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Federalism Peace.docx

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McMaster University
Political Science
Greg Flynn

Federalism Peace, Order & Good Government 1. Sec 92 a. Prop & CR-No-Fed b. Yes 2. Sec 91 –T &C -CRM No- Provincial -POGG Yes 3. Reconcile – Double aspect  Does this fall under the parsons test 1. The POGG preamble & the JCPC a. Peace order of good government b. Federal government you turn to the preamble of sec 91 c. Section 92 is different are allowed to make laws on the provincial level d. 91 allows the queen to make laws on the knowledge from governor general e. It dealt with anything that wasn’t specifically listed under the sec 91- 92 f. It’s a residual matter g. It deals with mater that don’t fall under sec 91-92 h. There have been 3 different test, that has been established by JCPC 2. The Gap doctrine i. Basically process that the on the object of the peace order is a residual power or its purpose was to fill the gaps or whole between the two levels of government b. Re: Radio Reference [1932] A.C. 304 i. Put a reference in order to regulate the radio and telecommunication ii. The Canadian government went into a treaty to regulate the radio and telecommunication 3. The Emergency Powers Doctrine i. Associated with Lord Huldayne, member of the JCPC ii. Considered a provincialist iii. First explicitly set out the Emergency powers doctrine in the Board of commerce case iv. He ignore the Parsons case v. He passes this legislation after the war came to an end. After a formal declaration of peace vi. Decides that under moral circumstance the federal government cannot interfere in quasi-authority. (104) vii. The federal government can only reply on the peace order when the peace order of the country is peril viii. Who decides what emergency power doctrine stands for ix. The courts left the decision to the government to decide when we are in an emergency x. It has a very clear overruling of the government. Government has a lot of levy on the decision as long as they provide enough evidence to back there argument for state of emergency b. Snider i. Arguing that wages and working condition, goes across the whole country. Lord Huldayne, says that federals could only rely on the POGG where an emergency that imperials the life of the country exists, so as to allow to intrude upon the rights of provinces c. New deal statutes i. Effort of the Bennett to come back from the depression to regulate the unemployment insurance, min work and wage, national market scheme ii. King becomes PM again, has a question as to whether these are constitutionally within authority of the federal government iii. Some provinces appeal this decision to JCPC, who dismiss all of the statues as falling outside federal jurisdiction iv. Gross national product fell by %40, unemployment at %5, 1 in 5 Canadians needed financial assistant d. Fort francis PP v. Man FP [1923] A.C. 695 i. JCPC talking about divisions of powers, ii. There is a lock box around 91 and 92, there should be leakage between the two governments iii. They argued again that the POGG can only be used in a national emergency 4. National Concern Doctrine i. Issues that were originally local and rise up and become country wide then it should be given to the federal b. Russell v. the Queen i. Mr. Russell was caught or selling liquor ii. He argued that this was civil and property right and a provincial concern rather then a federal iii. JCPC disagreed with his argument, completely ignored civil and property rights iv. Government believes that we should not be able to drink anywhere in the country c. Local Prohibition References i. Specific recognition o National concern Doctrine ii. Mr. Hodges was fined for letting customers play pool and drink iii. The provincial and federal government where both legislating the liquor act iv. There was confusion to who has control of the liquor act v. This case was more of a civil and property rights
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