Louise Walsh Poirier

The respondent opened a free-standing abortion clinic in Nova Scotia.

In response, the provincial government enacted the Medical Services Act and regulations, which prohibited the performance of abortions outside of approved hospitals and denied medical insurance coverage for such services.

The respondent was charged with violating the Act and acquitted at trial on the basis that the legislation was ultra vires the province.

The Court of Appeal upheld the acquittal.

The Supreme Court of Canada dismissed the Crown's appeal, holding that the legislation was in pith and substance criminal law, which falls under the exclusive legislative jurisdiction of the federal Parliament, as its primary purpose was to prohibit abortions outside hospitals as socially undesirable conduct.

The appellant brought a motion to prohibit the intervener from presenting arguments on the federal peace, order and good government (POGG) power.

The intervener sought to argue that the impugned provincial legislation fell under POGG, an issue not raised by the respondent or included in the constitutional questions framed by the Chief Justice.

The Supreme Court of Canada granted the motion, holding that an intervener is not entitled to widen or add to the points in issue, and cannot introduce a new constitutional issue that would circumvent the notice requirements for Attorneys General.

The appellant, a young person, was convicted by a family court judge sitting as a youth court judge.

The appellant challenged the jurisdiction of the youth court judge, arguing that the jurisdiction fell within the purview of section 96 of the Constitution Act, 1867 and was reserved for superior court judges.

The Supreme Court of Canada, relying on its concurrent decision in Reference re Young Offenders Act (P.E.I.), held that provincially appointed judges can preside over youth courts without offending section 96, and that the establishment of youth courts is within provincial legislative competence.

The appeal was dismissed.

The appellant, a young person, was charged with offences under the Criminal Code and appeared before a provincial magistrate's court judge sitting as a youth court judge, who declined jurisdiction.

The Nova Scotia Supreme Court, Trial Division, found the provincial court judge had jurisdiction and issued mandamus, which was upheld by the Court of Appeal.

The Supreme Court of Canada dismissed the appeal, holding that provincially appointed judges can preside over youth courts without offending s. 96 of the Constitution Act, 1867.