Attorney-General for Ontario v. Attorney General for Canada (Reference Appeal Case)

In 1867, the British Parliament enacted the British North America Act, which provided the foundation of the Dominion of Canada. The British North America Act also served as the foundation for the Constitution of Canada by providing the structure of government for the newly formed Dominion of Canada. The powers outlined in the British North America Act and in subsequent enactments permitted the courts to consider questions of constitutionality referred to the courts by the executive branch. The governor-general of Canada, represented by the attorney general for Canada, referred a question to the Supreme Court on the constitutional powers granted to the provinces. The attorney-general for Ontario objected to the referral of the question to the Supreme Court of Canada. The Judicial Committee of the Privy Council, the highest court of appeal for Canada at the time, considered the issue on appeal. The attorney general for Ontario argued that authorizing the executive branch to pose questions to the Supreme Court was an infringement on the rights of the provincial governments. The attorney general for Ontario also claimed that the legislative bodies in Canada lacked any right to pass a law allowing the judicial branch to consider such questions. The attorney general for Ontario further argued that allowing the judicial branch to answer questions posed a risk to the rights of individual citizens.