''Johannesson v West St Paul (Rural Municipality of)''

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1 S.C.R. 297 is a leading

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decision on the federal jurisdiction over

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. This was also the first Supreme Court case to analyze the

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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 "

" 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 strip
and 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 {{canada-law-stub