The case was appealed to the Judicial Committee of the Privy Council, which declared that all three Orders in Council were " intra vires ", for the reasons given at the SCC by Rinfret CJ and Kerwin and Taschereau JJ.
12.
Fourthly, even if, for the sake of argument, we accept Tznkai's phantom sanctions to be intra vires, there can be no possible reading of those ambiguous sanctions that would say that Brews could not vote in that poll.
13.
Thus, if a statute is found in substance to relate to a topic within the competence of the legislature, it should be held to be " intra vires " even though it might incidentally trench on topics not within its legislative competence.
14.
The Court unanimously ruled that the Act was " intra vires " the Parliament of Canada, as it dealt with matters falling within " bankruptcy and insolvency " under s . 91 ( 21 ) of the " British North America Act, 1867 ".
15.
The constitutional question put before the Court was whether the Act infringed the right to freedom of conscience and section 1 of the Charter, and whether the Act was intra vires ( within ) Parliament's criminal power under section 91 ( 27 ) of the Constitution Act, 1867.
16.
The principle is named after the decision in which it was first recognised : " Re Duomatic Ltd " [ 1969 ] 2 Ch 365, although in that case Salomon v Salomon & Co Ltd " where he stated that'the company is bound in a matter intra vires by the unanimous agreement of its members '.
17.
There were some doubts as to the ability of local authorities to enter into such transactions, but the local authorities sought the opinion of Anthony Scrivener QC, a leading commercial silk, who had advised that if a " rate swap is undertaken as part of the proper management of the council's fund then . . . the swap will be " intra vires " " [ i . e . within the powers of the council ].
18.
The central issues raised by this appeal are whether ss . 30 and 69 ( 1 ) of the Immigration Act are intra vires Parliament, and whether s . 26 of the Legal Profession Act, which prohibits a person, other than a member of the Law Society in good standing or a person listed in the exceptions, to engage in the practice of law, is constitutionally inoperative to persons acting under ss . 30 and 69 ( 1 ) of the Immigration Act and its associated Rules and Regulations.
19.
Having concluded that Mr . Malloy [ the bylaw officer ] was a peace officer for Criminal Code purposes, and having concluded that the charge under s . 118 of the Criminal Code applies [ now sec . 129 ], I doubt whether s . 13 of the dog bylaw is intra vires of the council of the City of Whitehorse [ in other words, who is or is not a peace officer is not up to municipal governments ] . " Obstruction of an animal control officer is a matter of criminal law over which the federal government has legislative jurisdiction . " . . . In any event it is not for the council of the City of Whitehorse to determine who is a peace officer for the purposes of the Criminal Code.
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