Class Notes (835,674)
Canada (509,326)
POLS 303 (23)
Joe Garcea (23)
Lecture 9

Oct. 30, 2012 - Lecture 9 (Property and Civil Rights).pdf

2 Pages
Unlock Document

Political Studies
POLS 303
Joe Garcea

Lecture 9 (Property and Civil Rights) October-30-12 2:16 PM Property and civil rights - Are the most important provincial powers in S. 92. - Was much later than when interpreted by JCPC. - 92.13, as it was drafted, should have been, or seemingly was, not very broad. - Smith concluded that the drafters of S. 92 (13) should interpreted in a broad/expansive manner. o Exact opposite of what constitutional scholars was supposed to be. - JCPC basically interpreted in a broad manner. - Property/civil rights cover: o Contractual rights. o Labour relations. o Business activity generally in a province. o Insurance? - JCPC interpretation of S. 92 (13) effectively supplants the opening words of S. 91 POGG. - Continues into the post-1949 jurisprudence. Chicken & Egg Reference (1971): - Ontario farmers produced an abundance of cheap eggs. - Quebec farmers produced an abundance of cheap chickens. - Farmers in both provinces exported their product to the other. - Farmers in both provinces pushed their provinces for protective legislation against the other (as each area had a comparative language). - Quebec established an egg marketing board with the power to protect Quebec’s producers. o Ontario creates similar board. o Legislation appears to be neutral (it isn’t). o Other farmers are shut out of Quebec and Ontario marketing scheme and lobby feds for protective powers. - Manitoba can’t refer to Quebec’s legislation to its own court. - Manitoba enacts identical legislation to the Quebec legislation and referred that legislation to its Court of Appeal. o Manitoba wanted to lose case to appeal to the SCC. o Nine judges on panel: 6 + 2 + 1 (all agreed ultra vires) - Bora Laskin’s first major decision: o Laskin is annoyed that case is fabricated? o Obiter since Parsons led to attenuation of literal interpretation of Trade & Commerce powers. o Laskin orders that a provincial marketing scheme would be acceptable “if” producers in other provinces were treated equally to control the import of eggs from other provinces. o Therefore, the matter is ultra vires (92(13)). - Monahan o Argues that the chicken and egg reference was “surely right.” o He suggests that provincial powers over property and civil rights could be used by one province to erect protectionist and discriminatory barriers. - Decision was followed by feds and provinces through an agreement that settled a national marketing plan. Natural Resources Cases - Canadian industrial gas and oil? o Provinces pushed for control of natural resources in Constitution. - Central Canada Potash? o Provinces pushed for control of natural resources in Constitution. - Friends of Oldman River vs. Canada Ont. - Hydro vs. Labour Rel
More Less

Related notes for POLS 303

Log In


Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.