Walter v. Attorney General of Alberta
Encyclopedia
Walter v. Attorney General of Alberta, [1969] S.C.R. 383 is a famous decision of the Supreme Court of Canada
. The Court upheld the Albertan provincial Communal Properties Act of 1955, which among other things, restricted the amount of land that could be owned by Hutterite
s and Doukhobor
s. The Act required that those wishing to use land for communal colonies must first obtain the permission of the provincial government. It was intended to restrict communal use of land, but had the effect of discriminating against religious groups.
Walter had argued that the Act was "colourable" legislation (i.e. law that had a hidden purpose), and that its true purpose concerned freedom of religion, which is a matter within the exclusive jurisdiction of the federal government.
The Court unanimously upheld the Act. The pith and substance
of the Act, the Court said, related to land ownership in Alberta. Accordingly, property within the province was a valid matter of provincial jurisdiction, even though it had an incidental effect on religion.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
. The Court upheld the Albertan provincial Communal Properties Act of 1955, which among other things, restricted the amount of land that could be owned by Hutterite
Hutterite
Hutterites are a communal branch of Anabaptists who, like the Amish and Mennonites, trace their roots to the Radical Reformation of the 16th century. Since the death of their founder Jakob Hutter in 1536, the beliefs of the Hutterites, especially living in a community of goods and absolute...
s and Doukhobor
Doukhobor
The Doukhobors or Dukhobors , earlierDukhobortsy are a group of Russian origin.The Doukhobors were one of the sects - later defined as a religious philosophy, ethnic group, social movement, or simply a "way of life" - known generically as Spiritual Christianity. The origin of the Doukhobors is...
s. The Act required that those wishing to use land for communal colonies must first obtain the permission of the provincial government. It was intended to restrict communal use of land, but had the effect of discriminating against religious groups.
Walter had argued that the Act was "colourable" legislation (i.e. law that had a hidden purpose), and that its true purpose concerned freedom of religion, which is a matter within the exclusive jurisdiction of the federal government.
The Court unanimously upheld the Act. The pith and substance
Pith and substance
Pith and substance is a legal doctrine in Canadian constitutional interpretation used to determine under which head of power a given piece of legislation falls...
of the Act, the Court said, related to land ownership in Alberta. Accordingly, property within the province was a valid matter of provincial jurisdiction, even though it had an incidental effect on religion.