Wm. Henkel

The Governor in Council referred a constitutional question to the Supreme Court of Canada regarding whether Canada or Newfoundland has the right to explore and exploit, and the legislative jurisdiction over, the mineral and other natural resources of the continental shelf offshore Newfoundland.

The Court held that the continental shelf rights are an extraterritorial manifestation of external sovereignty.

Since Newfoundland did not possess external sovereignty prior to joining Confederation, and international law did not recognize continental shelf rights at that time, the rights accrued to Canada.

Consequently, Canada has both the right to explore and exploit the resources and the legislative jurisdiction over them under its residual peace, order, and good government power.

The appellant was charged under a Calgary municipal by-law for being on a street for the purpose of prostitution.

She challenged the constitutional validity of the by-law, arguing it invaded the federal government's exclusive jurisdiction over criminal law.

The Supreme Court of Canada held that the by-law was ultra vires the province and the municipality, as its pith and substance was an attempt to control or punish prostitution rather than to regulate street use or public nuisance.

The appeal was allowed and the acquittal restored.