Crevier v. Quebec

Crevier v. Quebec
Supreme Court of Canada
Hearing: Judgment: 1981-10-20
Full case name: Crevier v. Quebec (Attorney General)
Holding
Any legislation which has a privative clause purporting to exclude review of jurisdictional matters is ultra vires a provincial legislature
Court membership
Chief Justice: Bora Laskin Puisne Justices: Ronald Martland, Roland Ritchie, Brian Dickson, Jean Beetz, Willard Estey, William McIntyre, Julien Chouinard, Antonio Lamer
Reasons given
Majority by: Laskin C.J.

Crevier v. Quebec, [1981] 2 S.C.R. 220 is a leading Supreme Court of Canada decision in administrative law. The Court had to decide whether a Quebec-created Professionals Tribunal was unconstitutional due to being a "s. 96 court" according the Constitution Act, 1867, whose members can only be federally appointed. It found that any legislation which has a privative clause purporting to exclude review of jurisdictional matters is outside the jurisdiction of a provincial legislature.^[1]

Facts

The decision examined the Professional Code, a Quebec statute which governed 38 professional corporations. The law required each of the corporations to establish a discipline committee in conformity with the code that would examine allegations of professional misconduct.

History

The Quebec Court of Appeal had ruled that the law was not ultra vires the Quebec legislature because it did not create a s. 96 court.^[2]

See also

• List of Supreme Court of Canada cases (Laskin Court)

Notes

1. ^ para. 19
2. ^ para. 11 of the judgement

External links

• Full decision on CanLII