Final and exclusive Canadian appellate jurisdiction was upheld as within Dominion power under the constitutional scheme.

Section 101 of the British North America Act, 1867 was read as conferring plenary power on the Dominion Parliament to establish a general court of appeal for Canada, and the Statute of Westminster, 1931 removed earlier imperial impediments to legislation affecting appeals to His Majesty in Council. On that basis, the Parliament could make the Supreme Court of Canada's appellate jurisdiction final and exclusive, because an effective national appellate system necessarily included the power to exclude parallel appeals from provincial courts and to override conflicting provincial appellate competence. The proposed distinction between criminal and civil appeals, or between Dominion and provincial subject-matters, was rejected as inconsistent with a coherent Canadian appellate structure.

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Issues: Whether the Parliament of Canada had competence under the British North America Act, 1867 and the Statute of Westminster, 1931 to enact Bill 9 amending the Supreme Court Act so as to make the Supreme Court of Canada's appellate jurisdiction final and exclusive and to abolish appeals to His Majesty in Council from both the Supreme Court of Canada and the provincial courts.

Analysis: The relevant powers fell to be read with the constitutional scheme of the British North America Act, 1867, particularly sections 91, 92, 101 and 129, and in the light of the Statute of Westminster, 1931. The earlier constitutional impediments to Dominion legislation affecting appeals to His Majesty in Council had consisted in the Colonial Laws Validity Act, 1865, the pre-existing imperial appellate statutes, and the limitation on Dominion extra-territorial power. Those impediments were removed or qualified by the Statute of Westminster. Section 101 conferred upon the Dominion Parliament a plenary power to provide for a general court of appeal for Canada, and the words "notwithstanding anything in this Act" were treated as overriding provincial legislative competence insofar as appellate jurisdiction was concerned. The ability to establish a final appellate tribunal necessarily included authority to make that jurisdiction exclusive, since otherwise the constitutional objective of a single and sovereign Canadian appellate system would be frustrated. The distinction suggested between criminal matters and civil matters, or between Dominion and provincial subject-matters, was rejected as producing incoherent and conflicting appellate routes from the same provincial courts.

Conclusion: The Bill was held to be wholly within the competence of the Parliament of Canada, and the challenge to its validity failed.

Final Conclusion: Parliament of Canada could validly enact legislation conferring exclusive and ultimate appellate jurisdiction on the Supreme Court of Canada and abolishing appeals to His Majesty in Council, including appeals from provincial courts.

Ratio Decidendi: Where an imperial constitutional limitation on Dominion legislative power has been removed, section 101 of the British North America Act, 1867 authorizes the Dominion Parliament to create a final and exclusive appellate jurisdiction for Canada, notwithstanding any provincial power or pre-existing appeal to His Majesty in Council.

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