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Fort Frances Pulp and Paper Co. v Manitoba Free Press Co., [1923] A.C. 695 ( PC)

Facts:

Regulation of prices for newsprint. Under War Measures Act gov regulated newsprint prices.

Issue(s):

Did the Dominion have constitutional authority to regulate the prices?

Ratio:

Dominion is excluded from trenching on property and civil rights in the Province, yet in a sufficiently great emergency, there is implied power to deal adequately with that emergency for the safety of the dominion as a whole – s.92 is not repealed in any way

Analysis:

In time of war, the provision of peace, order and good government for the country as a whole may involve effort on behalf of the whole nation, in which the interests of indivs may have to be subordinated to that of the community.

Very clear evidence that the crisis has wholly passed away would be required to justify the judiciary in overruling the decision of the Gov that exceptions measures were still requisite
*This case – no clear evidence that the Gov thought the matter had passed

Holding:

Cannot say the Dominion had not good reason for temporarily continuing the paper control after the war ceased – Appeal dismissed – upheld on POGG power


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