Winner v SMT (Eastern) Ltd[1] is the last case of the Judicial Committee of the Privy Council that affected Canadian constitutional jurisprudence.

Winner contended that the Board did not have the authority to attach such a condition to his permit, and it also did not have the power to prevent him from picking up and dropping off passengers travelling within the province.

For his part, Rinfret CJ answered that the New Brunswick Act and Regulation did not prohibit Winner's operations, and the conditions that the Board had attached to its permit were ultra vires.

In his opinion, Rand J. observed that citizens were free to move across provincial borders and live wherever they chose to, and only the federal government could limit this right: The Attorney General of Ontario sought leave to appeal the part of the decision that allowed the picking up and dropping of passengers in the province, whether the journey began or ended inside or outside the province.

In his opinion, Lord Porter held that this case fell within the same scope as that of the Radio Reference in determining the nature of works and undertakings and under which jurisdiction they fall.