List of Canadian appeals to the JCPC
This is an exhaustive list of cases originating in Canada decided by the Judicial Committee of the Privy Council , in Britain.
From 1867 to 1949, the Judicial Committee of the Privy Council was the highest court of appeal for Canada. Its decisions on appeals from Canadian courts had binding legal precedent on all Canadian courts, including the Supreme Court of Canada . The Supreme Court was required to follow the cases of the Judicial Committee, and the Judicial Committee could overturn decisions of the Supreme Court. The Judicial Committee decisions were the ultimate judicial authority for the Canadian courts, and had a considerable influence on the development of Canadian law, particularly constitutional law.[1] [2]
The Parliament of Canada abolished the right of appeal in Canadian criminal cases in 1933, and in Canadian civil cases in 1949. Cases which had been begun before those dates were allowed to continue to the Judicial Committee if the requirements for an appeal were met.
1867–1869 [ ]
List of cases [ ]
For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1867–1869 .
Summary by year and result [ ]
1867
6
3
50%
3
50%
1868
2
1
50%
1
50%
1869
2
1
50%
1
50%
Total Cases
10
5
50.0%
5
50.0%
Yearly Averages
3.3
1.7
1.7
Summary by province [ ]
Ontario
0
Quebec
9
Nova Scotia
1
New Brunswick
0
Total
10
1870–1879 [ ]
List of cases [ ]
For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1870–1879 .
Summary by year and result [ ]
1870
4
2
50.0%
2
50.0%
1871
1
0
0.0%
1
100.0%
1872
7
2
28.6%
5
71.4%
1873
13
7
53.8%
6
46.2%
1874
11
7
63.6%
4
36.4%
1875
7
3
42.9%
4
57.1%
1876
10
3
30.0%
7
70%
1877
4
2
50.0%
2
50.0%
1878
7
0
0.0%
7
100.0%
1879
3
0
0.0%
3
100.0%
Total Cases
67
26
38.8%
41
61.2%
Yearly Averages
6.7
2.6
4.1
Summary by province and court appealed from [ ]
Ontario
2
0
0.0%
2
100.0%
Quebec
55
2
3.6%
53
96.4%
Nova Scotia
6
0
0.0%
6
100.0%
New Brunswick
4
0
0.0%
4
100.0%
Manitoba
0
0
0.0%
0
0.0%
British Columbia
0
0
0.0%
0
0.0%
Prince Edward Island
0
0
0.0%
0
0.0%
Total
67
2
3.0%
65
97.0%
1880–1889 [ ]
For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1880–1889 .
Summary by year and result [ ]
1880
5
2
40.0%
3
60.0%
1881
3
2
66.7%
1
33.3%
1882
5
2
40.0%
3
60%
1883
11
7
63.6%
4
36.4%
1884
4
1
25.0%
3
75.0%
1885
5
1
20.0%
4
80.0%
1886
9
3
33.3%
6
66.7%
1887
6
2
33.3%
4
66.7%
1888
8
0
0.0%
8
100.0%
1889
10
2
20.0%
8
80.0%
Total Cases
66
22
33.3%
44
66.7%
Yearly Averages
6.6
2.2
4.4
Summary by jurisdiction and court appealed from [ ]
Federal
3
3
100.0%
0
0.0%
Ontario
17
12
70.6%
5
29.4%
Quebec
31
8
25.8%
23
74.2%
Nova Scotia
8
1
12.5%
7
87.5%
New Brunswick
5
3
60.0%
2
40.0%
Manitoba
1
0
0.0%
1
100.0%
British Columbia
0
0
0.0%
0
0.0%
Prince Edward Island
0
0
0.0%
0
0.0%
North-West Territories[a]
1
0
0.0%
1
100.0%
Total
66
27
40.9%
39
59.1%
^ There was one case from the North-West Territories which went on appeal to the Manitoba Queen's Bench, since there was no appellate court in the North-West Territories as that time. The Judicial Committee dismissed an application for leave to appeal from the Manitoba Queen's Bench: Riel v Her Majesty the Queen , [1885] UKPC 37 .
1890–1899 [ ]
List of cases [ ]
For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1890–1899 .
Summary by year and result [ ]
1890
2
1
50.0%
1
50.0%
1891
2
1
50.0%
1
50.0%
1892
10
5
50.0%
5
50.0%
1893
6
3
50.0%
3
50.0%
1894
6
2
33.3%
4
66.7%
1895
11
3
27.3%
8
72.7%
1896
12
6
50.0%
6
50.0%
1897
6
1
16.7%
5
83.3%
1898
8
5
62.5%
3
37.5%
1899
13
4
30.8%
9
69.2%
Total Cases
76
31
40.8%
45
59.2%
Yearly Averages
7.6
3.1
4.5
Summary by jurisdiction and court appealed from [ ]
Federal
6
6
100.0%
0
0.0%
Ontario
17
6
35.3%
11
64.7%
Quebec
32
5
15.6%
27
84.4%
Nova Scotia
6
0
0.0%
6
100.0%
New Brunswick
2
1
50.0%
1
50.0%
Manitoba
5
2
40.0%
3
60.0%
British Columbia
8
1
12.5%
7
87.5%
Prince Edward Island
0
0
0.0%
0
0.0%
North-West Territories
0
0
0.0%
0
0.0%
Yukon
0
0
0.0%
0
0.0%
Total
76
21
27.6%
55
72.4%
1900–1909 [ ]
List of cases [ ]
For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1900–1909 .
Summary by year and result [ ]
1900
6
3
50.0%
3
50.0%
1901
5
3
60.0%
2
40.0%
1902
10
5
50.0%
5
50.0%
1903
13
3
23.1%
10
76.9%
1904
14
5
35.7%
9
64.3%
1905
9
6
66.7%
3
33.3%
1906
18
6
33.3%
12
66.7%
1907
15
8
53.3%
7
46.7%
1908
14
5
35.7%
9
64.3%
1909
14
6
42.9%
8
57.1%
Total Cases
118
50
42.4%
68
57.6%
Annual Averages
11.8
4.2
5.8
Summary by jurisdiction and court appealed from [ ]
Federal
15
15
100.0%
0
0.0%
Ontario
38
11
28.9%
27
71.1%
Quebec
43
8
18.6%
35
81.4%
Nova Scotia
2
0
0.0%
2
100.0%
New Brunswick
2
1
50.0%
1
50.0%
Manitoba
2
1
50.0%
1
50.0%
British Columbia
13
2
15.4%
11
84.6%
Prince Edward Island
0
0
0.0%
0
0.0%
North-West Territories
1
1
100.0%
0
0.0%
Yukon
2
2
100.0%
0
0.0%
Total
118
41
34.7%
77
65.3%
1910–1919 [ ]
List of cases [ ]
For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1910–1919 .
Summary by year and result [ ]
1910
19
8
42.1%
11
57.9%
1911
16
6
37.5%
10
62.5%
1912
26
12
46.2%
14
53.8%
1913
19
14
73.7%
5
26.3%
1914
30
10
33.3%
20
66.7%
1915
11
6
54.5%
5
45.5%
1916[a]
23
9
39.1%
13
56.5%
1917
14
4
28.6%
10
71.4%
1918
8
3
37.5%
5
62.5%
1919
36
11
30.6%
25
69.4%
Total Cases
202
83
41.1%
118
58.4%
Yearly Averages
20.2
8.3
11.8
^ In one reference decision in this year, the Judicial Committee simply answered the questions without allowing or dismissing the appeal: Attorney General for Ontario and others v Attorney General for Canada and others , [1916] UKPC 13 .
Summary by jurisdiction and court appealed from [ ]
Federal
19
18
94.7%
1
5.3%
Ontario
63
13
20.6%
50
79.4%
Quebec
37
10
27.0%
27
73.9%
Nova Scotia
8
5
62.5%
3
37.5%
New Brunswick
1
1
100.0%
0
0.0%
Manitoba
13
1
7.7%
12
92.3%
British Columbia
47
6
12.8%
41
87.2%
Prince Edward Island
0
0
0.0%
0
0.0%
Saskatchewan
5
2
40.0%
3
60.0%
Alberta
11
3
27.3%
8
72.7%
Northwest Territories
0
0
0.0%
0
0.0%
Yukon
0
0
0.0%
0
0.0%
Total
204
59
28.9%
145
71.1%
1920–1929 [ ]
List of cases [ ]
For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1920–1929 .
Summary by year and result [ ]
1920
19
10
52.6%
9
47.4%
1921
17
6
35.3%
11
64.7%
1922[a]
18
7
38.9%
11
61.1%
1923
19
6
31.6%
13
68.4%
1924
17
9
52.9%
8
47.1%
1925
18
9
50.0%
9
50.0%
1926
21
8
38.1%
13
61.9%
1927[b]
14
2
14.3%
11
78.6%
1928
16
5
31.3%
11
68.7%
1929
15
7
46.7%
8
53.3%
Total Cases
174
69
39.7%
104
59.8%
Yearly Averages
17.4
6.9
10.4
^ In one case in this year, the parties settled the case before the Judicial Committee rendered a decision:
Foley Brothers and others v. James A McIlwee and others , [1922] UKPC 18 . The case is not included in the statistics.
^ One case this year was a direct reference by the British government, on the joint request of the governments of Canada and Newfoundland: In the Matter of the Boundary between the Dominion of Canada and the Colony of Newfoundland in the Labrador Peninsula , [1927] UKPC 25 . Since it was not an appeal, it is not included in the statistics for appeals allowed and dismissed.
Summary by jurisdiction and court appealed from [ ]
Original Jurisdiction (Reference Question)[a]
1
—
0.0%
—
0.0%
Federal
26
22
84.6%
4
15.4%
Ontario
40
5
12.5%
35
87.5%
Quebec
53
18
34.0%
35
66.0%
Nova Scotia
8
3
37.5%
5
62.5%
New Brunswick
4
0
0.0%
4
100.0%
Manitoba
5
1
20.0%
4
80.0%
British Columbia
23
6
26.1%
17
73.9%
Prince Edward Island
0
0
0.0%
0
0.0%
Saskatchewan
3
0
0.0%
3
100.0%
Alberta
10
4
40.0%
6
60.0%
North-West Territories
0
0
0.0%
0
0.0%
Yukon
1
0
0.0%
1
100.0%
Total
174
59
33.9%
114
65.5%
^ One case was a direct reference by the British government, on the joint request of the governments of Canada and Newfoundland: In the Matter of the Boundary between the Dominion of Canada and the Colony of Newfoundland in the Labrador Peninsula , [1927] UKPC 25 . It is not included in the totals of appeals from the Supreme Court or other courts.
1930–1939 [ ]
List of cases [ ]
For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1930–1939 .
Summary by year and result [ ]
1930
15
6
40.0%
9
60.0%
1931
18
10
55.6%
8
44.4%
1932
15
8
53.3%
7
46.7%
1933
14
6
42.9%
8
57.1%
1934
16
7
43.8%
9
56.2%
1935
13
2
15.4%
11
84.6%
1936
8
4
50.0%
4
50.0%
1937
19
8
42.1%
11
57.9%
1938
11
4
36.4%
7
63.6%
1939
11
2
18.2%
9
81.8%
Total Cases
140
57
40.7%
83
59.3%
Yearly Averages
14
5.7
8.3
Summary by jurisdiction and court appealed from [ ]
Federal
39
35
89.7%
4
10.3%
Ontario
39
4
10.3%
35
89.7%
Quebec
26
6
23.1%
20
76.9%
Nova Scotia
3
2
66.7%
1
33.3%
New Brunswick
1
1
100.0%
0
0.0%
Manitoba
5
4
80.0%
1
20.0%
British Columbia
20
3
15.0%
17
85.0%
Prince Edward Island
0
0
0.0%
0
0.0%
Saskatchewan
1
0
0.0%
1
100.0%
Alberta
6
1
16.7%
5
83.3%
Newfoundland
0
0
0.0%
0
0.0%
North-West Territories
0
0
0.0%
0
0.0%
Yukon
0
0
0.0%
0
0.0%
Total
140
56
40.0%
84
60.0%
1940–1949 [ ]
List of cases [ ]
For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1940–1949 .
Summary by year and result [ ]
1940
4
2
50.0%
2
50.0%
1941
3
3
100.0%
0
0.0%
1942
5
1
20.0%
4
80.0%
1943
3
1
33.3%
2
66.7%
1944
2
1
50.0%
1
50.0%
1945
3
2
66.7%
1
33.3%
1946
11
2
18.2%
9
81.8%
1947
5
2
40.0%
3
60.0%
1948
4
2
50.0%
2
50.0%
1949
6
3
50.0%
3
50.0%
Total Cases
46
19
41.3%
27
58.7%
Yearly Averages
4.6
1.9
2.7
Summary by jurisdiction and court appealed from [ ]
Federal
15
15
100.0%
0
0.0%
Ontario
10
3
30.0%
7
70.0%
Quebec
4
2
50.0%
2
50.0%
Nova Scotia
0
0
0.0%
0
0.0%
New Brunswick
4
4
100.0%
0
0.0%
Manitoba
1
1
100.0%
0
0.0%
British Columbia
5
1
20.0%
4
80.0%
Prince Edward Island
0
0
0.0%
0
0.0%
Saskatchewan
3
2
66.7%
1
33.3%
Alberta
4
2
50.0%
2
50.0%
North-West Territories
0
0
0.0%
0
0.0%
Yukon
0
0
0.0%
0
0.0%
Total
46
30
65.2%
16
34.8%
1950–1959 [ ]
List of cases [ ]
For a detailed list of all cases during this period, please see: List of Canadian appeals to the Judicial Committee of the Privy Council, 1950–1959 .
Summary by year and result [ ]
1950
4
3
75.0%
1
25.0%
1951
7
4
57.1%
3
42.9%
1952
6
5
83.3%
1
16.7%
1953
6
2
33.3%
4
66.7%
1954
2
1
50.0%
1
50.0%
1955
4
3
75.0%
1
25.0%
1956
0
0
0.0%
0
0.0%
1957
0
0
0.0%
0
0.0%
1958
0
0
0.0%
0
0.0%
1959
2
1
50.0%
1
50.0%
Total Cases
31
19
61.3%
12
38.7%
Yearly Averages
3.1
1.9
1.2
Summary by jurisdiction and court appealed from [ ]
Federal
8
8
100.0%
0
0.0%
Ontario
8
4
50.0%
4
50.0%
Quebec
3
3
100.0%
0
0.0%
Nova Scotia
0
0
0.0%
0
0.0%
New Brunswick
1
1
100.0%
0
0.0%
Manitoba
2
2
100.0%
0
0.0%
British Columbia
3
3
100.0%
0
0.0%
Prince Edward Island
0
0
0.0%
0
0.0%
Saskatchewan
1
1
100.0%
0
0.0%
Alberta
5
3
60.0%
2
40.0%
Newfoundland
0
0
0.0%
0
0.0%
North-West Territories
0
0
0.0%
0
0.0%
Yukon
0
0
0.0%
0
0.0%
Total
31
25
80.6%
6
19.4%
See also [ ]
References [ ]
^ James G. Snell and Frederick Vaughan, The Supreme Court of Canada: History of the Institution (Toronto: Osgoode Society, 1985), pp. 4–9, 42.
^ Catharine MacMillan, "Canadian Cases before the Judicial Committee of the Privy Council" , at Judicial Committee of the Privy Council Case papers , Institute of Advanced Legal Studies, University of London, last updated February 17, 2021.
Sources [ ]
External links [ ]