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Published online by Cambridge University Press: 07 November 2014
The legislation of the past session of the Canadian Parliament is of particular interest for three reasons. Firstly, it was a pre-election session; secondly, it witnessed further “anti-depression” efforts; and thirdly it indicated the nature of Mr. Bennett's “reform” programme. The purpose of the present article is to review the legislation passed at this session of Parliament and to attempt a brief analysis of it. Some sixty-six public Acts were passed but not more than twenty will be mentioned by name here, and only a few of these twenty require any detailed discussion. The forty or more undiscussed Acts consist of Supply Bills, minor Acts, and minor amendments to existing statutes. Although it is difficult to draw a precise line between “reform” legislation and any other kind, the analysis here will be in terms of “reform” Acts and of other general Acts. This division allows some general discussion on a topical basis.
In his radio broadcasts in January, 1935, Mr. Bennett announced a programme of “reform” legislation including certain general proposals then outlined, and other legislation arising out of the recommendations shortly to be made by the Price Spreads Commission. The report of the Royal Commission was presented in April, 1935. The legislation originating from these two sources will be discussed under the general heading of “reform”.
First in the “reform list” come the Acts whose constitutionality—because their subject matter is assigned to provincial jurisdiction—depends upon the treaty-making power of the Dominion. The specific Acts so passed are the Employment and Social Insurance Act, the Minimum Wage Act, the Limitation of Hours of Work Act, and the Weekly Rest in Industrial Undertakings Act. The preambles of these Acts indicate clearly that their constitutionality is tied to the treaty-making powers of the Dominion government.
1 Formally the sixth session of the seventeenth Parliament, 25-26, Geo. V, 1935.
2 For further details see “The Unemployment and Social Insurance Bill” (Canadian Journal of Economics and Political Science, Aug., 1935): I. “General Principles and European Experience” by Richter, L. (pp. 436–48Google Scholar); II. “A Comment from the Point of View of American Opinion” by Couper, W. J. (pp. 448–56)Google Scholar; III. Problems in Unemployment Insurance Administration” by Stewart, Bryce M. (pp. 456–64).Google Scholar
3 Debates of the House of Commons of the Dominion of Canada, 1935, unrevised ed., pp. 2908–9.Google Scholar
4 See Claxton, Brooke, “Social Reform and the Constitution” (Canadian Journal of Economics and Political Science, 08, 1935, pp. 409–35).Google Scholar
5 Debates of the Senate of the Dominion of Canada, 1935, unrevised ed., pp. 59–84, 88–112 Google Scholar, and contains some conventions and a discussion of them; also ibid., pp. 249-58.
6 Claxton, , “Social Reform and the Constitution”, pp. 418–22.Google Scholar
7 Debates of the House of Commons of the Dominion of Canada, 1935, unrevised ed., pp. 3420–3 and 3758–84.Google Scholar Even the minister of justice was doubtful of the constitutional validity of this section.
8 Financial Post (Toronto), 09 21, 1935, pl.Google Scholar
9 Board of Commerce Act 1919, [1922] 1 A.C. 191.
10 Debates of the House of Commons of the Dominion of Canada, 1935, unrevised ed., p. 3946.Google Scholar