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''R v Eastern Terminal Elevator Co'' is an early constitutional decision of the Supreme Court of Canada on the Constitution's Trade and Commerce power. ==Background== The Canada Grain Act was passed in 1912〔2 Geo. V, (Can.) ch. 27 (1912), which was added to the Act by 9-10 Geo. V, ch. 40 (1919), and further amended by 10 Geo. V, ch. 6 (1919, 2nd session)〕 to control and regulate, through The Board of Grain Commissioners,〔replaced in 1971 by the Canadian Grain Commission〕 the trade in grain. It provided for: : * the licensing of all owners and operators of elevators, warehouses and mills and certain traders in grain; : * the supervision of the handling and storage of grain in and out of elevators, etc.; and : * the prohibition of persons operating or interested in a terminal elevator from buying or selling grain, as well as : * provisions for inspection and grading. The Act was amended in 1919 by adding s. 95(7) which provided that, if at the end of any crop year in any terminal elevator "the total surplus of grain is found in excess of one-quarter of one per cent of the gross amount of the grain received in the elevator during the crop year," such surplus would be sold for the benefit of the Board. For the 1920 crop year, Eastern Elevator was determined to have a surplus of 1,107,330 pounds, found in its elevator at Port Arthur, Ontario. The Board commenced an action in the Exchequer Court of Canada to recover the value of such grain, which was calculated to be $43,431. Eastern Elevator, in its defence, pleaded there was no surplus, and that s. 95(7), as well as ''The Canada Grain Act'' itself, always were and are now ''ultra vires'' of the Parliament of Canada. 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「R v Eastern Terminal Elevator Co」の詳細全文を読む スポンサード リンク
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