Subsequent Treatment of The Decision
The oral reasons of James L.J. were not reported in the official reports, and are not part of the formal record of the Privy Council. The only source for the reasons for judgment is the text-book, Wheeler's Confederation Law of Canada, published in 1896. The author of that text explained that the reasons were taken from the shorthand notes of Mr. Groves, one of the solicitors for the respondent.
In 1892, the Judicial Committee again considered the scope of s. 93 of theConstitution Act, 1867, in the case of City of Winnipeg v. Barrett. The case was argued and decided prior to the publication of the Wheeler text. The Judicial Committee did not refer to its own previous decision in Maher v. Town Council of Portland. Instead, counsel in that case referred the Committee to the parallel decision of the Supreme Court of New Brunswick, Ex parte Renaud, which had been published in the New Brunswick case reports.
Following the publication of the reasons for the decision in Wheeler's Confederation Law of Canada, the Maher case has been cited approvingly by the courts. Both the Supreme Court and the Judicial Committee have relied upon the Maher decision.
Read more about this topic: Maher V. Town Council Of Portland
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