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British Coal Corp v R : ウィキペディア英語版 | British Coal Corp v R
British Coal Corp v R is a decision of the Judicial Committee of the Privy Council in which the authority of the Canadian Parliament to prohibit appeals to the JCPC in criminal cases was upheld. ==Background==
In 1875, the Parliament of Canada established the Supreme Court of Canada as a general court of appeal. This did not, however, bar rulings from the various provincial courts of appeal from being appealed directly to the Judicial Committee of the Privy Council.〔as outlined in List of Judicial Committee of the Privy Council cases originating in Canada〕 In 1888, appeals in criminal cases to the Judicial Committee of the Privy Council were abolished.〔''Criminal Procedure Amendment Act'', S.C. 1888, c. 43, s. 1〕 The JCPC voided that legislation in ''Nadan v The King'', finding that the prohibition of appeals to the Privy Council was ''ultra vires'' the authority of the Canadian Parliament under the ''British North America Act, 1867'', because of provisions of the ''Colonial Laws Validity Act 1865''. After ''Nadan'', the Imperial Parliament passed the ''Statute of Westminster 1931'', following which the Parliament of Canada abolished criminal appeals to the Privy Council again in 1933.〔''Criminal Code Amendment Act'', S.C. 1932-33, c. 53, s. 17〕 In 1933, The British Coal Corporation and several other coal-importing companies had been convicted in the Court of King's Bench for the Province of Quebec (Crown Side) on charges under the ''Criminal Code'' and the ''Combines Investigation Act'', and were subject to fines as well as the complete prohibition of their business in importing anthracite coal into Canada. Appeals to the Court's Appeal Side were dismissed in 1934. They sought to appeal these convictions to the Privy Council, arguing that the Statute contained no words which took away or diminished that prerogative, either expressly or by implication.
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