List of Canadian appeals to the Judicial Committee of the Privy Council

This is a comprehensive list of cases originating in Canada decided by the Judicial Committee of the Privy Council, in Britain.

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.Debra Parks, Precedent Unbound? Contemporary Approaches to Precedent in Canada (Vancouver: UBC Allard Faculty Publications, 2007), p.3, at 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.James G. Snell and Frederick Vaughan, The Supreme Court of Canada: History of the Institution (Toronto: Osgoode Society, 1985), pp. 4–9, 42.Catharine MacMillan, "Canadian Cases before the Judicial Committee of the Privy Council", at Judicial Committee of the Privy Council Case papers, Institute of Advanced Legal Studies, University of London, last updated February 17, 2021.

The Parliament of Canada abolished appeals to the Judicial Committee of criminal cases in 1933Criminal Code Amendment Act S.C. 1932–33, c. 53, s. 17 and civil cases in 1949.Supreme Court Amendment Act, S.C. 1949 (2nd. session), c. 37, s. 3 Ongoing cases that had begun before those dates remained appealable to the Judicial Committee.Bora Laskin, The Hamlyn Lectures, Twenty-First Series: The British Tradition in Canadian Law (London: Stevens & Sons, 1969), pp. 1–3, at 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.

1867–1869 List of cases For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1867–1869.

Summary by year and result Year Number of Cases Appeal Allowed Appeal Dismissed1867 6 350%3 50%1868 2 1 50%1 50%1869 2 1 50% 1 50%Total Cases 10550.0% 550.0%Yearly Averages 3.31.7 1.7

Summary by province

Province Number of CasesOntario 0Quebec 9Nova Scotia 1New Brunswick 0Total 10

1870–1879 List of cases For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1870–1879.

Summary by year and result

Year Number of Cases Appeal Allowed Appeal Dismissed18704 250.0%250.0%1871100.0%1 100.0%18727228.6% 5 71.4%187313 753.8% 6 46.2%187412758.3% 5 41.7%18757342.9% 457.1%187610 330.0% 7 70%18774 2 50.0% 250.0%18787 00.0% 7 100.0%18793 00.0% 3 100.0%Total Cases 682638.2% 4261.8%Yearly Averages 6.82.64.2

Summary by province and court appealed from Province Number of Cases On Appeal from Supreme Court of Canada On Appeal from Provincial CourtsOntario 2 00.0%2100.0%Quebec 5623.6%5496.4%Nova Scotia 6 0 0.0%6100.0%New Brunswick 4 00.0%4100.0%Manitoba 0 00.0%00.0%British Columbia 0 00.0%00.0%Prince Edward Island 000.0%00.0%Total 68 23.0%6697.0%

1880–1889 List of cases For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1880–1889.

Summary by year and result Year Number of Cases Appeal Allowed Appeal Dismissed1880 5240.0%360.0%1881 3266.7%133.3%1882 5240.0% 360%1883 117 63.6% 4 36.4%1884 4 1 25.0% 375.0%1885 5120.0% 480.0%1886 9 3 33.3% 6 66.7%1887 62 33.3% 466.7%1888 8 00.0% 8100.0%1889 10 2 20.0% 8 80.0%Total Cases 662233.3% 4466.7%Yearly Averages 6.62.24.4

Summary by jurisdiction and court appealed from Jurisdiction Number of Cases On Appeal from Supreme Court of Canada On Appeal from Other CourtsFederal 3 3100.0%00.0%Ontario 171270.6%529.4%Quebec 31825.8%2374.2%Nova Scotia 81 12.5%787.5%New Brunswick 5360.0%240.0%Manitoba 10 0.0%1100.0%British Columbia 000.0%00.0%Prince Edward Island 000.0%00.0%North-West Territories100.0%1100.0%Total 66 2740.9%3959.1%

1890–1899 List of cases For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1890–1899.

Summary by year and result

Year Number of Cases Appeal Allowed Appeal Dismissed1890 2 150.0%150.0%1891 2 150.0%150.0%1892 10 5 50.0% 5 50.0%1893 63 50.0% 3 50.0%1894 6 2 33.3% 4 66.7%1895 11 3 27.3% 8 72.7%1896 12 6 50.0% 6 50.0%1897 6 1 16.7% 5 83.3%1898 8 5 62.5% 3 37.5%1899 13 4 30.8% 9 69.2%Total Cases 763140.8% 4559.2%Yearly Averages 7.63.14.5

Summary by jurisdiction and court appealed from Jurisdiction Number of Cases On Appeal from Supreme Court of Canada On Appeal from Other CourtsFederal 6 6 100.0%00.0%Ontario 17 635.3%1164.7%Quebec 32515.6%2784.4%Nova Scotia 6 0 0.0%6100.0%New Brunswick 2 150.0%150.0%Manitoba 5 2 40.0%360.0%British Columbia 8 112.5%787.5%Prince Edward Island 0 00.0%00.0%North-West Territories 0 00.0%00.0%Yukon 0 00.0%00.0%Total 76 2127.6%5572.4%

1900–1909 List of cases For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1900–1909.

Summary by year and result Year Number of Cases Appeal Allowed Appeal Dismissed1900 6350.0%350.0%1901 5360.0%240.0%1902 10 550.0%5 50.0%1903 13 3 23.1% 10 76.9%1904 145 35.7% 9 64.3%1905 9 6 66.7% 3 33.3%1906 18 6 33.3% 12 66.7%1907 15 8 53.3% 7 46.7%1908 14 5 35.7% 9 64.3%1909 14 6 42.9% 8 57.1%Total Cases 1185042.4% 6857.6%Annual Averages 11.84.25.8

Summary by jurisdiction and court appealed from Jurisdiction Number of Cases On Appeal from Supreme Court of Canada On Appeal from Other CourtsFederal 15 15100.0%00.0%Ontario 38 1128.9%2771.1%Quebec 43 8 18.6%3581.4%Nova Scotia 2 00.0%2100.0%New Brunswick 2 150.0%150.0%Manitoba 2 150.0%150.0%British Columbia 13 215.4%1184.6%Prince Edward Island 0 00.0%00.0%North-West Territories 1 1100.0%00.0%Yukon 2 2100.0%00.0%Total 118 4134.7%7765.3%

1910–1919 List of cases For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1910–1919.

Summary by year and result

Year Number of Cases Appeal Allowed Appeal Dismissed1910 19 8 42.1% 1157.9%191116 6 37.5%1062.5%191226 1246.2% 14 53.8%191319 1473.7% 526.3%191430 1033.3% 20 66.7%191511 654.5% 545.5%191623 939.1% 1356.5%191714 4 28.6% 1071.4%19188 3 37.5% 5 62.5%191936 1130.6%2569.4%Total Cases 2028341.1%11858.4%Yearly Averages 20.2 8.3 11.8

Summary by jurisdiction and court appealed from

Jurisdiction Number of Cases On Appeal from Supreme Court of Canada On Appeal from Other CourtsFederal 19 1894.7%15.3%Ontario 63 1320.6%5079.4%Quebec 37 1027.0%2773.9%Nova Scotia 8 562.5%337.5%New Brunswick 1 1100.0%00.0%Manitoba 13 17.7%1292.3%British Columbia 47 612.8%4187.2%Prince Edward Island 0 00.0%00.0%Saskatchewan 5 240.0%360.0%Alberta 11 327.3%872.7%Northwest Territories 0 00.0%00.0%Yukon 0 00.0%00.0%Total 2045928.9%14571.1%

1920–1929 List of cases For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1920–1929.

Summary by year and result Year Number of Cases Appeal Allowed Appeal Dismissed1920 19 1052.6%947.4%1921 17 635.3%11 64.7%1922 18738.9%11 61.1%192319631.6%1368.4%192417952.9%847.1%192518950.0%950.0%192621838.1%1361.9%192714214.3%1178.6%192816531.3%1168.7%192915746.7%853.3%Total Cases 1746939.7% 10459.8%Yearly Averages 17.46.910.4

Summary by jurisdiction and court appealed from Jurisdiction Number of Cases On Appeal from Supreme Court of Canada On Appeal from Other CourtsOriginal Jurisdiction (Reference Question)1—0.0%—0.0%Federal 262284.6%415.4%Ontario 40512.5%3587.5%Quebec 531834.0%3566.0%Nova Scotia 8337.5%562.5%New Brunswick 400.0%4100.0%Manitoba 5120.0%480.0%British Columbia 23626.1%1773.9%Prince Edward Island 000.0%00.0%Saskatchewan 300.0%3100.0%Alberta 10440.0%660.0%North-West Territories 000.0%00.0%Yukon 100.0%1100.0%Total 1745933.9%11465.5%

1930–1939 List of cases For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1930–1939.

Summary by year and result Year Number of Cases Appeal Allowed Appeal Dismissed193015640.0%960.0%1931181055.6%844.4%193215853.3%746.7%193314642.9%857.1%193416743.8%956.2%193513215.4%1184.6%19368450.0%450.0%193719842.1%1157.9%193811436.4%763.6%193911218.2%981.8%Total Cases 1405740.7% 8359.3%Yearly Averages 145.78.3

Summary by jurisdiction and court appealed from Jurisdiction Number of Cases On Appeal from Supreme Court of Canada On Appeal from Other CourtsFederal 393589.7%410.3%Ontario 39410.3%3589.7%Quebec 26623.1%2076.9%Nova Scotia 3266.7%133.3%New Brunswick 11100.0%00.0%Manitoba 5480.0%120.0%British Columbia 20315.0%1785.0%Prince Edward Island 000.0%00.0%Saskatchewan 100.0%1100.0%Alberta 6116.7%583.3%Newfoundland 000.0%00.0%North-West Territories 000.0%00.0%Yukon 000.0%00.0%Total 1405640.0%8460.0%

1940–1949 List of cases For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1940–1949.

Summary by year and result Year Number of Cases Appeal Allowed Appeal Dismissed19404250.0%250.0%194133100.0%00.0%19425120.0%480.0%19433133.3%266.7%19442150.0%150.0%19453266.7%133.3%194611218.2%981.8%19475240.0%360.0%19484250.0%250.0%19496350.0%350.0%Total Cases 461941.3% 2758.7%Yearly Averages 4.61.92.7

Summary by jurisdiction and court appealed from Jurisdiction Number of Cases On Appeal from Supreme Court of Canada On Appeal from Other CourtsFederal 1515100.0%00.0%Ontario 10330.0%770.0%Quebec 4250.0%250.0%Nova Scotia 000.0%00.0%New Brunswick 44100.0%00.0%Manitoba 11100.0%00.0%British Columbia 5120.0%480.0%Prince Edward Island 000.0%00.0%Saskatchewan 3266.7%133.3%Alberta 4250.0%250.0%North-West Territories 000.0%00.0%Yukon 000.0%00.0%Total 463065.2%1634.8%

1950–1959 List of cases For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1950–1959.

Summary by year and result Year Number of Cases Appeal Allowed Appeal Dismissed19504375.0%125.0%19517457.1%342.9%19526583.3%116.7%19536233.3%466.7%19542150.0%150.0%19554375.0%125.0%1956000.0%00.0%1957000.0%00.0%1958000.0%00.0%19592150.0%150.0%Total Cases 311961.3% 1238.7%Yearly Averages 3.11.91.2

Summary by jurisdiction and court appealed from Jurisdiction Number of Cases On Appeal from Supreme Court of Canada On Appeal from Other CourtsFederal 88100.0%00.0%Ontario 8450.0%450.0%Quebec 33100.0%00.0%Nova Scotia 000.0%00.0%New Brunswick 11100.0%00.0%Manitoba 22100.0%00.0%British Columbia 33100.0%00.0%Prince Edward Island 000.0%00.0%Saskatchewan 11100.0%00.0%Alberta 5360.0%240.0%Newfoundland 000.0%00.0%North-West Territories 000.0%00.0%Yukon 000.0%00.0%Total 312580.6%619.4%

See also List of Supreme Court of Canada cases List of House of Lords cases

References

Sources British and Irish Legal Information Institute: Privy Council Decisions

External links British and Irish Legal Information Institute