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''Proprietary Articles Trade Association v Canada (AG)'', is a famous Canadian constitutional decision of the Judicial Committee of the Privy Council on the Constitution's criminal law power under section 91(27). ==Background== Following the ''Board of Commerce case'' (in which the Privy Council determined that two Acts were ''ultra vires'' federal jurisdiction), the Parliament of Canada passed the ''Combines Investigation Act, 1923'',〔13 & 14 George V, c. 9〕 which provided for: : * the investigation of alleged combines, : * creating and punishing the offence of assisting in the formation or operation of a combine, : * reduction or abolition of customs duties which facilitate disadvantage to the public from an existing combine, and : * revocation of patents in certain cases. The ''Criminal Code'' was also amended by inserting s. 498, which created a corresponding offence of combining to limit facilities, restrain commerce, or lessen manufacture or competition. These measures essentially repeated the previous legislation, without employing the regulatory framework that had previously been found to be unconstitutional. The Proprietary Articles Trade Association was formed in Canada in 1925, with objects similar to organizations of the same name formed in several other Commonwealth countries.〔As noted in , at p. iv〕 It was investigated under the Act, and found to be a combine within its scope. The following reference questions were posed to the Supreme Court of Canada: #Is the ''Combines Investigation Act'', R.S.C., 1927, chapter 26, ''ultra vires'' the Parliament of Canada, either in whole or in part, and, if so, in what particular or particulars or to what extent? #Is section 498 of the ''Criminal Code'' ''ultra vires'' the Parliament of Canada, and, if so, in what particular or particulars or to what extent? 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Proprietary Articles Trade Association v Canada (AG)」の詳細全文を読む スポンサード リンク
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