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Russell v The Queen
First case considering the federal "peace, order and good government" power
Court
Judicial Committee of the Privy Council
Full case name
Charles Russell v The Queen
Decided
23 June 1882
Citations
[1882] UKPC 33, 7 App.Cas. 829, 8 CRAC 502
Case history
Prior actions
City of Fredericton v The Queen (1880), 3 SCR 505, 2 Cart 27
Appealed from
Supreme Court of New Brunswick
Court membership
Judges sitting
Sir Barnes Peacock
Sir Montague Smith
Sir Robert P. Collier
Sir James Hannen
Sir Richard Couch
Case opinions
Decision by
Sir Montague Smith
Keywords
temperance, peace, order and good government, constitutional interpretation
Russell v The Queen is a Canadian constitutional law decision dealing with the power of the federal Parliament. The case was decided in 1882 by the Judicial Committee of the Privy Council, at that time the highest court in the British Empire, including Canada. The Judicial Committee held that the Canada Temperance Act was valid federal legislation under the peace, order and good government power, set out in section 91 of the Constitution Act, 1867. The case expanded upon the jurisprudence that was previously discussed in Citizen's Insurance Co. v. Parsons.
The underlying issue in the case was whether alcohol regulation was a matter of importance to the country as a whole, and therefore under federal jurisdiction, or whether it was a local matter, subject to provincial jurisdiction. The Canada Temperance Act asserted federal jurisdiction, but implemented on a local basis. The Judicial Committee upheld the validity of the federal statute.
Russell has been criticised by commentators over the past century as being an outlier in the case-law regarding the "peace, order and good government" power, but has never been formally overruled.
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