Hyperlawhypertext legal database Life Underwriters Assn. of Canada v. Provincial Assn. of Quebec Life Underwriters [1992] 1 SCR 449

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Life Underwriters Assn. of Canada v. Provincial Assn. of Quebec Life Underwriters

[1992] 1 SCR 449 Court SCC Decision date 1992-02-26 Docket 22109 English

PartiesThe Life Underwriters Association of Canada/ Appellant·L'Association des assureurs‑vie du Canada Appellant·the Attorney General of Quebec Respondents·The Attorney General of Canada Interveners·the Attorney General of Manitoba and the Canadian Institute of Actuaries Interveners

Judges La Forest, Gérard V.; L'Heureux-Dubé, Claire; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Stevenson, William; Iacobucci, Frank

Decision 6–1 Majority (6) · La Forest J. (1)

On appeal from Federal Court of Appeal

Subjects Constitutional law

Contents

Majority

The judgment of the Court was delivered orally by

La Forest J.

La Forest J.‑‑ The Court is ready to hand down judgment. We are all of the view that the appeal should be allowed for the reasons given by the dissenting judge, Marceau J.A., of the Federal Court of Appeal in the following passage from his reasons, [1990] 3 F.C. 500, at p. 510:
I do not see why the mere conferring of a title would, under the Constitution, be reserved exclusively to the legislative power having authority to regulate the profession to which the title could be somehow related. To be called professional, it seems to me, a title, like a certificate, must be directly linked to the exercise of the profession; it must have consequences as to the right and ability of its holder to practice [sic] the profession. The conferring and holding of a professional title in that sense may, of course, be part of the regulation of the profession, but otherwise the conferring and holding of a title is a neutral act, it seems to me, unconstrained by the division of powers.
The appeal is, therefore, allowed with costs against the Attorney General of Quebec. The judgment of the Federal Court of Appeal is set aside in so far as it holds unconstitutional s. 2(e) of the Act to incorporate The Life Underwriters' Association of Canada, S.C. 1924, c. 104, and that provision is declared intra vires the Parliament of Canada.
Judgment accordingly.
Solicitors for the appellant: Sim, Hughes, Dimock, Toronto.
Solicitors for the respondent L'Association des intermédiaires en assurance de personnes du Québec: Leger, Robic & Richard, Montréal.
Solicitor for the respondent the Attorney General of Quebec: The Department of Justice, Ste‑Foy.
Solicitor for the intervener the Attorney General of Canada: John C. Tait, Ottawa.
Solicitor for the intervener the Attorney General of Manitoba: The Deputy Attorney General of Manitoba, Winnipeg.
Solicitors for the intervener the Canadian Institute of Actuaries: Langlois Robert, Montréal.

Cases cited

  • 3 F.C. 500 3 F.C. 500 p 510

Statutes and regulations cited

  • Unresolved citations
    • the Constitution
    • s. 2(e)