0.0%
Nova Scotia 0 0 0.0% 0 0.0%
New Brunswick 1 1 100.0% 0 0.0%
Manitoba 2 2 100.0% 0 0.0%
British Columbia 3 3 100.0% 0 0.0%
Prince Edward Island 0 0 0.0% 0 0.0%
Saskatchewan 1 1 100.0% 0 0.0%
Alberta 5 3 60.0% 2 40.0%
Newfoundland 0 0 0.0% 0 0.0%
North-West Territories 0 0 0.0% 0 0.0%
Yukon 0 0 0.0% 0 0.0%
Total 31 25 80.6% 6 19.4%

See also edit

References edit

  1. ^ Debra Parks, Precedent Unbound? Contemporary Approaches to Precedent in Canada (Vancouver: UBC Allard Faculty Publications, 2007), p.3, at [1]
  2. ^ James G. Snell and Frederick Vaughan, The Supreme Court of Canada: History of the Institution (Toronto: Osgoode Society, 1985), pp. 4–9, 42.
  3. ^ Catharine MacMillan, "Canadian Cases before the Judicial Committee of the Privy Council", at Judicial Committee of the Privy Council Case papers, Institute of Advanced Legal Studies, University of London, last updated February 17, 2021.
  4. ^ Criminal Code Amendment Act S.C. 1932–33, c. 53, s. 17
  5. ^ Supreme Court Amendment Act, S.C. 1949 (2nd. session), c. 37, s. 3
  6. ^ Bora Laskin, The Hamlyn Lectures, Twenty-First Series: The British Tradition in Canadian Law (London: Stevens & Sons, 1969), pp. 1–3, at [2]

Sources edit

External links edit

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