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R v Crown Zellerbach Canada Ltd

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R v Crown Zellerbach Canada Ltd
Supreme Court of Canada
Supreme Court of Canada
Hearing: N/A
Judgment: March 24, 1988
Citations[1988] 1 SCR 401
Prior historyAct found ultra vires at trial, BCCA dismissed appeal
RulingAct is intra vires, appeal allowed
Holding
All matters relating to polluting the ocean are within the exclusive jurisdiction of the federal government owing to the national concern branch of the "peace, order, and good government" clause.
Court membership
Reasons given

R v Crown Zellerbach Canada Ltd [1988] 1 S.C.R. 401, is a leading constitutional decision of the Supreme Court of Canada. The Court upheld the validity of the Ocean Dumping Act - now part of the Canadian Environmental Protection Act - finding that all matters related to polluting the ocean are within the exclusive jurisdiction of the federal government owing to the national concern branch of the "peace, order, and good government" clause in the British North America Act, 1867 (now known as the Constitution Act, 1867).

Majority opinion written by Le Dain J (Dickson C.J. and McIntyre, Wilson and Le Dain JJ). Minority opinion written by La Forest J (Beetz, Lamer and La Forest JJ. dissenting).

See also


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