Opinion of The Council
The Ontario decision was reversed on appeal to the Privy Council. Viscount Haldane, agreeing with Hodgins' dissenting opinion, held that the Act could not be upheld under:
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- the federal peace, order and good government power, as "the mere fact that Dominion legislation is for the general advantage of Canada or is such that it will meet a mere want which is felt throughout the Dominion" will not make an Act valid
- the federal trade and commerce power, as it does not extend to the regulation of a licensing system
- the criminal law power, as it does not make striking itself a crime
Read more about this topic: Toronto Electric Commissioners V. Snider
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