Constitutional Notes
November 20, 2013
Canada Temperance Federation this involves the most current (at that point in time) Canada Temperance Act – In essence another challenge to the decision in Russell
National Concern Test – must be found in the real subject matter of the legislation not about existence of emergency concern of nation as a whole
3 cases in common dealt with new matters – truly new – did not exist at confederation (aeronautics, atomic energy etc.) different from provincial areas that touched on this (property and civil rights/local and private nature) conflict in goals – between provincial government and federal government coherent and identifiable; united and indivisible
Recent Developments
Anti-Inflation Reference what did the anti-Inflation Act provide? pg. 465 – control of prices and wages in the country who was included in the scope of the act?
Applies to federal public service; provincial private sector the provincial public sector – could opt-in – 8/10 provinces opted in if the provinces have to opt-in is it really a crisis? (argument for those who oppose the anti-Inflation legislation), pg 467, 491 what arguments were brought by the AG Canada in support of the Act?
1) national concern test – containment and reduction went beyond national ornerance
2) inflation (containment and reduction) amounted to an economical crisis and created an emergency temporarily suspends provincial power for the federal emergency power certain matters are new matters and go beyond provincial powers
2 consequences arise (if valid for national concern or emergency power)
Economic Emergency Issues
1)exclusion of provincial public sector does the exclusion somehow undercut federal argument of spiralling inflation and high unemployment?
Laskin – the exclusion of provincial sector does not have an effect on whether this is crisis legislation rejection of “not an emergency” just because not included provincial public sector
2) effect of preamble on this
Canada Temperance Federation this involves the most current (at that point in time) Canada Temperance Act – In essence another challenge to the decision in Russell
National Concern Test – must be found in the real subject matter of the legislation not about existence of emergency concern of nation as a whole
3 cases in common dealt with new matters – truly new – did not exist at confederation (aeronautics, atomic energy etc.) different from provincial areas that touched on this (property and civil rights/local and private nature) conflict in goals – between provincial government and federal government coherent and identifiable; united and indivisible
Recent Developments
Anti-Inflation Reference what did the anti-Inflation Act provide? pg. 465 – control of prices and wages in the country who was included in the scope of the act?
Applies to federal public service; provincial private sector the provincial public sector – could opt-in – 8/10 provinces opted in if the provinces have to opt-in is it really a crisis? (argument for those who oppose the anti-Inflation legislation), pg 467, 491 what arguments were brought by the AG Canada in support of the Act?
1) national concern test – containment and reduction went beyond national ornerance
2) inflation (containment and reduction) amounted to an economical crisis and created an emergency temporarily suspends provincial power for the federal emergency power certain matters are new matters and go beyond provincial powers
2 consequences arise (if valid for national concern or emergency power)
Economic Emergency Issues
1)exclusion of provincial public sector does the exclusion somehow undercut federal argument of spiralling inflation and high unemployment?
Laskin – the exclusion of provincial sector does not have an effect on whether this is crisis legislation rejection of “not an emergency” just because not included provincial public sector
2) effect of preamble on this