In re Regulation and Control of Aeronautics in Canada
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In re the Regulation and Control of Aeronautics in Canada (1932) AC 54 is a Privy Council case on the interpretation of the Canadian Constitution. Lord Sankey decided in the case that the federal government has the authority to govern the subject of aeronautics, including licensing of pilots, aircraft, and commercial services and regulations for navigation and safety.
His Lordship held that transport is an issues that falls under both provincial jurisdiction and federal jurisdiction. The relevant clauses in the Canadian Constitution that support the federal claim include s.91(2), which grants federal government the right to regulate trade and commerce, and s.91(5) regarding postal services. The provinces argued on the grounds of s.92(13) (property and civil rights in the Provinces) and s.92(16) (all matters of a merely local and private nature). However, their lordships ruled that none of those sections deals specifically with aeronautics, and that this branch of transportation really falls under s.132 of the Constitution, which gives the Parliament all powers necessary or proper for performing the obligations towards foreign countries arising under treaties between the Empire and such foreign countries.
The Court further held that the real object of the Constitution Act, 1867 was to "give the central Government those high functions and almost sovereign powers to which uniformity of legislation might be secured on all questions which were of common concern to all the Provinces as members of a constituent whole."
