The Lieutenant-Governor in Council of New Brunswick referred questions to the Court of Appeal regarding the constitutional validity of establishing a unified criminal court with provincially appointed judges to try all indictable offences.
The Court of Appeal answered the questions in the affirmative.
On appeal, the Supreme Court of Canada held that the proposal was unconstitutional, as it would effectively transform an inferior court into a superior court, thereby depriving the Governor General of the power to appoint judges under section 96 of the Constitution Act, 1867.
