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British Coal Corp v R

From Wikipedia, the free encyclopedia

British Coal Corp v R
CourtJudicial Committee of the Privy Council
Full case nameBritish Coal Corporation v the King
Decided6 June 1935
Citation(s)[1935] UKPC 33, [1935] AC 500
Case history
Appealed fromCourt of King's Bench for the Province of Quebec (Appeal Side)
Court membership
Judges sittingViscount Sankey, Lord Atkin, Lord Tomlin, Lord Macmillan, Lord Wright
Case opinions
Decision byViscount Sankey
Keywords
Colonial Laws Validity Act 1865, Statute of Westminster 1931, current competency of the Parliament of Canada

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.[1]

YouTube Encyclopedic

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  • Coal, Steam, and The Industrial Revolution: Crash Course World History #32
  • The Battle of Blair Mountain - West Virginia Coal Wars I THE GREAT WAR 1921

Transcription

Hi, I’m John Green, this is Crash Course World History and today we’re going to discuss the series of events that made it possible for you to watch Crash Course. And also made this studio possible. And made the warehouse containing the studio possible. A warehouse, by the way, that houses stuff for warehouses. That’s right, it’s time to talk about the industrial revolution. Although it occurred around the same time as the French, American, Latin American, and Haitian Revolutions— between, say, 1750 and 1850— the industrial revolution was really the most revolutionary of the bunch. No way, dude. All those other revolutions resulted in, like, new borders and flags and stuff. We’ve studied 15,000 years of history here at Crash Course, Me from the Past. And borders and flags have changed plenty, and they’re going to keep changing. [that's a twofer: awesome + ominous] But in all that time, nothing much changed about the way we disposed of waste [g'luck with toilet teching, Bill Gates!] or located drinking water or acquired clothing. Most people lived on or very close to the land that provided their food. [like above an Eata Pita?] Except for a few exceptions, life expectancy never rose above 35 or below 25. Education was a privilege not a right. In all those millennia, we never developed a weapon that could kill more than a couple dozen people at once, or a way to travel faster than horseback. For 15,000 years, most humans never owned or used a single item made outside of their communities. Simon Bolivar didn’t change that and neither did the American Declaration of Independence. You have electricity? Industrial revolution. Blueberries in February? Industrial revolution. You live somewhere other than a farm? Industrial revolution. You drive a car? Industrial revolution. You get twelve years of free, formal education? [peep the creepy teacher in the back] Industrial revolution. Your bed, your antibiotics, your toilet, your contraception, your tap water, your every waking and sleeping second: [mongol-tage footage!] Industrial revolution. [Intro music] [intro music] [intro music] [intro music] [intro music] [intro music] [intro music] Here’s one simple statistic that sums it up: Before the industrial revolution, about 80% of the world’s population was engaged in farming to keep itself and the other 20% of people from starving. Today, in the United States, less than 1% of people list their occupation as farming. I mean, we’ve come so far that we don’t even have to farm flowers anymore. Stan, are these real, by the way? I can’t tell if they’re made out of foam or digital. So what happened? TECHNOLOGY! Here’s my definition: The industrial revolution was an increase in production brought about by the use of machines [get ready to man-suit up, Skynet] and characterized by the use of new energy sources. Although this will soon get more complicated, for our purposes today, industrialization is NOT capitalism— although, as we will see next week, it is connected to modern capitalism. And, the industrial revolution began around 1750 and it occurred across most of the earth, but it started in Europe, especially Britain. What happened? Well, let’s go to the Thought Bubble. The innovations of the Industrial Revolution were intimately interconnected. Like, look, for instance, at the British textile industry: The invention of the flying shuttle by John Kay in 1733 dramatically increased the speed of weaving, which in turn created demand for yarn, which led to inventions like the Spinning Jenny and the waterframe. [& later, Princess Leia bun sock hats] Soon these processes were mechanized using water power, until the steam engine came along to make flying shuttles really fly in these huge cotton mills. The most successful steam engine was built by Thomas “They Didn’t Name Anything After Me” Newcomen [is that Dutch?] to clear water out of mines. And because water was cleared out of those mines, there was more coal to power more steam engines, which eventually led to the fancying up of the Newcomen Steam Engine by James “I Got a Unit of Power and a University Named After Me” Watt, [Farnsworth's raw deal tops, even still] whose engine made possible not only railroads and steamboats but also ever-more efficient cotton mills. [the touch, the feel… of technology] And, for the first time, chemicals other than stale urine, [you must be kidding] I wish I was kidding, were being used to bleach the cloth that people wore— the first of which was sulfuric acid, [sounds super chafey] which was created in large quantities only thanks to lead-lined chambers, which would’ve been impossible without lead production rising dramatically right around 1750 in Britain, thanks to lead foundries powered by coal. And all these factors came together to make more yarn that could be spun and bleached faster and cheaper than ever before, a process that would eventually culminate in $18 Crash Course Mongols shirts. [no exceptions!&$%# ] [ha] Available now at DFTBA.com. Thanks, Thought Bubble, for that shameless promotion of our beautiful, high-quality t-shirts available now at DFTBA.com. [TeamCrashCourse: lousy with subtlty] So, the problem here is that with industrialization being so deeply interconnected, it’s really difficult to figure out why it happened in Europe, especially Britain. And that question of why turns out to be one of the more contentious discussions in world history today. For instance, here are some Eurocentric reasons why industrialization might have happened first in Europe: There’s the cultural superiority argument that basically holds that Europeans are just better and smarter than other people. [somebody explain Mr. Bean then] Sometimes this is formulated as Europeans possessing superior rationality. By the way, you’ll never guess where the people who make this argument tend to come from— unless you guessed that they come from Europe. And then, others argue that only Europe had the culture of science and invention that made the creation of these revolutionary technologies possible. Another argument is that freer political institutions encouraged innovation and strong property rights created incentives for inventors. And, finally, people often cite Europe’s small population because small populations require labor-saving inventions. Oh, it’s time for the Open Letter? [it's not the yellow chair he's rolling over to so I just can't bear to look.] An Open Letter to the Steam Engine. But first, let’s see what’s in the secret compartment today. Oh, it’s a Tardis. [you're welcome, Whovians] Truly the apex of British industrialization. Dear Steam Engine, You know what’s crazy? You’ve really never been improved upon. Like this thing, which facilitates time travel, probably runs on a steam engine. [Eye of Harmony > steam engine, ftr] Almost all electricity around the world, whether it’s from coal or nuclear power, is just a steam engine. It’s all still just water and heat, and it speaks to how truly revolutionary the Industrial Revolution was that since then, it’s really just been evolution. Best Wishes, John Green So, you may have heard any of those rationales for European industrialization, or you may have heard others. The problem with all of them, is that each time you think you’re at the root cause it turns out there’s a cause of the root cause. [not unlike the show LOST] To quote Leonardo diCaprio, James Cameron, and coal mine operators, “We have to go deeper.” ["Context is everything." -John Green] But, anyway, the problem with these Eurocentric why answers, is that they all apply to either China or India or both. And it’s really important to note that in 1800, it was not clear that Europe was going to become the world’s dominant manufacturing power in the next hundred years. At the time, China, India, and Europe were all roughly at the same place in terms of industrial production. First, let’s look at China. It’s hard to make the European cultural superiority argument because China had been recording its history since before Confucius, and plus there was all that bronze and painting and poetry. It’s also kind of difficult to make a blanket statement that China was economically inferior to Europe, since they invented paper money and led the world in exports of everything from silk to china. I mean, pre-Industrial Revolution, population growth was the surest sign of economic success, and China had the biggest population in the world. [were my flowers just assaulted by educational exuberance?] I guess that answers the question of whether they’re digital. [better be in stock at thinkgeek.com, mr. green. just saying...] It’s also difficult to say that China lacked a culture of invention when they invented gunpowder, and printing, and paper, and arguably compasses. And China had more free enterprise during the Song dynasty than anywhere in the world. Some argue that China couldn’t have free enterprise because they had a long history of trying to impose monopolies on items like salt and iron. And that’s true, but when it comes to enforcing those monopolies, they also had a long history of failure. So really, in a lot of ways, China was at least as primed for an Industrial Revolution as Britain was. So, why didn’t it happen? Well, Europeans— specifically the British— had two huge advantages: First, Coal. When you trace the story of improved transportation, or communication, or industrial efficiency, or better chemical manufacturing, it always comes back to coal, because the Industrial Revolution was all about using different forms of energy to automate production. And, England had large supplies of coal that were near the surface, which meant that it was cheap to mine, so it quickly replaced wood for heating and cooking and stuff. So, that encouraged the British to look for more coal. The only problem with coal mining, aside from it being, you know, like, deadly and everything, is that the coal mines flooded all the time. I guess coal mining is also a little problematic for, like, the health of, you know, like, the planet. ["Nudge, nudge, wink, wink. Know what I mean?"] But, because there was all this incentive to get more coal out of the ground, steam engines were invented to pump water out of the mines. And because those early steam engines were super inefficient, they needed a cheap and abundant source of fuel in order to work— namely, coal, which meant they were much more useful to the British than anyone else. So steam engines used cheap British coal to keep British coal cheap, and cheap British coal created the opportunity for everything from railroads to steel, which like so much else in the Industrial Revolution, created a positive feedback loop. Because they run on rails, railroads need steel. And because it is rather heavy, steel needs railroads. Secondly, there were Wages. Britain (and to a lesser extent the Low Countries) had the highest wages in the world at the beginning of the 18th century. In 1725, wages in London were the equivalent of 11 grams of silver per day. In Amsterdam, they were 9 grams. In Beijing, Venice, and Florence, they were under 4. And in Delhi, they were under 2. It’s not totally clear why wages were so high in Britain. Like, one argument is that the Black Death lowered population so much that it tightened labor markets, but that doesn’t explain why wages remained low in, like, plague-ravaged Italy. Mainly, high wages combined with cheap fuel costs meant that it was economically efficient for manufacturers to look to machines as a way of lowering their production costs. To quote the historian Robert Allen: “Wages were high and energy was cheap. These prices led directly to the industrial revolution by giving firms strong incentives to invent technologies that substituted capital and coal for labor.” Stan, I’m a little worried that people are still going to accuse me of Eurocentrism. Of course, other people will accuse me of an anti-European bias. I don’t have a bias against Europe. I love Europe. Europe gave me many of my favorite cheeses and cross-country skiing and Charlie Chaplin, who inspired today’s Danica drawing. [big ups, Modern Times. you endure] Like, the fact of coal being near the surface in Britain can’t be chalked up to British cultural superiority. But the wages question is a little different because it makes it sound like only Europeans were smart enough to pay high wages. But here’s one last thing to consider: India was the world’s largest producer of cotton textiles, despite paying basically the lowest wages in the world. Indian agriculture was so productive that laborers could be supported at a very low cost. And that, coupled with a large population meant that Indian textile manufacturing could be very productive without using machines, so they didn’t need to industrialize. But more importantly from our perspective, there’s a strong argument to be made that Indian cotton production helped spur British industrialization. It was cotton textiles that drove the early Industrial Revolution, and the main reason that Britain was so eager to produce cottons was that demand was incredibly high. They were more comfortable than woolens, but they were also cheaper, because cottons could be imported from India at such a low cost. So, Indian cottons created the market and then British manufacturers invested in machines (and imported Indian know-how) to increase production so that they could compete with India. And that’s at least one way in which European industrialization was truly a world phenomenon. For those of you who enjoy such highly contentious and thorny, cultural historical debates, good news. Next week, we’ll be talking about capitalism. [can't wait to read the comments section for that one. yes i can] Thanks for watching, I’ll see you then. Crash Course is produced and directed by Stan Muller. Our script supervisor is Danica Johnson. The show is written by my high school history teacher, Raoul Meyer, and myself. We are ably interned by Meredith Danko. And our graphics team is Thought Bubble. Last week’s phrase of the week was "New England Revolution" If you want to suggest future phrases of the week, you can do so in comments where you can also guess at this week’s phrase of the week or ask questions about today’s video that will be answered by our team of historians. Thanks for watching Crash Course. Special shout out to our only known platinum-selling artist viewer, Lupe Fiasco. And as we say in my hometown, don’t forget My philosophy, like color TV, is all there in black and white.

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.[2] In 1888, appeals in criminal cases to the Judicial Committee of the Privy Council were abolished.[3] The JCPC voided that legislation in Nadan v The King,[4] 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.[5]

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 (Appeal 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.

The decision

Lord Sankey

Writing for the Privy Council, Lord Sankey first described the origins of the Judicial Committee of the British Privy Council, as created by the Judicial Committee Act 1833 (as amended by the Judicial Committee Act 1844). In Sankey's words, "It is clear that the Committee is regarded in the Act as a judicial body or Court" which "exercised as a Court of law in reality, though not in name, the residual prerogative of the King in Council."[6]

Having established that the JCPC had the role of a court of law, Sankey went on to outline the relevant legal history between the passage of the Judicial Committee Acts and the Statute of Westminster, including the enactment of the Colonial Laws Validity Act. Sankey distinguished Nadan from the present case by noting that the former decision had been based on the inconsistency of Canada's earlier prohibition of criminal appeals to the Privy Council with the Judicial Committee Acts and the Colonial Laws Validity Act. Specifically, the prohibition was inconsistent on two grounds:

    • It was repugnant to the Judicial Committee Acts, running afoul of the Colonial Laws Validity Act by implication.
    • To be effective, it had to have an extraterritorial dimension, which Canadian laws could not possess until the passage of the Statute of Westminster.[7]

It remained to be seen, Sankey noted, whether the British North America Act gave Canada the legislative competence to prohibit criminal appeals after the Statute of Westminster had abrogated the Colonial Laws Validity Act and permitted the Parliament of Canada to pass laws having extraterritorial operation:

Their Lordships have now to decide that very same question and to decide it, as they conceive, without any direct help or guidance from earlier decisions of the Judicial Committee, now that the Statute has removed the two difficulties which were decisive in Nadan's case.[7]

While the Statute of Westminster had removed the two limits that prevented Canada from prohibiting criminal appeals to the JCPC in Nadan, Sankey went on to argue that such a prohibition was within the scope of Canada's legislative competence under the British North America Act. In interpreting the B.N.A. Act, Sankey approached the Act in a manner similar to that which he used in the 1931 Persons case. "It must be remembered what the nature and scope of the Act are," he wrote. "In interpreting a constituent .. or organic statute such as the Act, that construction most beneficial to the widest possible amplitude of its powers must be adopted."[8]

Applying this "large and liberal"[9] method of construction to the B.N.A. Act, Sankey found that s. 91 of the Act did empower the Canadian Parliament to forbid appeals to the JCPC.

It does not indeed do so by express terms, but it does so by necessary intendment. Sect. 91 of the Act, read along with the rest of the Act, is, according to its true construction in their Lordships' opinion, apart from the limitations already referred to, intended to make and is apt to make the Dominion Legislature supreme and endow it with the same authority as the Imperial Parliament, within the assigned limits of subject and area...[10]

While noting that the Parliament of the United Kingdom could, if it wished, repeal all or part of the Statute of Westminster, enabling it to reassert its authority over Canadian affairs at any time, Sankey noted that this was a matter of "theory and has no relation to realities. In truth Canada is in enjoyment of the full scope of self-government."[11]

Aftermath

The Parliament of Canada subsequently abolished civil appeals to the Privy Council in 1949,[12] after the Privy Council affirmed that Parliament had the right to do so.[13]

Nature of the Statute of Westminster 1931

The Statute of Westminster 1931 has been described as "the last of the Imperial Acts of the Parliament applicable to all the Dominions. It granted Canada...what amounted to independence."[14] More specifically, it removed limits on the legislative competence of the Parliament of Canada. "The Statute of Westminster had removed any legislative incompetence from the Canadian legislature and accordingly the legislature had full power to enact the section in question."[15]

The Statute of Westminster freed Dominion legislatures from the constraints of the Colonial Laws Validity Act, under which colonial laws "repugnant" to laws, orders, or regulations imposed by the United Kingdom Parliament were to be considered "absolutely void and inoperative."[16] That was the basis on which the prohibition of appeals to the Privy Council in criminal matters had been struck down in Nadan.

References

  1. ^ British Coal Corporation and others v The King [1935] UKPC 33, [1935] AC 500 (6 June 1935), P.C. (on appeal from Quebec)
  2. ^ as outlined in List of Judicial Committee of the Privy Council cases originating in Canada
  3. ^ Criminal Procedure Amendment Act, S.C. 1888, c. 43, s. 1
  4. ^ Frank Nadan v The King [1926] UKPC 13, [1926] AC 482 (25 February 1926), P.C. (on appeal from Alberta)
  5. ^ Criminal Code Amendment Act, S.C. 1932-33, c. 53, s. 17
  6. ^ British Coal v. the King [1935] A.C. 500, at 512.
  7. ^ a b British Coal v. the King [1935] A.C. 500, at 516
  8. ^ British Coal v. the King [1935] A.C. 500, at 518
  9. ^ Lord Sankey, citing his own judgment in Edwards v. Canada (Attorney General)
  10. ^ British Coal v. the King [1935] A.C. 500, at 519
  11. ^ British Coal v. the King [1935] A.C. 500, at 520
  12. ^ Supreme Court Amendment Act, S.C. 1949 (2nd. session), c. 37, s. 3
  13. ^ The Attorney-General of Ontario and others v The Attorney-General of Canada and others("Reference Re Abolition of Privy Council Appeals") [1947] UKPC 1, [1947] AC 128 (13 January 1947), P.C. (on appeal from Canada)
  14. ^ Claude Bélanger (26 February 2001). "The Statute of Westminster (1931)". Marianopolis College.
  15. ^ *Barnett, Hilaire (2002). Constitutional and Administrative Law (4th ed.). London: Cavendish. p. 199. ISBN 978-1-85941-721-8.
  16. ^ "An Act to remove Doubts as to the Validity of Colonial Laws" (PDF). 1865., s. 2

Further reading

"British Coal Corporation and Others v The King:  Three Comments", Canadian Bar Review (1935) 13:No 9, 615–634.

This page was last edited on 20 May 2024, at 00:41
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