Special leave to appeal to the Privy Council could be barred by Canadian legislation after the Statute of Westminster.

After the Statute of Westminster, 1931, the Canadian Parliament had competence to bar special leave to appeal to the Privy Council in criminal matters because the Dominion legislature possessed plenary authority within its sphere and the former Imperial-law restraints no longer applied. The power to regulate the criminal appeal system extended by necessary intendment to abolish or limit such appeals, even without express words displacing the prerogative. The earlier Nadan reasoning was confined to the now-removed objections of repugnancy to Imperial enactments and extra-territorial operation, so the impugned provision was valid and the petition failed on the preliminary objection.

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Issues: Whether the Canadian Parliament had competence, after the Statute of Westminster, 1931, to enact a provision barring special leave to appeal to His Majesty in Council in criminal cases, and whether the impugned section validly barred the petition.

Analysis: The relevant constitutional scheme treated the Dominion Parliament as a legislature of plenary authority within its assigned sphere, and the Statute of Westminster removed the two obstacles that had previously defeated similar legislation, namely repugnancy to Imperial enactments and the objection based on extra-territorial operation. The special leave appeal to the Privy Council was part of the Canadian system of criminal justice and appeals, and its regulation or prohibition could be effected by Dominion legislation by necessary intendment, even though the prerogative was not displaced in express terms. The earlier decision in Nadan was understood as resting on those two former limitations and not as negativing any wider legislative power once those limitations were removed.

Conclusion: The impugned section was within the legislative competence of Canada and validly barred the petition.

Final Conclusion: The petition failed on the preliminary objection, and the merits were not considered.

Ratio Decidendi: A Dominion legislature may, by necessary intendment under its constitutional powers, regulate or abolish special leave appeals to the Privy Council in matters within its competence once Imperial-law restraints and the doctrine of extra-territorial incapacity no longer apply.

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