IRE244H1 Lecture Notes - Lecture 3: Privy Council Of The United Kingdom, Independent Contractor, Wrongful Dismissal
10 Oct 2018
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Sections 91 & 92 of the constitution act (1981) divide responsibility between. Based on the british north america act of 1867 (bna act) Employment legislation did not exist in 1867 when the bna act passed (e. g. no unions, esa, ei, cpp, hrc, pay equity) Bna act gave provinces authority over property and civil rights and federal govt responsibility for peace order and good government (i. e. pogg power) Federal govt assumed it had authority to regulate employment. 1872 canadian govt passed trade unions act, which legalized unions. 1907 canadian govt passed the industrial disputes investigation (idi) act which required conciliation before a strike. Toronto electric commissioners refused to recognize authority of a conciliation board established under the federal idi act. Argued federal government did not have jurisdiction to apply the act to municipal employees or enact law affecting civil rights. Federal authority was upheld by the supreme court of canada, but at that time.
