''Union Colliery Co of British Columbia v Bryden'' is a Canadian constitutional decision of the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Aug ...

where the exclusivity principle in

Canadian federalism Canadian federalism () involves the current nature and historical development of the federal system in Canada. Canada is a federation with eleven components: the national Government of Canada and ten provincial governments. All eleven ...

and

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. The doctrine is primarily used when a law is challenged on the basis that one level of ...

analysis was first articulated. Bryden was a shareholder in Union Colliery, a coal mining company in British Columbia, and was troubled by the company's practice of employing "Chinamen" and putting them into positions of authority. He sought an injunction against the company for violating section 4 of the provincial Coal Mines Regulation Act of 1890, which prohibited hiring "Chinamen" to work in coal mines. Union Colliery challenged the constitutionality of Act, arguing that the prohibition related to matters of naturalization and was under the jurisdiction of the federal government under section 91(25) of the

British North America Act, 1867 The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...

. Bryden, however, argued that since the federal government had no laws covering the matter the province was allowed to step in and legislate on it. The issue before the Council was whether the provinces could legislate in matters under federal jurisdiction where the federal government has remained silent. The Council held that the

of the provision was in relation to "aliens and naturalized subjects" and did fall within the federal jurisdiction. They also held that the federal government did not need to pass laws in all areas within their jurisdiction, and under the exclusivity principle the province can never intrude upon the federal jurisdiction. It is only where the two governments make an explicit agreement can the province legislate in federal matters.

References

{{Anti-Chinese sentiment 1899 in Canadian case law Canadian federalism case law Canadian civil rights case law History of Chinese Canadians Judicial Committee of the Privy Council cases on appeal from Canada Anti-Chinese sentiment in Canada Mining in British Columbia Coal mining in Canada

See also

References