supported the statement by Newcombe J. that: I interpret the reference as meant to submit the questions for consideration in the light of the existing situation and the knowledge and use of the art, as practically understood and worked, and, having regard to what is stated in the case, assumed as the basis for the hearing.

Therefore I proceed upon the assumption that radio communication in Canada is practically Dominion-wide; that the broadcasting of a message in a province, or in a territory of Canada, has its effect in making the message receivable as such, and is also effective by way of interference, not only within the local political area within which the transmission originates, but beyond, for distances exceeding the limits of a province, and that, consequently, if there is to be harmony or reasonable measure of utility or success in the service, it is desirable, if not essential, that the operations should be subject to prudent regulation and control.

Therefore, radio broadcasting could not be considered to be a matter of a local or private nature, but more properly fell within the definition of "telegraphs" in Section 92(10).

In dissenting opinions, Rinfret J. and Lamont J. held that the Parliament of Canada did not have jurisdiction to legislate on the subject of radio communication in every respect.

It fell within the primary legislative jurisdiction of the provinces either under property and civil rights or under local works and undertakings of section 92 of the B.N.A.