Дело McLaren v Caldwell: Установление провинциальной юрисдикции и развитие канадского федерализма.

Privy Council judicial decision

McLaren v Caldwell was a landmark decision of the Judicial Committee of the Privy Council that upheld provincial jurisdiction in matters of a local or private nature, as well as over property and civil rights. It has been described as "a decision in a non constitutional legal context that had indirect non legal, but profound, constitutional consequences."

The Privy Council held in favour of Caldwell, ruling that the decision of the Ontario Court of Appeal (stating that the Upper Canada Act had been misconstrued as to its effect in Boale v. Dickson) was correct. After reviewing Upper Canada's laws in the matter that had been enacted as early as 1828, it further declared:

As a result of the Privy Council's ruling, the Legislative Assembly of Ontario passed the Rivers and Streams Act, 1884, which the federal government decided not to disallow. In order to assert its own jurisdiction, the Parliament of Canada subsequently passed the Navigable Waters Protection Act. Subsequent legislation on the issue had mixed results. McLaren v Caldwell established the principle in Canadian law that waterways are open to all, and that while private interests can charge a reasonable amount for the use of any improvements they have made, they cannot refuse passage to anyone. The victory was essentially a political one Mowat's refusal to back down in the face of Macdonald’s intransigence made it more difficult for the federal government to disallow legislation that clearly fell under provincial jurisdiction, and led Macdonald increasingly to send matters to the courts. Essentially, disallowance was considered to be inconsistent with the rule of law, as well as being incompatible with the political conception of Canadian federalism. The Judicial Committee of the Privy Council, in turn, increasingly ruled in favour of the provinces, with a broad interpretation of what constituted local matters. In that regard, it has been estimated that, in its history, the Judicial Committee overturned about half of all appeals from the Supreme Court of Canada, while only overturning about a quarter of all appeals from other Canadian courts.