Oct. 18, 2012 POGG Continued (vs. Emergency Power).pdf
University of Saskatchewan
Oct. 18, 2012: POGG: Continued (vs. Emergency Power)
“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
- 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.
- 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