Toronto Electric Commissioners v. Snider
| Toronto Electric Commissioners v Snider | |
|---|---|
.svg) |
|
| Court | Judicial Committee of the Privy Council |
| Full case name | The Toronto Electric Commissioners v Colin G Snider and others |
| Decided | 20 January 1925 |
| Citation(s) | [1925] UKPC 2, [1925] AC 396 (P.C.) |
| Case history | |
| Prior action(s) | Toronto Electric Commissioners v. Snider, 55 O.L.R. 454 |
| Appealed from | Ontario Court of Appeal |
| Court membership | |
| Judges sitting | Viscount Haldane, Lord Dunedin, Lord Atkinson, Lord Wrenbury, Lord Salvesen |
| Case opinions | |
| Decision by | Viscount Haldane |
| Keywords | |
| Canadian federalism, Labour relations, Property and civil rights | |
Toronto Electric Commissioners v Snider is a famous Canadian constitutional decision of the Judicial Committee of the Privy Council where the Council struck down the federal Industrial Disputes Investigation Act, precursor to the Canada Labour Code. The Court identified matters in relation to labour to be within the exclusive competence of the province in the property and civil rights power under section 92(13) of the Constitution Act, 1867. This decision is considered one of the high-water marks of the Council's interpretation of the Constitution in favour of the provinces.
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:
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:
After Snider, the Parliament of Canada revised the Industrial Disputes Investigation Act to restrict its application to federally incorporated companies and federally regulated industries, but also allowed it to be extended to any province by Act of its legislature. Six provinces exercised that option by 1928, and by 1932 all provinces other than Prince Edward Island had done so.
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