R v Hauser

984 is a leading constitutional decision of the Supreme Court of Canada, where, In a four to three decision, the Court upheld the federal Narcotic Control Act as constitutional under the peace, order and good government power.

This case is particularly unusual as the Act had previously held to be constitutional under the Criminal law power in the decision of Industrial Acceptance Corp. v. The Queen [1953] 2 S.C.R.

(b) gives the Attorney General of Canada the power to (1) prefer indictments for an offence under the Narcotic Control Act, and (2)have the conduct of proceedings under said act instituted at the instance of the Government of Canada, it steps upon the rights granted to the Provinces under s. 92(14) of the British North America Act 1867 (AKA Constitution Act 1867)for "The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts."

posed the constitutional questions to the court as follows: Is it within the competence of the Parliament of Canada to enact legislation as in Section 2 of the Criminal Code to authorize the Attorney General of Canada or his Agent: Pigeon J., writing for the majority, held that the matter of law had sufficient "newness" to fall under the p.o.g.g.

power, stating that: Dickson J. wrote the dissenting opinion, stating that he believed the Narcotics Control Act to be, in pith and substance, criminal law and therefore the responsibility of the Provinces, citing many cases of common law and established precedents.