Privy Council Ap peal on Licensing
Page 35
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TUDGMENT was reserved by the
Judicial Committee of the Privy Council last week after they had considered the question whether an American, Mr. Israel Winner, who carried on business from Maine, U.S.A., as IVIackenzie•CAmeh Lines, was entitled to operate coaches from Massachusetts to Nova Scotia without being subject toNew Brunswick laws regulating traffic within the province.
The appeal, which was heard by special leave from the Supreme Court of Canada, raised constitutional questions of importance to the Dominion and the provinces in relation to their respective legislative rights to regulate and control traffic on their highways.
It was held by the Supreme Court 'that apart from intra-provincial traffic, the respondent's undertaking was excepted from provincial legislative competence.
Mr. Winner cross-appealed against the decision respecting the .intraprovincial traffic.
The' Canadian Automotive Transportation Association was recently told that unregulated road transport across provincial borders was a major problem of Canada's haulage industry. Provincial association reports to the parent body, which was holding its first annual meeting in Ottawa, expressed concern over the.entry of unlicensed operators.
Much of the anxiety, reports indicated, stemmed from a " vacuum" in trans-border regulations. This resulted from a decision of the Supreme Court of Canada in 1951 that it was a federal matter. The question had now been referred to the Privy Council in the United Kingdom.