POLS 3135 Lecture Notes - Lecture 5: Supreme Court Act, Unemployment Benefits, Reference Question

• School: York University
• Department: Political Science
• Course: POLS 3135
• Professor: Sirvan Karimi

Document Summary

Week 5: the courts and the constitutional divisions of. Powers: supreme court of canada and the pogg. Social policy: unemployment insurance: 1937, great depression, significant rise of unemployment, undermined the belief that unemployment is voluntary, municipality couldn"t not take care of people, unemployment insurance could take care of people who were unemployed. Federal government to have such programs: liberal government sent a reference question, does federal government have jurisdiction to create this, appealed to jcpc, federal government argued, emergency: unemployment had not been contemplated in the bna. Act, therefore it falls under federal jurisdiction because of pogg: federal government has spending power, so they can establish such programs. Provincial jurisdiction: federal and provincial government negotiation and amended the bna act in 1940, that brought unemployment insurance under the federal jurisdiction. Attorney general of ontario v. attorney general of canada (reference re abolition of privy. Scc"s interpretation of pogg power, expanding power of national government.