''Reference Re Alberta Statutes'', also known as the Alberta Press case and the Alberta Press Act Reference, is a landmark
reference
Reference is a relationship between objects in which one object designates, or acts as a means by which to connect to or link to, another object. The first object in this relation is said to ''refer to'' the second object. It is called a ''name'' ...
of the
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 ...
where several provincial laws, including one restricting the press, were struck down and the existence of an
implied bill of rights
The Implied Bill of Rights () is a judicial theory in Canadian jurisprudence that recognizes that certain basic principles are underlying the Constitution of Canada.
The concept of an implied bill of rights develops out of Canadian federalism. ...
protecting civil liberties such as a free press was first proposed.
Background
The province of
Alberta
Alberta ( ) is one of the thirteen provinces and territories of Canada. It is part of Western Canada and is one of the three prairie provinces. Alberta is bordered by British Columbia to the west, Saskatchewan to the east, the Northwest Ter ...
, under the
Social Credit
Social credit is a distributive philosophy of political economy developed by C. H. Douglas. Douglas attributed economic downturns to discrepancies between the cost of goods and the compensation of the workers who made them. To combat what he ...
government of
William Aberhart
William Aberhart (December 30, 1878 – May 23, 1943), also known as "Bible Bill" for his outspoken Baptist views, was a Canadian politician and the seventh premier of Alberta from 1935 to his death in 1943. He was the founder and first leader o ...
had passed several laws as part of a series of reforms inspired by
social credit
Social credit is a distributive philosophy of political economy developed by C. H. Douglas. Douglas attributed economic downturns to discrepancies between the cost of goods and the compensation of the workers who made them. To combat what he ...
economic theory. Arising from the
1937 Social Credit backbenchers' revolt
The 1937 Social Credit backbenchers' revolt took place from March to June 1937 in the Canadian province of Alberta. It was a rebellion against Premier William Aberhart by a group of backbench (not part of the cabinet) members of the Legislative A ...
, the
Legislative Assembly of Alberta
The Legislative Assembly of Alberta is the deliberative assembly of the province of Alberta, Canada. It sits in the Alberta Legislature Building in Edmonton. The Legislative Assembly currently has 87 members, elected first past the post from singl ...
passed several Acts to implement the Social Credit agenda, to which
royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
was given:
:* ''Credit of Alberta Regulation Act'' (requiring all bankers to obtain a license from the Social Credit Commission)
:* ''Bank Employees Civil Rights Act'' (preventing unlicensed banks and their employees from initiating civil actions)
:* ''Judicature Act Amendment Act'' (preventing any person from challenging the constitutionality of Alberta's laws in court without receiving the approval of the
Lieutenant-Governor in Council
The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of ap ...
)
In August 1937, the federal government
disallowed all three Acts. The
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 ...
, in answering
reference question
In Canadian law, a reference question or reference case (formally called abstract review) is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concer ...
s posed by the federal government, unanimously ruled that such disallowance was valid.
Following the disallowance, the Alberta legislature passed the following bills in October 1937:
:* Bill No. 1 ''Bank Taxation Act'' (levying provincial taxes on banks' paid-up capital and reserve funds at punitive rates)
:* Bill No. 8 ''Credit of Alberta Regulation Act, 1937'' (similar to the previous disallowed Act, but covering all "credit institutions")
:* Bill No. 9 ''
Accurate News and Information Act
The ''Accurate News and Information Act'' (complete title: ''An Act to Ensure the Publication of Accurate News and Information'') was a statute passed by the Legislative Assembly of Alberta, Canada, in 1937, at the instigation of William Aberhar ...
'' (requiring newspapers to print "clarifications" of stories considered inaccurate by the
Social Credit Board
The Social Credit Board was a committee in Alberta, Canada from 1937 until 1948. Composed of Social Credit backbenchers in the Legislative Assembly of Alberta, it was created in the aftermath of the 1937 Social Credit backbenchers' revolt. Its ma ...
, and to reveal their sources on demand, and also authorizing the provincial government to prohibit the publication of any newspaper, any article by a given writer, or any article making use of a given source)
All bills were
reserved
Reserved is a Polish apparel retailer headquartered in Gdańsk, Pomeranian Voivodeship, Pomerania, Poland. It was founded in 1999 and remains the largest company of the LPP (company), LPP group, which has more than 1,700 retail stores located in ...
by Lieutenant-Governor
John C. Bowen
John Campbell Bowen (October 3, 1872 – January 2, 1957) was a clergyman, insurance broker and long serving politician. He served as an alderman in the City of Edmonton and went on to serve as a member of the Legislative Assembly of Alberta fr ...
. As a result, the federal government posed
reference question
In Canadian law, a reference question or reference case (formally called abstract review) is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concer ...
s to the Supreme Court as to whether it was ''
intra vires
('beyond the powers') is a List of Latin phrases, Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may ...
'' the provincial legislature to pass any of those measures.
Reference to the Supreme Court of Canada
All six members of the Court declared the subject matter of all the bills as ''
ultra vires
('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed ...
'' 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
A currency, "in circulation", from la, currens, -entis, literally meaning "running" or "traversing" is a standardization of money in any form, in use or circulation as a medium of exchange, for example banknotes and coins.
A more general def ...
, banks and banking, and
trade and commerce.
As to the ''
Accurate News and Information Act
The ''Accurate News and Information Act'' (complete title: ''An Act to Ensure the Publication of Accurate News and Information'') was a statute passed by the Legislative Assembly of Alberta, Canada, in 1937, at the instigation of William Aberhar ...
'', 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
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subj ...
of the ''
British North America Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...
'', 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.
Appeal to the Privy Council
The Board declared that, as the ''Alberta Social Credit Act'' had been subsequently repealed by the Alberta legislature,
[SA 1938, c. 4] Bills 8 and 9 could not be brought into operation, as their provisions were contingent on actions of the now-abolished Social Credit Board. Therefore, the question was
moot
Moot may refer to:
* Mootness, in American law: a point where further proceedings have lost practical significance; whereas in British law: the issue remains debatable
* Moot court, an activity in many law schools where participants take part in s ...
, and they expressed no opinion on them.
As to Bill 1, the Board agreed with the opinion of
Kerwin J (concurred in by
Crocket J) that:
Accordingly, the bill was in
pith and substance
Pith and substance is a legal doctrine in Canadian constitutional interpretation used to determine under which head of power a given piece of legislation falls. The doctrine is primarily used when a law is challenged on the basis that one level of ...
a measure to regulate banking, and was thus ''ultra vires'' the province.
Significance
The SCC ruling was one of the foundation cases leading to the recognition of an
Implied Bill of Rights
The Implied Bill of Rights () is a judicial theory in Canadian jurisprudence that recognizes that certain basic principles are underlying the Constitution of Canada.
The concept of an implied bill of rights develops out of Canadian federalism. ...
in Canadian constitutional law.
References
{{DEFAULTSORT:Alberta Statutes Reference
Supreme Court of Canada cases
Judicial Committee of the Privy Council cases on appeal from Canada
Canadian freedom of expression case law
Alberta case law
Canadian federalism case law
Political history of Alberta
1938 in Canadian case law
Supreme Court of Canada reference question cases
Social credit
Banking case law in Canada
Media case law
Monarchy in Canada