Reference Re Alberta Statutes - Reference To The Supreme Court of Canada

Reference To The Supreme Court of Canada

All six members of the Court declared the subject matter of all the bills as ultra vires the province. In addition, the Court ruled 5-0 (Cannon J expressing no opinion) that the Alberta Social Credit Act was unconstitutional as well, as it attempted to intrude on the federal powers relating to currency, banks and banking, and trade and commerce.

As to the Accurate News and Information Act, five of the six justices stated that, since the press bill was ancillary to the Alberta Social Credit Act which had been ruled ultra vires, the press bill was automatically as well, while Cannon J considered the subject matter of the bill to be solely under federal jurisdiction. In their concurring opinion for the majority, Duff CJ and Davis J argued that press freedom was too important to be left entirely to the provinces. The three judges argued that the preamble of the British North America Act, 1867, which states that Canada has a constitution similar to that of the United Kingdom, implies that freedom of the press is vital to Canada's democratic system.