Opinion of The Council
The Council held that it was not in their power to determine if there was a "national emergency", it is entirely in the authority of Parliament to determine the existence of a national authority. An emergency is determined by common sense, thus World War I was clearly a "national emergency" and was sufficient reason to invoke the "emergency doctrine". Nonetheless, the Council noted, any use of the emergency power must be temporary. However, it was for the federal government to decide when the state of emergency was over, and as such, "very clear evidence that the crisis had wholly passed away would be required to justify the judiciary, even when the question raised was one of ultra vires which it had to decide, in over-ruling the decision of the Government that exceptional measures were still requisite."
This decision, like many others of its time, completely ignored the "national concern" doctrine established earlier in Russell v. The Queen.
Read more about this topic: Fort Frances Pulp And Paper V. Manitoba Free Press
Famous quotes containing the words opinion of the, opinion of, opinion and/or council:
“If in the opinion of the Tsars authors were to be the servants of the state, in the opinion of the radical critics writers were to be the servants of the masses. The two lines of thought were bound to meet and join forces when at last, in our times, a new kind of regime the synthesis of a Hegelian triad, combined the idea of the masses with the idea of the state.”
—Vladimir Nabokov (1899–1977)
“It is most important that we should keep in this country a certain leisured class.... I am of the opinion of the ancient Jewish book which says “there is no wisdom without leisure.””
—William Butler Yeats (1865–1939)
“You’ve no idea what a poor opinion I have of myself—and how little I deserve it.”
—Sir William Schwenck Gilbert (1836–1911)
“I haven’t seen so much tippy-toeing around since the last time I went to the ballet. When members of the arts community were asked this week about one of their biggest benefactors, Philip Morris, and its requests that they lobby the New York City Council on the company’s behalf, the pas de deux of self- justification was so painstakingly choreographed that it constituted a performance all by itself.”
—Anna Quindlen (b. 1952)