THE PRIVY COUNCIL AND THE CANADIAN CONSTITUTION

Abstract

The Supreme Court of Canada has become the final court of appeal in Canada. The author looks back at and assesses the contribution of the Privy Council to the development of the Canadian constitution. He attempts to evaluate the efficiency of the Privy Council’s interpretive role by examining its nature, composition and procedure generally. He then considers the judicial review in Canada of colonial legislation and the many references dealt with by the Privy Council on appeal from the Supreme Court of Canada. In examining the Privy Council’s judicial approach, its view of federalism and the results of their interpretations, he expresses a sense of satisfaction with Canada’s separation.