POLS 3135 Chapter Notes - Chapter 4: Ultra Vires, Primary And Secondary Legislation, Wage War
28 Nov 2016
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Matter of reference as to whether the parliament of canada had legislative jurisdiction to enact employment and social insurance act of the statutes of canada, 1935. An appeal from judgement given by supreme court for a reference by the governor. General asking if the employment and social insurance act was outside the jurisdiction of the parliament of canada. Majority of supreme court said yes it was ultra vires. Act provides for system of compulsory unemployment insurance. Substance of act contained in part 3. Funds for making payments are to be provided by parliament, contributions by employees and employers. This kind of insurance provision which affected contract of employment fell under property and civil rights in the province, which meant that provincial legislature had jurisdiction over this area. This statute was borne out of a treaty made by the dominion, so the dominion believed that the legislation should be in their jurisdiction but counsel rejected these grounds.
