THE WAR MEASURES ACT A SUMMARY OF THE CASES REPORTED

Authors

  • JAMES FRANCIS

Abstract

In this article the author discusses several cases involving the construction of the War Measures Act and the Defence of Canada Regulations. First, the author thoroughly examines the consideration in the English case of Rex v. Halliday of England’s Defence of the Realm Act, and compares it with In re Gray, the leading Canadian case that has considered the War Measures Act and the Defence of Canada Regulations. The author then examines the cases leading up to In re Gray and in doing so, particularly discusses whether or not an executive order, made pursuant to and within the provisions of the War Measures Act, is subject to review of the courts. He determines that orders and regulations made under the War Measures Act have been construed by Canadian courts, where possible, so as to fulfill their purpose of securing the safety of the State in a time of national peril, and concludes that such orders and regulations are an inevitable consequence of modern war.

Keywords:

Constitutional Law

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Published

1941-05-31

Issue

Section

Legal Commentary

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