The respondents were charged with unlawful conspiracy to lessen competition under s. 32(1)(c) of the Combines Investigation Act.
The proceedings were conducted by counsel authorized by the Attorney General of Canada.
The respondents sought prohibition to prevent the Provincial Court from proceeding, arguing that under s. 92(14) of the Constitution Act, 1867, only the provincial Attorney General could prosecute criminal offences.
The Supreme Court of Canada held that the federal Attorney General has the constitutional authority to conduct the prosecution.
A majority found that s. 32(1)(c) is validly enacted under Parliament's trade and commerce power (s. 91(2)) as well as its criminal law power, and therefore federal prosecutorial authority is valid.
Other justices held that even if the Act rested solely on the criminal law power, Parliament is competent to authorize the federal Attorney General to prosecute federal offences.
