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 asserted that this was in conflict with Ontario's Trade Disputes Act, and so applied to have the Act declared ultra vires as being beyond federal jurisdiction.
In a 4-1 decision by Ferguson J.A., the Ontario Court of Appeal held that the federal Act was constitutional, as it derived from the s. 91 powers relating to peace, order and good government, trade and commerce, and criminal law. Hodgins J.A. dissented, stating that the Act could not stand, as it did not deal with a case of:
-
- emergency,
- general Canadian interest or importance, or
- with any of the powers listed in s. 91.
Read more about this topic: Toronto Electric Commissioners V. Snider
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