From 1867 to 1949, the
Judicial Committee of the Privy Council was the highest court of appeal for Canada (and, separately, for Newfoundland, which did not
join Canada as a province until 1949). During this period, its decisions on Canadian appeals were binding precedent on all Canadian courts, including the
Supreme Court of Canada. Any decisions from this era that the Supreme Court of Canada has not overruled since gaining appellate supremacy in 1949 remain good law, and continue to bind all Canadian courts other than the Supreme Court.[1] As Canada's ultimate judicial authority for most of its first century as a country following
Confederation, the Judicial Committee had a considerable influence on the development of Canadian law, particularly constitutional law, where the
living tree doctrine first laid down in
Edwards v Canada (AG) remains a defining feature of Canadian constitutional interpretation.[2][3]
The
Parliament of Canada abolished appeals to the Judicial Committee of criminal cases in 1933[4] and civil cases in 1949.[5] Ongoing cases that had begun before those dates remained appealable to the Judicial Committee.[6] The final Judicial Committee ruling on a Canadian case was rendered in 1959, in Ponoka-Calmar Oils v Wakefield, an appeal from the Supreme Court.
^There was one case from the North-West Territories which went on appeal to the Manitoba Queen's Bench, since there was no appellate court in the North-West Territories as that time. The Judicial Committee dismissed an application for leave to appeal from the Manitoba Queen's Bench: Riel v Her Majesty the Queen,
[1885] UKPC 37.
^In one reference decision in this year, the Judicial Committee simply answered the questions without allowing or dismissing the appeal: Attorney General for Ontario and others v Attorney General for Canada and others,
[1916] UKPC 13.
^In one case in this year, the parties settled the case before the Judicial Committee rendered a decision:
Foley Brothers and others v. James A McIlwee and others,
[1922] UKPC 18. The case is not included in the statistics.
^One case this year was a direct reference by the British government, on the joint request of the governments of Canada and Newfoundland: In the Matter of the Boundary between the Dominion of Canada and the Colony of Newfoundland in the Labrador Peninsula,
[1927] UKPC 25. Since it was not an appeal, it is not included in the statistics for appeals allowed and dismissed.
^One case was a direct reference by the British government, on the joint request of the governments of Canada and Newfoundland: In the Matter of the Boundary between the Dominion of Canada and the Colony of Newfoundland in the Labrador Peninsula,
[1927] UKPC 25. It is not included in the totals of appeals from the Supreme Court or other courts.
From 1867 to 1949, the
Judicial Committee of the Privy Council was the highest court of appeal for Canada (and, separately, for Newfoundland, which did not
join Canada as a province until 1949). During this period, its decisions on Canadian appeals were binding precedent on all Canadian courts, including the
Supreme Court of Canada. Any decisions from this era that the Supreme Court of Canada has not overruled since gaining appellate supremacy in 1949 remain good law, and continue to bind all Canadian courts other than the Supreme Court.[1] As Canada's ultimate judicial authority for most of its first century as a country following
Confederation, the Judicial Committee had a considerable influence on the development of Canadian law, particularly constitutional law, where the
living tree doctrine first laid down in
Edwards v Canada (AG) remains a defining feature of Canadian constitutional interpretation.[2][3]
The
Parliament of Canada abolished appeals to the Judicial Committee of criminal cases in 1933[4] and civil cases in 1949.[5] Ongoing cases that had begun before those dates remained appealable to the Judicial Committee.[6] The final Judicial Committee ruling on a Canadian case was rendered in 1959, in Ponoka-Calmar Oils v Wakefield, an appeal from the Supreme Court.
^There was one case from the North-West Territories which went on appeal to the Manitoba Queen's Bench, since there was no appellate court in the North-West Territories as that time. The Judicial Committee dismissed an application for leave to appeal from the Manitoba Queen's Bench: Riel v Her Majesty the Queen,
[1885] UKPC 37.
^In one reference decision in this year, the Judicial Committee simply answered the questions without allowing or dismissing the appeal: Attorney General for Ontario and others v Attorney General for Canada and others,
[1916] UKPC 13.
^In one case in this year, the parties settled the case before the Judicial Committee rendered a decision:
Foley Brothers and others v. James A McIlwee and others,
[1922] UKPC 18. The case is not included in the statistics.
^One case this year was a direct reference by the British government, on the joint request of the governments of Canada and Newfoundland: In the Matter of the Boundary between the Dominion of Canada and the Colony of Newfoundland in the Labrador Peninsula,
[1927] UKPC 25. Since it was not an appeal, it is not included in the statistics for appeals allowed and dismissed.
^One case was a direct reference by the British government, on the joint request of the governments of Canada and Newfoundland: In the Matter of the Boundary between the Dominion of Canada and the Colony of Newfoundland in the Labrador Peninsula,
[1927] UKPC 25. It is not included in the totals of appeals from the Supreme Court or other courts.