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Toronto Electric Commissioners V. Snider





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 did not want to recognize the authority of the board and so applied to have the Act invalidated as '' Ultra Vires '' of the federal government.


OPINION OF THE COUNCIL

Lord Watson held that the Act could not be upheld under the "emergency" doctrine of the federal Peace, Order And Good Government power. The power could only be used in times of extraordinary peril and emergency, but it cannot be used to unjustifiably override the provinces' Property And Civil Rights power.


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