Hyperlawhypertext legal database Jones v. A.G. of New Brunswick [1975] 2 SCR 182

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Jones v. A.G. of New Brunswick

[1975] 2 SCR 182 Court SCC Decision date 1974-04-01 English

PartiesLeonard C. Jones Appellant·The Attorney General of New Brunswick Respondent·The Attorney General of Canada Intervenants·The Attorney General of Quebec Intervenants

Counsel (8)
J.T. Thorson, Q.C., and G.I. Milton, for the appellant.
J.J. Robinette, Q.C., and T.B. Smith, Q.C., for the Attorney General of Canada.
G.F. Gregory, Q.C., and S.J. Savoie, for the Attorney General of New Brunswick.
Jean Leahy, Q.C., Ross Goodwin, and Gilles Tremblay, for the Attorney General of Quebec.
Solicitor for the appellant: G. Irving Milton, Moncton.
Solicitor for the respondent, the Attorney General of Canada: D.S. Maxwell, Ottawa.
Solicitor for the respondent, the Attorney General for New Brunswick: Gordon F. Gregory, Fredericton.
Solicitor for the intervenant, the Attorney General for Quebec: Jean Leahy.

Judges Laskin, Bora; Martland, Ronald; Judson, Wilfred; Ritchie, Roland Almon; Spence, Wishart Flett; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; de Grandpré, Louis-Philippe

Delivered by Judgment of the Court

On appeal from New Brunswick

Subjects Constitutional law

Contents

Judgment of the Court

The judgment of the Court was delivered by

Are subsections (1), (3) and (4) of section 11 of the Official Languages Act, R.S.C. 1970, c. O-2, within the legislative competence of the Parliament of Canada, in so far as they purport to be applicable to proceedings in criminal matters in courts of criminal jurisdiction in the Province of New Brunswick?
Is section 23C of the Evidence Act, R.S.N.B. 1952, c. 74, within the legislative competence of the Legislature of New Brunswick?
Is section 14 of the Official Languages of New Brunswick Act, S.N.B. 1969, c. 14, within the legislative competence of the Legislature of New Brunswick?
If subsections (3) and (4) of section 11 of the Official Languages Act and section 23C of the Evidence Act are intra vires the Parliament of Canada and the Legislature of New Brunswick, respectively, does section 23C of the Evidence Act have the effect of making subsections (1) and (3) of section 11 of the Official Languages Act operative in New Brunswick?

[Page 185]

If question 4 is answered in the negative and section 14 of the Official Languages of New Brunswick Act is intra vires the Legislature of New Brunswick, will section 14 of the said Act, when proclaimed, have the effect of making subsections (1) and (3) of section 11 of the Official Languages Act operative in New Brunswick?

Footnotes

  1. [1] (1972), 5 N.B.R. (2d) 653, sub nom. Reference re Official Languages Act and the Official Languages of New Brunswick Act.
  2. [2] [1959] S.C.R. 497.
  3. [3] (1904), 34 S.C.R. 621.
  4. [4] [1958] S.C.R. 626.
  5. [5] [1910] A.C. 514.
  6. [6] (1968), 69 D.L.R.(2d) 530.
  7. [7] [1965] S.C.R. 798.

Statutes and regulations cited