''Johannesson v West St Paul (Rural Municipality of)''
952
Year 952 ( CMLII) was a leap year starting on Thursday (link will display the full calendar) of the Julian calendar.
Events
By place Europe
* Summer – At the Reichstag in Augsburg (assembled by King Otto I), joined by German nob ...
1 S.C.R. 297
is a leading
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
decision on the federal jurisdiction over
aeronautics
Aeronautics is the science or art involved with the study, design, and manufacturing of air flight–capable machines, and the techniques of operating aircraft and rockets within the atmosphere. The British Royal Aeronautical Society identifies ...
. This was also the first Supreme Court case to analyze the
peace, order, and good government
In many Commonwealth jurisdictions, the phrase "peace, order, and good government" (POGG) is an expression used in law to express the legitimate objects of legislative powers conferred by statute. The phrase appears in many Imperial Acts of ...
provision of the Constitution and was the beginning of its modern interpretation.
Background
Konnie Johannesson bought a plot of land near the
Red River to build a landing strip. The neighbourhood brought an action against him to prevent him from building the strip on the basis that it violated a new specially-enacted municipal law that regulated the building of aerodromes.
Decision
The majority held that aeronautics was a distinctive matter of national importance and so should reside within the exclusive jurisdiction of the federal government under the "
peace, order, and good government
In many Commonwealth jurisdictions, the phrase "peace, order, and good government" (POGG) is an expression used in law to express the legitimate objects of legislative powers conferred by statute. The phrase appears in many Imperial Acts of ...
" power.
In examining the test set out in ''
Ontario v. Canada Temperance Federation'', the Court found that the matter went "beyond local or provincial concern or interests and must from its inherent nature be the concern of the Dominion as a whole."
Aftermath
In 1949, Johannesson buil
the landing stripand ran it until his death in 1968. It was then sold and eventually ended up as a housing development. No trace of the airstrip exists today.
References
External links
Canadian federalism case law
Supreme Court of Canada cases
Supreme Court of Canada case articles without infoboxes
1952 in Canadian case law
Defunct airports in Manitoba
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