R v Crown Zellerbach Canada Ltd

R v Crown Zellerbach Canada Ltd [1988] 1 S.C.R. 401, is a leading constitutional decision of the Supreme Court of Canada. A deeply divided Court upheld the validity of the Ocean Dumping Act - now part of the Canadian Environmental Protection Act - finding that all matters related to polluting the ocean are within the exclusive jurisdiction of the federal government owing to the national concern branch of the "peace, order, and good government" clause in the British North America Act, 1867 (now known as the Constitution Act, 1867).

R v Crown Zellerbach Canada Ltd
Hearing: N/A
Judgment: March 24, 1988
Citations[1988] 1 SCR 401
Prior historyAct found ultra vires at trial, BCCA dismissed appeal
RulingAct is intra vires, appeal allowed
Holding
All matters relating to polluting the ocean are within the exclusive jurisdiction of the federal government owing to the national concern branch of the "peace, order, and good government" clause.
Court membership
Reasons given

The majority opinion was written by Le Dain J (joined by Dickson CJ, and McIntyre and Wilson JJ) and hinged on the singleness, distinctiveness, and indivisibility of the national concern that the Ocean Dumping Act addressed. The minority opinion was written by La Forest J (joined by Beetz and Lamer JJ).

See also
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