PPAS 3135 Lecture Notes - Lecture 8: Ultra Vires, Price Controls, Fokker E.Ii
25 Jun 2018
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Week 5: The Courts and Constitutional Division of Powers: The Fate of
POGG Power
1. Social policy: Unemployment Insurance
a. Great Depression and the lack of social protection
a.i. Great Depression sparked the belief that the government should
indeed serve a role in citizen’s lives.
a.ii. Thus Keynesianism was adopted, beginning of welfare state
b. R.B. Bennett’s New Deal Legislation.
b.i. Act to cope with the Great Depression
c. Jurisdictional conflict
c.i. Reference question sent to Supreme court whether the Federal
Government and the authority to implement legislation for
employment
c.ii. Appealed to JCPC
2. Reference re Employment and Social Insurance ACT, 1937.
a. Political implications of the ruling by JCPC
a.i. Galvanized Canadian nationalism and generated a sense
resentment towards law lords in JCPC2
b. It cannot be justified on the emergency ground
b.i. Establishing EI is not a federal emergency because EI is
provincial jurisdiction and is not justified as an emergency
c. It cannot be justified on the federal spending power ground.
c.i. Federal government can transfer money to organization, but EI
entails regulations with provincial powers, which would be ultra
vires
d. What is Federal spending power: the power of federal parliament to
transfer and spend money on individuals, organization or
governments for the purposes in which the constitution does not
state
d.i. Extrapolated from the BNA, if the government can request
taxes they can also give money
e. Constitutional basis: Negotiations to transfer EI Authority to
federal government as a national program
f. Controversy from JCPC ruling,
f.i. Pressures to repeal JCPC through following cases
f.ii. Federal and provincial negotiation and subsequent
constitutional amendment in 1940 that brought unemployment
insurance under the federal jurisdiction.
3. Attorney General of Ontario v. Attorney General of Canada (Reference re
Abolition of Privy Council Appeals, 1947);
a. Pressure to abolish appeals to JCPC due to strike down of EI
b. Amending Supreme Court Act-1939
b.i. Supreme Court was recognized as the final court of Appeal for
Canada
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Document Summary
Week 5: the courts and constitutional division of powers: the fate of: social policy: unemployment insurance, great depression and the lack of social protection. Great depression sparked the belief that the government should indeed serve a role in citizen"s lives. a. ii. Thus keynesianism was adopted, beginning of welfare state: r. b. Act to cope with the great depression: jurisdictional conflict c. i. Reference question sent to supreme court whether the federal. Government and the authority to implement legislation for employment c. ii. Appealed to jcpc: reference re employment and social insurance act, 1937, political implications of the ruling by jcpc a. i. Galvanized canadian nationalism and generated a sense resentment towards law lords in jcpc2 b. It cannot be justified on the emergency ground b. i. Establishing ei is not a federal emergency because ei is provincial jurisdiction and is not justified as an emergency c. It cannot be justified on the federal spending power ground. c. i.
