POLS 3135 Lecture 5 2008

POLS 3135 Lecture 5 2008 - POGG II Employment and Social...

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POGG II Employment and Social Insurance Act Reference (1937) A.G. Ont. v. Canada Temperance Federation (1946) Johannesson v. West St. Paul (1952: SCC no longer a “captive court.”) Reference re Offshore Mineral Rights (1967) Ref re Anti-Inflation Act (1976) Queen v. Crown Zellerbach (1988) Beginning with Can Temp Fed., cases, these cases demonstrate an expansion of judicial interpretation of POGG, as compared with its diminution during the Watson-Haldane era.
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Impugned legislation: Employment & Social Insurance Act, 1935 (part of new deal legislation to get Canada out of depression). It created an unemployment insurance program in Canada, for the first time. Opposition Leader Mackenzie King: it's good legislation, but ultra vires . When he became Prime Minister later in 1935, King referred the question of the validity of the Act to the SCC, which in fact ruled the legislation ultra vires . Lord Atkin at JCPC: agreed Atkin: the subject matter, “unemployment insurance," falls under s. 92(13). Therefore, neither POGG nor T&C can be used to justify the legislation as federal. Louis St. Laurent (future PM) was the lawyer for the federal crown. He argued that the impugned legislation can be supported under fed. taxation and spending power. Atkin did not agree. Result : constitutional amendment in 1940 supported by all the provincial premiers and the federal Parliament, which gave the federal government the power to create an unemployment insurance program.
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AG Ont. v. Can Temperance Federation (1946) Impugned: Canada Temperance Act, 1927 Ont Referred question of validity of Act to Ont CA. Lost there and in SCC. Appeal to JCPC by Ont (supported
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POLS 3135 Lecture 5 2008 - POGG II Employment and Social...

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