POLS 3130 Lecture Notes - Lecture 18: National Capital Commission, Ultra Vires, Padlock Law
25 Nov 2018
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Document Summary
A. g. nova scotia vs. a. g. canada, 1951. Provincial government of nova scotia: delegate power over labour relations to the fed parliament, nova scotia would accept powers delegated in the reverse. Legislation referred to the ns sc and scc: both courts deem delegation procedure invalid. Municipality of west st. paul [manitoba] attempted to regulate the location of an airport. Scc rules this to action to be ultra vires. The decision based federal jurisdiction over aeronautics firmly on pogg. Scc strikes down quebec"s padlock law : adopted in 1937 by the duplessis. Padlock premises used for the propagation of communism. Scc stated that the law was unconstitutional as it intruded on the federal jurisdiction over criminal law. Case addresses the federal government"s trade and commerce power. Affirmed the canadian wheat board"s monopoly over the grain trade: key point the decision included grain consumed with its province of origin.
