The Attorney General of British Columbia appealed a decision of the British Columbia Court of Appeal which held that provisions of the Family Relations Act conferring jurisdiction on the Provincial Court over guardianship, custody, access, occupancy of the family residence, and non-entry orders were ultra vires the province under s. 96 of the British North America Act.
The Supreme Court of Canada allowed the appeal in part, holding that it is within the authority of the province to confer jurisdiction on the Provincial Court respecting guardianship of the person of the child and custody of or access to the child.
However, the Court held that conferring jurisdiction respecting orders concerning occupancy and use of the family residence and the making of non-entry orders was ultra vires.
