In light of the 150th anniversary of the British North America Act 1867 and the federal review of laws and policies to ensure constitutional obligations towards indigenous peoples are being met, the Minister's Working Group ought to take a very close look at what rights exist under the Royal Proclamation of 1763, including the ability for aggrieved persons or groups to appeal to the Judicial Committee of the Privy Council
in London, England as the highest court of appeal or court of last resort.
Emily Murphy's case would be one of the first Sankey heard while presiding over the Judicial Committee of the Privy Council
But he returned to court in October in a bid to challenge his conviction before the judicial committee of the Privy Council
Against significant odds, they succeeded in convincing the Judicial Committee of the Privy Council
, the highest appellate court on constitutional questions at the time, to declare that women were "qualified persons" for the purposes of appointment to the Senate.
Last week, following RCVS opposition over the issue of costs, the judicial committee of the Privy Council
found in favour of Walker, 61, whose suspension ends on May 14.
However, Lord Browne-Wilkinson, a member of the Judicial Committee of the Privy Council
based in London, when commenting on the Court of Appeal suggestion that "there is no room for superimposing a general duty of good faith, that to do so conflicts with requirements of certainty in commercial contracts" stated:
Although the Supreme Court of Canada had been created by federal statute in 1875, apparently with the hope that cases originating in Canadian courts could or would no longer be appealed to any British court, the final court of appeal for Canada remained the Judicial Committee of the Privy Council
By this logic, one might reasonably conclude that Canadian men's personhood was similarly mocked in 1929 when the Judicial Committee of the Privy Council
in Britain decided that Canadian women were persons too.
Provincial politics also mattered; particularly after the Judicial Committee of the Privy Council
(JCPC) ruled in 1925 that labour was primarily a provincial responsibility.
With the passage of legislation in 1833 and 1844, the Parliament of Great Britain effectively transferred the appellate jurisdiction of the King or Queen in Council to a newly created statutory body entitled the Judicial Committee of the Privy Council
. (16) The legislation affected the jurisdiction, composition and procedures of the new tribunal, but did not eliminate the royal prerogative itself: (17) The jurisdiction of the Privy Council to entertain appeals and other matters affecting the administration of justice in any part of Her Majesty's dominions is an aspect of the royal prerogative, being regulated by, but not grounded upon, the Judicial Committee Acts, the Orders in Council made under those Acts, and any local constitutions or legislation.
Judges on the judicial committee of the Privy Council
, the final court of appeal in such cases, turn down all but a handful of the 50 pleas they receive each year.
One month later in July 1929, Rowell presented the appeal before the Judicial Committee of the Privy Council
. Their Lordships Sankey, Darling, Merrivale, Tomlin, and Sanderson reserved judgment for three months.