Today, the responsibility for making laws about labour belongs
to provincial governments. How did jurisdiction over labour law
change from being federal to provincial?
When
the federal government passed the Industrial
Disputes and Investigation Act in 1907, many protested
at the ability of the federal government to pass laws that affected
all workers in all industries across Canada. They felt that under
the British North America Act of 1867 the power to legislate
about the civil rights of employers and employees was given to the
provinces alone.
Several
cases challenged the authority of the federal government but for
one reason or another were not resolved. Then in 1923, a legal challenge
was raised to the appointment of a board under the federal act concerning
street railway workers in Toronto. In 1925, the Privy Council declared
in the Snider case that the Industrial Disputes and
Investigation Act was unconstitutional. The provinces had the
right to make laws regarding the civil rights of employers and employees,
unless it was in an area specifically in the domain of the federal
government. The only time that this power could revert back to the
federal government would be in a time of national crisis.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
January
2005 |