Russell v. The Queen
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Russell v. The Queen (1882) is a famous Privy Council decision regarding the interpretation of the Canadian Constitution Act, 1867, and was one of the first cases establishing the doctrine of peace, order and good government.
In 1878, the government of Canada passed the Canada Temperance Act which allowed for a county or city to hold a plebiscite on banning the sale of alcohol. Fredericton held such a plebiscite which was successful. Charles Russell, a local pub owner, was convicted under the Temperance Act of selling alcohol.
The previous Supreme Court of Canada decision of City of Fredericton v. The Queen had held that the law was intra vires under the Trade and Commerce clause.
Russell had argued that Parliament cannot delegate its powers to any other part of government. The law can best be characterized as either falling into the provinces power to legislate on matters related to taverns and saloons (section 92(9)), property and civil rights (section 92(13)), or matters of a local or private nature (section 92(16)).
The decision of the Council was given by Sir Montague Smith. Smith upheld the law as a valid exercise of federal power under the doctrine of "peace, order and good government" which means that any law that cannot be found to be allocated to the provincial head of power under section 92 must necessarily fall into the residual power granted to the federal government. He dismissed all of Russell's characterizations of the law. The law was found to be in relation to public order and safety, which precludes characterizing it as a matter of local nature, property and civil rights, or tavern and saloons.
