Ontario (AG) v Canada Temperance Federation

The case of Ontario (Attorney General) v Canada Temperance Federation, [1946] AC 193, also known as the Local Prohibition Case, is a significant decision of the Judicial Committee of the Privy Council concerning the division of powers between the federal and provincial governments in Canada under the Constitution Act, 1867 (formerly known as the British North America Act, 1867).

The central issue was the validity of the Canada Temperance Act, a federal law that allowed municipalities to prohibit the sale of alcohol within their boundaries through local option plebiscites. The Attorney General of Ontario challenged the Act, arguing that the regulation of alcohol fell under the provincial jurisdiction over property and civil rights within the province (section 92(13) of the Constitution Act, 1867).

The Judicial Committee upheld the validity of the Canada Temperance Act under the "Peace, Order, and Good Government" (POGG) clause of section 91 of the Constitution Act, 1867. The POGG clause grants the federal government the power to legislate on matters not specifically assigned to the provinces, but it is subject to limitations.

The Court ruled that while regulating alcohol generally fell under provincial jurisdiction, the Canada Temperance Act was justified under POGG because the potential for alcohol abuse and its related social problems constituted a matter of national concern. The Court reasoned that widespread intemperance could have significant negative impacts across the country, thus justifying federal intervention.

This case is important for several reasons:

• National Concern Doctrine: It solidified the "national concern" branch of the POGG power, allowing the federal government to regulate matters that, while normally under provincial jurisdiction, have significant national implications.
• Division of Powers: It clarified the boundaries between federal and provincial powers, particularly concerning the regulation of morality and social issues.
• Federal Paramountcy: It affirmed the principle of federal paramountcy, meaning that in cases of conflict between valid federal and provincial laws, the federal law prevails.

The Ontario (AG) v Canada Temperance Federation continues to be cited in constitutional law cases regarding the division of powers and the scope of the federal POGG power. It represents a key decision in defining the relationship between the federal and provincial governments in Canada.