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. [1] 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. [2] [3]
The Parliament of Canada abolished appeals to the Judicial Committee of criminal cases in 1933 [4] and civil cases in 1949. [5] Ongoing cases that had begun before those dates remained appealable to the Judicial Committee. [6] 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.
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.
Year | Number of Cases | Appeal Allowed | Appeal Dismissed | ||
---|---|---|---|---|---|
1867 | 6 | 3 | 50% | 3 | 50% |
1868 | 2 | 1 | 50% | 1 | 50% |
1869 | 2 | 1 | 50% | 1 | 50% |
Total Cases | 10 | 5 | 50.0% | 5 | 50.0% |
Yearly Averages | 3.3 | 1.7 | 1.7 | ||
Province | Number of Cases |
---|---|
Ontario | 0 |
Quebec | 9 |
Nova Scotia | 1 |
New Brunswick | 0 |
Total | 10 |
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.
Year | Number of Cases | Appeal Allowed | Appeal Dismissed | ||
---|---|---|---|---|---|
1870 | 4 | 2 | 50.0% | 2 | 50.0% |
1871 | 1 | 0 | 0.0% | 1 | 100.0% |
1872 | 7 | 2 | 28.6% | 5 | 71.4% |
1873 | 13 | 7 | 53.8% | 6 | 46.2% |
1874 | 12 | 7 | 58.3% | 5 | 41.7% |
1875 | 7 | 3 | 42.9% | 4 | 57.1% |
1876 | 10 | 3 | 30.0% | 7 | 70% |
1877 | 4 | 2 | 50.0% | 2 | 50.0% |
1878 | 7 | 0 | 0.0% | 7 | 100.0% |
1879 | 3 | 0 | 0.0% | 3 | 100.0% |
Total Cases | 68 | 26 | 38.2% | 42 | 61.8% |
Yearly Averages | 6.8 | 2.6 | 4.2 | ||
Province | Number of Cases | On Appeal from Supreme Court of Canada | On Appeal from Provincial Courts | ||
---|---|---|---|---|---|
Ontario | 2 | 0 | 0.0% | 2 | 100.0% |
Quebec | 56 | 2 | 3.6% | 54 | 96.4% |
Nova Scotia | 6 | 0 | 0.0% | 6 | 100.0% |
New Brunswick | 4 | 0 | 0.0% | 4 | 100.0% |
Manitoba | 0 | 0 | 0.0% | 0 | 0.0% |
British Columbia | 0 | 0 | 0.0% | 0 | 0.0% |
Prince Edward Island | 0 | 0 | 0.0% | 0 | 0.0% |
Total | 68 | 2 | 3.0% | 66 | 97.0% |
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.
Year | Number of Cases | Appeal Allowed | Appeal Dismissed | ||
---|---|---|---|---|---|
1880 | 5 | 2 | 40.0% | 3 | 60.0% |
1881 | 3 | 2 | 66.7% | 1 | 33.3% |
1882 | 5 | 2 | 40.0% | 3 | 60% |
1883 | 11 | 7 | 63.6% | 4 | 36.4% |
1884 | 4 | 1 | 25.0% | 3 | 75.0% |
1885 | 5 | 1 | 20.0% | 4 | 80.0% |
1886 | 9 | 3 | 33.3% | 6 | 66.7% |
1887 | 6 | 2 | 33.3% | 4 | 66.7% |
1888 | 8 | 0 | 0.0% | 8 | 100.0% |
1889 | 10 | 2 | 20.0% | 8 | 80.0% |
Total Cases | 66 | 22 | 33.3% | 44 | 66.7% |
Yearly Averages | 6.6 | 2.2 | 4.4 | ||
Jurisdiction | Number of Cases | On Appeal from Supreme Court of Canada | On Appeal from Other Courts | ||
---|---|---|---|---|---|
Federal | 3 | 3 | 100.0% | 0 | 0.0% |
Ontario | 17 | 12 | 70.6% | 5 | 29.4% |
Quebec | 31 | 8 | 25.8% | 23 | 74.2% |
Nova Scotia | 8 | 1 | 12.5% | 7 | 87.5% |
New Brunswick | 5 | 3 | 60.0% | 2 | 40.0% |
Manitoba | 1 | 0 | 0.0% | 1 | 100.0% |
British Columbia | 0 | 0 | 0.0% | 0 | 0.0% |
Prince Edward Island | 0 | 0 | 0.0% | 0 | 0.0% |
North-West Territories [lower-alpha 1] | 1 | 0 | 0.0% | 1 | 100.0% |
Total | 66 | 27 | 40.9% | 39 | 59.1% |
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.
Year | Number of Cases | Appeal Allowed | Appeal Dismissed | ||
---|---|---|---|---|---|
1890 | 2 | 1 | 50.0% | 1 | 50.0% |
1891 | 2 | 1 | 50.0% | 1 | 50.0% |
1892 | 10 | 5 | 50.0% | 5 | 50.0% |
1893 | 6 | 3 | 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 | 76 | 31 | 40.8% | 45 | 59.2% |
Yearly Averages | 7.6 | 3.1 | 4.5 | ||
Jurisdiction | Number of Cases | On Appeal from Supreme Court of Canada | On Appeal from Other Courts | ||
---|---|---|---|---|---|
Federal | 6 | 6 | 100.0% | 0 | 0.0% |
Ontario | 17 | 6 | 35.3% | 11 | 64.7% |
Quebec | 32 | 5 | 15.6% | 27 | 84.4% |
Nova Scotia | 6 | 0 | 0.0% | 6 | 100.0% |
New Brunswick | 2 | 1 | 50.0% | 1 | 50.0% |
Manitoba | 5 | 2 | 40.0% | 3 | 60.0% |
British Columbia | 8 | 1 | 12.5% | 7 | 87.5% |
Prince Edward Island | 0 | 0 | 0.0% | 0 | 0.0% |
North-West Territories | 0 | 0 | 0.0% | 0 | 0.0% |
Yukon | 0 | 0 | 0.0% | 0 | 0.0% |
Total | 76 | 21 | 27.6% | 55 | 72.4% |
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.
Year | Number of Cases | Appeal Allowed | Appeal Dismissed | ||
---|---|---|---|---|---|
1900 | 6 | 3 | 50.0% | 3 | 50.0% |
1901 | 5 | 3 | 60.0% | 2 | 40.0% |
1902 | 10 | 5 | 50.0% | 5 | 50.0% |
1903 | 13 | 3 | 23.1% | 10 | 76.9% |
1904 | 14 | 5 | 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 | 118 | 50 | 42.4% | 68 | 57.6% |
Annual Averages | 11.8 | 4.2 | 5.8 | ||
Jurisdiction | Number of Cases | On Appeal from Supreme Court of Canada | On Appeal from Other Courts | ||
---|---|---|---|---|---|
Federal | 15 | 15 | 100.0% | 0 | 0.0% |
Ontario | 38 | 11 | 28.9% | 27 | 71.1% |
Quebec | 43 | 8 | 18.6% | 35 | 81.4% |
Nova Scotia | 2 | 0 | 0.0% | 2 | 100.0% |
New Brunswick | 2 | 1 | 50.0% | 1 | 50.0% |
Manitoba | 2 | 1 | 50.0% | 1 | 50.0% |
British Columbia | 13 | 2 | 15.4% | 11 | 84.6% |
Prince Edward Island | 0 | 0 | 0.0% | 0 | 0.0% |
North-West Territories | 1 | 1 | 100.0% | 0 | 0.0% |
Yukon | 2 | 2 | 100.0% | 0 | 0.0% |
Total | 118 | 41 | 34.7% | 77 | 65.3% |
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.
Year | Number of Cases | Appeal Allowed | Appeal Dismissed | ||
---|---|---|---|---|---|
1910 | 19 | 8 | 42.1% | 11 | 57.9% |
1911 | 16 | 6 | 37.5% | 10 | 62.5% |
1912 | 26 | 12 | 46.2% | 14 | 53.8% |
1913 | 19 | 14 | 73.7% | 5 | 26.3% |
1914 | 30 | 10 | 33.3% | 20 | 66.7% |
1915 | 11 | 6 | 54.5% | 5 | 45.5% |
1916 [lower-alpha 1] | 23 | 9 | 39.1% | 13 | 56.5% |
1917 | 14 | 4 | 28.6% | 10 | 71.4% |
1918 | 8 | 3 | 37.5% | 5 | 62.5% |
1919 | 36 | 11 | 30.6% | 25 | 69.4% |
Total Cases | 202 | 83 | 41.1% | 118 | 58.4% |
Yearly Averages | 20.2 | 8.3 | 11.8 | ||
Jurisdiction | Number of Cases | On Appeal from Supreme Court of Canada | On Appeal from Other Courts | ||
---|---|---|---|---|---|
Federal | 19 | 18 | 94.7% | 1 | 5.3% |
Ontario | 63 | 13 | 20.6% | 50 | 79.4% |
Quebec | 37 | 10 | 27.0% | 27 | 73.9% |
Nova Scotia | 8 | 5 | 62.5% | 3 | 37.5% |
New Brunswick | 1 | 1 | 100.0% | 0 | 0.0% |
Manitoba | 13 | 1 | 7.7% | 12 | 92.3% |
British Columbia | 47 | 6 | 12.8% | 41 | 87.2% |
Prince Edward Island | 0 | 0 | 0.0% | 0 | 0.0% |
Saskatchewan | 5 | 2 | 40.0% | 3 | 60.0% |
Alberta | 11 | 3 | 27.3% | 8 | 72.7% |
Northwest Territories | 0 | 0 | 0.0% | 0 | 0.0% |
Yukon | 0 | 0 | 0.0% | 0 | 0.0% |
Total | 204 | 59 | 28.9% | 145 | 71.1% |
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.
Year | Number of Cases | Appeal Allowed | Appeal Dismissed | ||
---|---|---|---|---|---|
1920 | 19 | 10 | 52.6% | 9 | 47.4% |
1921 | 17 | 6 | 35.3% | 11 | 64.7% |
1922 [lower-alpha 1] | 18 | 7 | 38.9% | 11 | 61.1% |
1923 | 19 | 6 | 31.6% | 13 | 68.4% |
1924 | 17 | 9 | 52.9% | 8 | 47.1% |
1925 | 18 | 9 | 50.0% | 9 | 50.0% |
1926 | 21 | 8 | 38.1% | 13 | 61.9% |
1927 [lower-alpha 2] | 14 | 2 | 14.3% | 11 | 78.6% |
1928 | 16 | 5 | 31.3% | 11 | 68.7% |
1929 | 15 | 7 | 46.7% | 8 | 53.3% |
Total Cases | 174 | 69 | 39.7% | 104 | 59.8% |
Yearly Averages | 17.4 | 6.9 | 10.4 | ||
Jurisdiction | Number of Cases | On Appeal from Supreme Court of Canada | On Appeal from Other Courts | ||
---|---|---|---|---|---|
Original Jurisdiction (Reference Question) [lower-alpha 1] | 1 | — | 0.0% | — | 0.0% |
Federal | 26 | 22 | 84.6% | 4 | 15.4% |
Ontario | 40 | 5 | 12.5% | 35 | 87.5% |
Quebec | 53 | 18 | 34.0% | 35 | 66.0% |
Nova Scotia | 8 | 3 | 37.5% | 5 | 62.5% |
New Brunswick | 4 | 0 | 0.0% | 4 | 100.0% |
Manitoba | 5 | 1 | 20.0% | 4 | 80.0% |
British Columbia | 23 | 6 | 26.1% | 17 | 73.9% |
Prince Edward Island | 0 | 0 | 0.0% | 0 | 0.0% |
Saskatchewan | 3 | 0 | 0.0% | 3 | 100.0% |
Alberta | 10 | 4 | 40.0% | 6 | 60.0% |
North-West Territories | 0 | 0 | 0.0% | 0 | 0.0% |
Yukon | 1 | 0 | 0.0% | 1 | 100.0% |
Total | 174 | 59 | 33.9% | 114 | 65.5% |
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.
Year | Number of Cases | Appeal Allowed | Appeal Dismissed | ||
---|---|---|---|---|---|
1930 | 15 | 6 | 40.0% | 9 | 60.0% |
1931 | 18 | 10 | 55.6% | 8 | 44.4% |
1932 | 15 | 8 | 53.3% | 7 | 46.7% |
1933 | 14 | 6 | 42.9% | 8 | 57.1% |
1934 | 16 | 7 | 43.8% | 9 | 56.2% |
1935 | 13 | 2 | 15.4% | 11 | 84.6% |
1936 | 8 | 4 | 50.0% | 4 | 50.0% |
1937 | 19 | 8 | 42.1% | 11 | 57.9% |
1938 | 11 | 4 | 36.4% | 7 | 63.6% |
1939 | 11 | 2 | 18.2% | 9 | 81.8% |
Total Cases | 140 | 57 | 40.7% | 83 | 59.3% |
Yearly Averages | 14 | 5.7 | 8.3 | ||
Jurisdiction | Number of Cases | On Appeal from Supreme Court of Canada | On Appeal from Other Courts | ||
---|---|---|---|---|---|
Federal | 39 | 35 | 89.7% | 4 | 10.3% |
Ontario | 39 | 4 | 10.3% | 35 | 89.7% |
Quebec | 26 | 6 | 23.1% | 20 | 76.9% |
Nova Scotia | 3 | 2 | 66.7% | 1 | 33.3% |
New Brunswick | 1 | 1 | 100.0% | 0 | 0.0% |
Manitoba | 5 | 4 | 80.0% | 1 | 20.0% |
British Columbia | 20 | 3 | 15.0% | 17 | 85.0% |
Prince Edward Island | 0 | 0 | 0.0% | 0 | 0.0% |
Saskatchewan | 1 | 0 | 0.0% | 1 | 100.0% |
Alberta | 6 | 1 | 16.7% | 5 | 83.3% |
Newfoundland | 0 | 0 | 0.0% | 0 | 0.0% |
North-West Territories | 0 | 0 | 0.0% | 0 | 0.0% |
Yukon | 0 | 0 | 0.0% | 0 | 0.0% |
Total | 140 | 56 | 40.0% | 84 | 60.0% |
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.
Year | Number of Cases | Appeal Allowed | Appeal Dismissed | ||
---|---|---|---|---|---|
1940 | 4 | 2 | 50.0% | 2 | 50.0% |
1941 | 3 | 3 | 100.0% | 0 | 0.0% |
1942 | 5 | 1 | 20.0% | 4 | 80.0% |
1943 | 3 | 1 | 33.3% | 2 | 66.7% |
1944 | 2 | 1 | 50.0% | 1 | 50.0% |
1945 | 3 | 2 | 66.7% | 1 | 33.3% |
1946 | 11 | 2 | 18.2% | 9 | 81.8% |
1947 | 5 | 2 | 40.0% | 3 | 60.0% |
1948 | 4 | 2 | 50.0% | 2 | 50.0% |
1949 | 6 | 3 | 50.0% | 3 | 50.0% |
Total Cases | 46 | 19 | 41.3% | 27 | 58.7% |
Yearly Averages | 4.6 | 1.9 | 2.7 | ||
Jurisdiction | Number of Cases | On Appeal from Supreme Court of Canada | On Appeal from Other Courts | ||
---|---|---|---|---|---|
Federal | 15 | 15 | 100.0% | 0 | 0.0% |
Ontario | 10 | 3 | 30.0% | 7 | 70.0% |
Quebec | 4 | 2 | 50.0% | 2 | 50.0% |
Nova Scotia | 0 | 0 | 0.0% | 0 | 0.0% |
New Brunswick | 4 | 4 | 100.0% | 0 | 0.0% |
Manitoba | 1 | 1 | 100.0% | 0 | 0.0% |
British Columbia | 5 | 1 | 20.0% | 4 | 80.0% |
Prince Edward Island | 0 | 0 | 0.0% | 0 | 0.0% |
Saskatchewan | 3 | 2 | 66.7% | 1 | 33.3% |
Alberta | 4 | 2 | 50.0% | 2 | 50.0% |
North-West Territories | 0 | 0 | 0.0% | 0 | 0.0% |
Yukon | 0 | 0 | 0.0% | 0 | 0.0% |
Total | 46 | 30 | 65.2% | 16 | 34.8% |
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.
Year | Number of Cases | Appeal Allowed | Appeal Dismissed | ||
---|---|---|---|---|---|
1950 | 4 | 3 | 75.0% | 1 | 25.0% |
1951 | 7 | 4 | 57.1% | 3 | 42.9% |
1952 | 6 | 5 | 83.3% | 1 | 16.7% |
1953 | 6 | 2 | 33.3% | 4 | 66.7% |
1954 | 2 | 1 | 50.0% | 1 | 50.0% |
1955 | 4 | 3 | 75.0% | 1 | 25.0% |
1956 | 0 | 0 | 0.0% | 0 | 0.0% |
1957 | 0 | 0 | 0.0% | 0 | 0.0% |
1958 | 0 | 0 | 0.0% | 0 | 0.0% |
1959 | 2 | 1 | 50.0% | 1 | 50.0% |
Total Cases | 31 | 19 | 61.3% | 12 | 38.7% |
Yearly Averages | 3.1 | 1.9 | 1.2 | ||
Jurisdiction | Number of Cases | On Appeal from Supreme Court of Canada | On Appeal from Other Courts | ||
---|---|---|---|---|---|
Federal | 8 | 8 | 100.0% | 0 | 0.0% |
Ontario | 8 | 4 | 50.0% | 4 | 50.0% |
Quebec | 3 | 3 | 100.0% | 0 | 0.0% |
Nova Scotia | 0 | 0 | 0.0% | 0 | 0.0% |
New Brunswick | 1 | 1 | 100.0% | 0 | 0.0% |
Manitoba | 2 | 2 | 100.0% | 0 | 0.0% |
British Columbia | 3 | 3 | 100.0% | 0 | 0.0% |
Prince Edward Island | 0 | 0 | 0.0% | 0 | 0.0% |
Saskatchewan | 1 | 1 | 100.0% | 0 | 0.0% |
Alberta | 5 | 3 | 60.0% | 2 | 40.0% |
Newfoundland | 0 | 0 | 0.0% | 0 | 0.0% |
North-West Territories | 0 | 0 | 0.0% | 0 | 0.0% |
Yukon | 0 | 0 | 0.0% | 0 | 0.0% |
Total | 31 | 25 | 80.6% | 6 | 19.4% |
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