Majority
ditioned in licence. Its general language, therefore, cannot be held to include cases of both absolute and conditional prohibition which might permit us here to treat the refer- ence to the licence as surplusage. We must assume that the penalty provided by the Gold Export Act order was
J. considered ample for the purpose of enforcement but, whether that is so or not, we are not at liberty to treat an order made under other powers and with a different object as either supplementing the penalty or duplicating the offence, when its language is inappropriate and its assumption inapplicable.
The appeal, therefore, should be dismissed with costs.
Judgment of the Court
motion to quash for want of jurisdiction should be dismissed with costs. The respondent moved to quash on the following grounds:
(1) That the judgment of the Appellate Division is not a judgment in a judicial proceeding; and
(2) That the appeal was not properly allowed without the giving of proper security under section 70 of the Supreme Court Act.
As to the first ground.
We think the definition of "judicial proceeding" in the Supreme Court Act is a sufficient answer.
The Appellate Division of the Supreme Court of Alberta did not, in disposing of the appeal, exercise merely a regulative, administrative, or executive jurisdiction, but it determined substantive rights in controversy in the proceeding.
(Quebec Railway, Light & Power Co. v. Montcalm Land Co. and the City of Quebec (1).)
On the second ground it should be said that there are no words of limitation following the word "Crown" in section 70 of the Supreme Court Act. There is no reason to restrict the meaning of that word in section 70 to the Crown in right of the Dominion. We think the appellant is covered and protected by section 70 of the Act. (Attorney-General for Quebec v. Attorney-General for Canada (2); Attorney- General for Quebec v. Nipissing Central Railway Company and Attorney-General for Canada (3).
The motion ought, therefore, to be dismissed with costs. Motion dismissed with costs.