List_of_Judicial_Committee_of_the_Privy_Council_Cases_Originating_in_Canada

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

List of Canadian appeals to the JCPC

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.

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[7] There was one case from the North-West Territories which went on appeal to the Manitoba Queen's Bench, since there was no appellate court in the North-West Territories as that time. The Judicial Committee dismissed an application for leave to appeal from the Manitoba Queen's Bench: Riel v Her Majesty the Queen, [1885] UKPC 37.

[8] In one reference decision in this year, the Judicial Committee simply answered the questions without allowing or dismissing the appeal: Attorney General for Ontario and others v Attorney General for Canada and others, [1916] UKPC 13.

[9] In one case in this year, the parties settled the case before the Judicial Committee rendered a decision: Foley Brothers and others v. James A McIlwee and others, [1922] UKPC 18. The case is not included in the statistics.

[10] One case this year was a direct reference by the British government, on the joint request of the governments of Canada and Newfoundland: In the Matter of the Boundary between the Dominion of Canada and the Colony of Newfoundland in the Labrador Peninsula, [1927] UKPC 25. Since it was not an appeal, it is not included in the statistics for appeals allowed and dismissed.

[11] One case was a direct reference by the British government, on the joint request of the governments of Canada and Newfoundland: In the Matter of the Boundary between the Dominion of Canada and the Colony of Newfoundland in the Labrador Peninsula, [1927] UKPC 25. It is not included in the totals of appeals from the Supreme Court or other courts.

[1] [1]
Debra Parks, Precedent Unbound? Contemporary Approaches to Precedent in Canada (Vancouver: UBC Allard Faculty Publications, 2007), p.3, at

[2] [2]
James G. Snell and Frederick Vaughan, The Supreme Court of Canada: History of the Institution (Toronto: Osgoode Society, 1985), pp. 4–9, 42.

[3] [3]
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.

[4] [4]
Criminal Code Amendment Act S.C. 1932–33, c. 53, s. 17

[5] [5]
Supreme Court Amendment Act, S.C. 1949 (2nd. session), c. 37, s. 3

[6] [6]
Bora Laskin, The Hamlyn Lectures, Twenty-First Series: The British Tradition in Canadian Law (London: Stevens & Sons, 1969), pp. 1–3, at

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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

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%

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%

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

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

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%

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%

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%

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

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

List_of_Judicial_Committee_of_the_Privy_Council_Cases_Originating_in_Canada

1867–1869

List of cases

Summary by year and result

Summary by province

1870–1879

List of cases

Summary by year and result

Summary by province and court appealed from

1880–1889

List of cases

Summary by year and result

Summary by jurisdiction and court appealed from

1890–1899

List of cases

Summary by year and result

Summary by jurisdiction and court appealed from

1900–1909

List of cases

Summary by year and result

Summary by jurisdiction and court appealed from

1910–1919

List of cases

Summary by year and result

Summary by jurisdiction and court appealed from

1920–1929

List of cases

Summary by year and result

Summary by jurisdiction and court appealed from

1930–1939

List of cases

Summary by year and result

Summary by jurisdiction and court appealed from

1940–1949

List of cases

Summary by year and result

Summary by jurisdiction and court appealed from

1950–1959

List of cases

Summary by year and result

Summary by jurisdiction and court appealed from

See also

References

Sources

External links

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