Law and the Constitution in Canada Essay Example | Topics and Well Written Essays - 250 words - 2

Law and the Constitution in Canada - Essay Example In Canada, AG v. Canada Temperance Federation [1946] AC193, 2 DLR, provided for an exemplary display of judicial independence. During the case, the conflict to be resolved was a court suit challenging the Canadian Federation Act (CFA) was valid. In the ruling, the court declined the validity of the CFA1. The issue that brought conflict was the constitutionality of the Canadian Temperance Act. The concern of Peace, order, Good and Governance (POGG) became known. During the 4-2 majority ruling, the court further affirmed that the Act was within the legislative constitutionality competence of the parliament. Secondly, Johannesson v West St. Paul 1952 (SCC) portrayed judicial independence as an important recipe in restoring order to Municipality Acts2. During the case, the plaintiff argued that he wanted a designated place for his aerodromes. Under the Municipality Act had prohibited his aerodromes because of the noise they generate. However, the Supreme Court of Canada (SCC) by majority ruled that the issue was of a national importance and was within exclusive jurisdiction of the federal government under the POGG3. In addition, Russell v The Queen had declared the Canadian Temperance Act as constitutional when it was challenged at the SCC. Moreover, during the R. v. Crown Zellerbach Canada Ltd [1988] 1 S.C.R. 401, the SCC upheld the validity of the Ocean Dumping Act that today, form part of Canadian Environment Protection Act4. Despite coming to sharp criticism, the SCC and judicial independence have transcended the Canadian judicial system as the answer to conflicting definition and jurisdiction of the federal and provincial