Toronto Electric Commissioners v. Snider
Encyclopedia
Toronto Electric Commissioners v. Snider, [1925] AC 396 is a famous Canadian constitutional decision of the Judicial Committee of the Privy Council
where the Council struck down the federal Industrial Disputes Investigation Act, precursor to the Canada Labour Code. The Court identified matters in relation to labour to be within the exclusive competence of the province in the property and civil rights
power under section 92(13) of the Constitution Act, 1867
. This decision is considered one of the high water-marks of the Council's interpretation of the Constitution in favour of the provinces.
of the federal government.
power. The power could only be used in times of extraordinary peril and emergency, but it cannot be used to unjustifiably override the provinces' property and civil rights
power.
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
where the Council struck down the federal Industrial Disputes Investigation Act, precursor to the Canada Labour Code. The Court identified matters in relation to labour to be within the exclusive competence of the province in the property and civil rights
Property and civil rights
In Canadian constitutional law, section 92 of the Constitution Act, 1867 provides the provincial government with the exclusive authority to legislate on matters related to property and civil rights in the Province. Note that civil rights in this context is different from what is understood as civil...
power under section 92(13) of the Constitution Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
. This decision is considered one of the high water-marks of the Council's interpretation of the Constitution in favour of the provinces.
Background
In 1923, the employees for the Toronto Electric Commission, through the Canadian Electrical Trades Union, went on strike over working conditions and wages. The union applied under the Industrial Disputes Investigation Act to establish a dispute resolution board. The Commission did not want to recognize the authority of the board and so applied to have the Act invalidated as ultra viresUltra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
of the federal government.
Opinion of the Council
Lord Haldane held that the Act could not be upheld under the "emergency" doctrine of the federal peace, order and good governmentPeace, order and good government
In many Commonwealth jurisdictions, the phrase "peace, order and good government" is an expression used in law to express the legitimate objects of legislative powers conferred by statute...
power. The power could only be used in times of extraordinary peril and emergency, but it cannot be used to unjustifiably override the provinces' property and civil rights
Property and civil rights
In Canadian constitutional law, section 92 of the Constitution Act, 1867 provides the provincial government with the exclusive authority to legislate on matters related to property and civil rights in the Province. Note that civil rights in this context is different from what is understood as civil...
power.