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Oct. 18, 2012 POGG Continued (vs. Emergency Power).pdf

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University of Saskatchewan
Political Studies
POLS 303
Joe Garcea

Oct. 18, 2012: POGG: Continued (vs. Emergency Power) October-18-12 8:34 PM “New Deal” Legislation - Series of cases from 1920s and 1930s. o The JCPC continues to narrow the scope of POGG. - JCPC becomes the ultimate court in Canada. - The feds passed eight new laws to address the Great Depression. - All six cases: o JCPC overturned all national issues based on idea that they were based on property. - Government argued that the impugned legislation can be supported under POGG. - Government also argued that part of feds power, treaties signed domestically can be considered “international” law. - Rowell-Sirois Commission (1937) o Only piecemeal reforms occurred. Supreme Court of Canada and POGG: - The idea of a watertight component is starting to leak. - The complexity of policy issues today suggests it could not have happened. - POGG has been broadened in scope since 1949. Emergency Branch - Reference Re Anti-inflation (1975) o Feds launch a comprehensive program to tackle inflation  Controls on wages, prices, profits. - Public sector unions launch a challenge anti-inflation program. - Feds look to SCC for clarity and argue: o Inflation is a problem of inherent national concern. o Falls under the national dimensions branch of POGG. - Emergencies Act (1988): o Defines boundaries of POGG’s emergency powers. o War Measures A
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