POLS 3135 Lecture 6 2008

POLS 3135 Lecture 6 2008 - Decisions dealing with Trade &...

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Decisions dealing with Trade & Commerce [91(2)] and Treaty-Making Cases Cases discussed today: Citizens Insurance Co. v. Parsons (1881) (1922) Proprietary Articles of Trade Assoc. (1931) Natural Prod’s Marketing Ref (1937) [ Ontario farm products marketing case (1957) Chicken and Egg Reference (1971) Labatt v. A.-G. Canada (1980) [ General Motors v. City National Leasing (1989) Nova Scotia Interdelegation Case (1951) PEI Potato Marketing Board vs. Willis (1952) Labour Conventions case (1937)
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Citizens Insurance Co. v. Parsons, 1881 Impugned: Ontario Fire Insurance Policy Act. Fire in Parsons’ warehouse. Parsons wanted insurance payment Ins Co : you didn’t observe the fine print. Parsons : the fine print didn’t conform to the Act. Ins Co : The act is ultra vires Ontario. Sir Montague Smith discusses how s. 91 & 92 overlap. JCPC will interpret the BNA Act as an ordinary statute. -Smith Invokes presumption that specific takes precedence over general. “Property & Civil Rights” more “cubby hole” doctrine. S. 92(13)? Yes. Also S. 91(2)-T&C? No. Feds can incorp. Co’s with national objective, but doesn’t prevent provinces from regulating intra provincial transactions international + inter provincial and general. He doesn’t define these categories. Left for later cases.
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Board of Commerce & Combines & Fair Practices Acts (1922) [review] Impugned: fed anti- profiteering legis. after WW I Board stated case to SCC re Ottawa clothing stores Appeal from SCC: Duff (BC) vs. Anglin Viscount Haldane wrote decision Pith & substance: combines & hoarding in peace-time Cubby-hole: 92(13) S. 91 too?: – Crim power? No – not like incest – T&C: no; 2nd branch of T&C is supplemental to other federal powers – POGG? Only in “highly exceptional circumstances” [emergency doctrine] Ultra vires 3 aspects of POGG: nat concern, emerg, residual
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PATA; Nat Prods Marketing Ref Proprietary Articles Trade Assoc ref. (1931) – Impugned: federal anti- combines legislation (akin to Bd of Commerce case) – Lord Atkin for JCPC Intra vires under fed. Criminal power (91[27])
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This note was uploaded on 02/14/2012 for the course POLS 3136 taught by Professor Bazowski during the Winter '10 term at York University.

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POLS 3135 Lecture 6 2008 - Decisions dealing with Trade &...

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