Munro v. National Capital Commission S.C.R. 663 is a leading Supreme Court of Canada decision on the federal peace, order, and good government power, where the Court held that the zoning, expropriation and renovation of land within the National Capital Region, in the vicinity of Ottawa, is a matter under the authority of the federal government.
Typically, matters of city improvement, zoning and bylaws are in the exclusive power of the provincial government under the property and civil rights power of the Constitution Act, 1867. However, the unique nature of the City of Ottawa in relation to the federal government was the basis of giving authority to the federal government. The interpretation of the "national concern" branch of the peace, order, and good government clause is a significantly broad one.
The National Capital Commission, a federal body, sought approval from the Governor General to expropriate land for the creation of a green belt around Ottawa. The proposal was challenged as being beyond the power of the NCC.
A unanimous Court held that the NCC plan falls within the "national concern test" of the peace, order, and good government clause. To reach this conclusion the Court examined the pith and substance of the empowering legislation and found that the law was in relation to establishing the national capital region “in order that the nature and character of the seat of the Government of Canada may be in accordance with its national significance.” The Court then allocated the matter to a Constitutional head of power but found that it did not come within either section 92 (the provincial head of power) or section 91(1) (the federal head of power). Instead the Court held that it fell within Section 91 and the "national concern" branch of POGG as it deals with a “single matter of national interest” as in Canada Temperance Federation case
In short, Munro v. NCC confirmed an earlier ruling by the Court of the Exchequer which had declared that the NCC has power to implement its plans.
Famous quotes containing the words munro, national, capital and/or commission:
“Wit is often concise and sparkling, compressed into an original pun or metaphor. Brevity is said to be its soul. Humor can be more leisurely, diffused through a whole story or picture which undertakes to show some of the comic aspects of life. What it devalues may be human nature in general, by showing that certain faults or weaknesses are universal. As such it is kinder and more philosophic than wit which focuses on a certain individual, class, or social group.”
—Thomas Munro (1897–1974)
“What do we mean by patriotism in the context of our times? I venture to suggest that what we mean is a sense of national responsibility ... a patriotism which is not short, frenzied outbursts of emotion, but the tranquil and steady dedication of a lifetime.”
—Adlai Stevenson (1900–1965)
“There is no private house in which people can enjoy themselves so well as at a capital tavern.... No, Sir; there is nothing which has yet been contrived by man by which so much happiness is produced as by a good tavern or inn.”
—Samuel Johnson (1709–1784)
“Children cannot eat rhetoric and they cannot be sheltered by commissions. I don’t want to see another commission that studies the needs of kids. We need to help them.”
—Marian Wright Edelman (b. 1939)