Margarine Reference Explained

Margarine Reference
Court:	Judicial Committee of the Privy Council
Full Name:	The Canadian Federation of Agriculture v The Attorney-General of Quebec and others
Date Decided:	16 October 1950
Citations:	[1950] UKPC 31, [1951] AC 179
Judges:	Lord Porter, Lord Simonds, Lord Morton of Henryton, Lord MacDermott, Lord Radcliffe
Number Of Judges:	5
Decision By:	Lord Morton of Henryton
Appealed From:	Reference re Validity of Section 5 (a) Dairy Industry Act. 1948. scc. 2. canlii. [1949] SCR 1. 1948-12-14. auto.

Reference Re Validity of Section 5(a) of the Dairy Industry Act (1949), also known as the Margarine Reference or as Canadian Federation of Agriculture v Quebec (AG),^[1] is a leading ruling of the Supreme Court of Canada, upheld on appeal to the Judicial Committee of the Privy Council, on determining if a law is within the authority of the Parliament of Canada's powers relating to criminal law. In this particular case, the Court found that a regulation made by Parliament was ultra vires. Though the regulation contained sufficient punitive sanctions, the subject matter contained within it was not the kind that served a public purpose.

The case was decided by the Judicial Committee of the Privy Council on appeal from the Supreme Court of Canada, as the cause for appeal arose before the abolition of such appeals in 1949.^[2] The decision by Rand J was upheld in 1951, and the case has been cited in federalism disputes many times since.

Background

Under Section 91(27) of the Constitution Act, 1867, Parliament receives exclusive powers to legislate in regard to the criminal law. The precise meaning of the criminal law power, however, had proved controversial. In the Board of Commerce case, the JCPC seemingly chose to define criminal law power as limited to prohibiting only what was criminal in 1867 (the year of Canadian Confederation). This was overturned in Proprietary Articles Trade Assn. v. A.-G. Can. (1931), in which it was found criminal law means Parliament could legitimately prohibit any act "with penal consequences." The problem with the latter decision was that it gave Parliament an excuse to legislate in regard to many matters.

The matter came before the courts again with the Margarine Reference, where the following reference question was posed to the Supreme Court of Canada:

In this case, Parliament had legislated against the production and trade of margarine, in order to give dairy businesses assurances that margarine would not threaten their existence. This legislation actually dated back to 1886, and it was claimed in the law that the real purpose was to target a product that was "injurious to health." If true, that would have made margarine a fair target for criminal law, but the federal government admitted before the courts that the assessment was simply false.

At the Supreme Court of Canada

The Court ruled:

• the prohibition of importation of the goods mentioned in the section is intra vires of Parliament as legislation in relation to foreign trade (Locke J dissented, maintaining that the entire section was ultra vires while expressing no opinion as to the power of Parliament to ban importation by appropriate legislation).

• the prohibition of manufacture, offer, sale, or possession for sale of the goods mentioned is ultra vires of Parliament, as it is legislation in relation to property (Rinfret CJ and Kerwin J dissenting).

Rand J, in his concurring opinion for the majority, struck down the prohibition on production of margarine on the grounds that it was not valid criminal law. The prohibition on importation of margarine, however, was upheld under the federal Trade and Commerce power. He outlined a test to determine if a law fell under the criminal law:

Two requirements must be met for a law to be criminal in nature:

1. the law must be a prohibition with a penal sanction.
2. the law must be directed towards a public purpose.

Rand also listed a few objectives that would qualify as legitimate public purposes, namely "Public peace, order, security, health, morality."

The ruling was appealed to the Privy Council, on the grounds that the legislation was valid under the following:

1. the federal power under s. 91(2).
2. the federal power under s. 91(27).
3. the residual power for peace, order and good government.
4. the power relating to agriculture under s. 95.

At the Privy Council

The Supreme Court ruling was upheld by the Board, which responded to the points appealed thus:

• as noted in R. v. Eastern Terminal Elevator Co., the trade and commerce power does not extend to individual forms of trade and commerce confined within a province

• the criminal law power is not unlimited, in agreeing with Rand J's observation:

• in citing the Labour Conventions Reference,^[3] the Board noted that the issue fell within the provincial power over property and civil rights

• s. 95 did not apply, as the Act did not interfere with the agricultural operations of farmers

See also

• McCray v. United States: US case on margarine food coloring
• Walter Rau Lebensmittelwerke v De Smedt PVBA: European case on margarine packaging
• List of Supreme Court of Canada cases (Richards Court through Fauteux Court)

Further reading

• Book: Hogg, Peter W.. Peter Hogg. Constitutional Law of Canada. 2003. Carswell. Toronto. 0-459-24085-4. 1357. 2003 Student.

Notes and References

1. The Canadian Federation of Agriculture v The Attorney-General of Quebec and others. UKPC. 1950. 31. 1. [1951] AC 179. 16 October 1950.
2. Supreme Court Amendment Act, S.C. 1949 (2nd. session), c. 37, s. 3
3. The Attorney General of Canada v The Attorney General of Ontario and others ("Labour Conventions Reference"). UKPC. 1937. 6. [1937] A.C. 326. 28 January 1937. P.C.. Canada. 1.