29:
400:
The sequence of events after the disallowance of the three Acts is so significant that I can find no escape from the conclusion that, instead of being a taxing enactment, Bill 1 is merely a part of a legislative plan to prevent the operation within the province of those banking institutions which
545:
380:
had been subsequently repealed by the
Alberta legislature, Bills 8 and 9 could not be brought into operation, as their provisions were contingent on actions of the now-abolished Social Credit Board. Therefore, the question was
279:, and to reveal their sources on demand, and also authorizing the provincial government to prohibit the publication of any newspaper, any article by a given writer, or any article making use of a given source)
575:
350:, the press bill was automatically as well, while Cannon J considered the subject matter of the bill to be solely under federal jurisdiction. In their concurring opinion for the majority,
550:
488:
Reference re The Power of the
Governor General in Council to Disallow Provincial Legislation and the Power of Reservation of a Lieutenant-Governor of a Province
368:, which states that Canada has a constitution similar to that of the United Kingdom, implies that freedom of the press is vital to Canada's democratic system.
192:
580:
115:
448:
39:
401:
have been called into existence and given the necessary powers to conduct their business by the only proper authority, the
Parliament of Canada.
540:
359:
286:
235:
565:
560:
585:
570:
80:
Reference Re
Alberta Statutes - The Bank Taxation Act; The Credit of Alberta Regulation Act; and the Accurate News and Information Act
338:
330:
271:
111:
318:
224:(preventing any person from challenging the constitutionality of Alberta's laws in court without receiving the approval of the
196:
119:
225:
28:
595:
358:
argued that press freedom was too important to be left entirely to the provinces. The three judges argued that the
555:
107:
163:
where several provincial laws, including one restricting the press, were struck down and the existence of an
590:
495:
239:
160:
87:
491:
422:
364:
164:
83:
393:
276:
406:
294:
243:
156:
249:
Following the disallowance, the
Alberta legislature passed the following bills in October 1937:
355:
351:
184:
134:
103:
325:
was unconstitutional as well, as it attempted to intrude on the federal powers relating to
444:
275:(requiring newspapers to print "clarifications" of stories considered inaccurate by the
259:(levying provincial taxes on banks' paid-up capital and reserve funds at punitive rates)
389:
534:
290:
246:
posed by the federal government, unanimously ruled that such disallowance was valid.
188:
180:
200:
342:, five of the six justices stated that, since the press bill was ancillary to the
421:
The SCC ruling was one of the foundation cases leading to the recognition of an
313:
299:
266:(similar to the previous disallowed Act, but covering all "credit institutions")
218:(preventing unlicensed banks and their employees from initiating civil actions)
311:
All six members of the Court declared the subject matter of all the bills as
212:(requiring all bankers to obtain a license from the Social Credit Commission)
382:
326:
176:
199:
passed several Acts to implement the Social Credit agenda, to which
167:
protecting civil liberties such as a free press was first proposed.
546:
Judicial
Committee of the Privy Council cases on appeal from Canada
187:
had passed several laws as part of a series of reforms inspired by
303:
the provincial legislature to pass any of those measures.
50:
Attorney
General of Alberta v Attorney General of Canada
441:
Attorney
General of Alberta v Attorney General of Canada
388:As to Bill 1, the Board agreed with the opinion of
130:
125:
99:
94:
75:
70:
55:
45:
35:
21:
576:Supreme Court of Canada reference question cases
317:the province. In addition, the Court ruled 5-0 (
398:
8:
409:a measure to regulate banking, and was thus
293:. As a result, the federal government posed
297:to the Supreme Court as to whether it was
27:
18:
385:, and they expressed no opinion on them.
307:Reference to the Supreme Court of Canada
551:Canadian freedom of expression case law
433:
234:In August 1937, the federal government
193:1937 Social Credit backbenchers' revolt
40:Judicial Committee of the Privy Council
264:Credit of Alberta Regulation Act, 1937
16:1938 Canadian constitutional law case
7:
191:economic theory. Arising from the
14:
339:Accurate News and Information Act
272:Accurate News and Information Act
425:in Canadian constitutional law.
376:The Board declared that, as the
321:expressing no opinion) that the
210:Credit of Alberta Regulation Act
581:Canadian social credit movement
365:British North America Act, 1867
216:Bank Employees Civil Rights Act
197:Legislative Assembly of Alberta
86:, SCR 100 (4 March 1938),
494:, SCR 71 (4 March 1938),
226:Lieutenant-Governor in Council
1:
541:Supreme Court of Canada cases
405:Accordingly, the bill was in
144:Reference Re Alberta Statutes
22:Reference Re Alberta Statutes
566:Political history of Alberta
561:Canadian federalism case law
451: (on appeal from Canada)
222:Judicature Act Amendment Act
372:Appeal to the Privy Council
153:Alberta Press Act Reference
612:
586:Banking case law in Canada
507:SA 1937 (1st Sess.), c. 10
571:1938 in Canadian case law
478:SA 1937 (2nd Sess.), c. 5
469:SA 1937 (2nd Sess.), c. 2
460:SA 1937 (2nd Sess.), c. 1
378:Alberta Social Credit Act
344:Alberta Social Credit Act
329:, banks and banking, and
323:Alberta Social Credit Act
26:
525:SCC reference, at p. 151
116:Lord Russell of Killowen
289:by Lieutenant-Governor
240:Supreme Court of Canada
161:Supreme Court of Canada
59:July 14, 1938
445:[1938] UKPC 46
423:Implied Bill of Rights
403:
165:implied bill of rights
447: (14 July 1938),
346:which had been ruled
238:all three Acts. The
147:, also known as the
295:reference questions
277:Social Credit Board
244:reference questions
135:The Lord Chancellor
104:The Lord Chancellor
596:Monarchy of Canada
407:pith and substance
331:trade and commerce
149:Alberta Press case
392:(concurred in by
257:Bank Taxation Act
140:
139:
603:
556:Alberta case law
526:
523:
517:
514:
508:
505:
499:
485:
479:
476:
470:
467:
461:
458:
452:
438:
185:William Aberhart
175:The province of
155:, is a landmark
95:Court membership
66:
64:
31:
19:
611:
610:
606:
605:
604:
602:
601:
600:
531:
530:
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515:
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502:
486:
482:
477:
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468:
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459:
455:
439:
435:
431:
419:
374:
309:
285:All bills were
242:, in answering
173:
112:Lord Thankerton
62:
60:
17:
12:
11:
5:
609:
607:
599:
598:
593:
591:Media case law
588:
583:
578:
573:
568:
563:
558:
553:
548:
543:
533:
532:
528:
527:
518:
509:
500:
492:1938 CanLII 34
480:
471:
462:
453:
432:
430:
427:
418:
415:
413:the province.
373:
370:
308:
305:
283:
282:
281:
280:
267:
260:
232:
231:
230:
229:
219:
213:
183:government of
172:
169:
138:
137:
132:
128:
127:
123:
122:
120:Lord Macmillan
101:
100:Judges sitting
97:
96:
92:
91:
77:
73:
72:
68:
67:
57:
53:
52:
47:
46:Full case name
43:
42:
37:
33:
32:
24:
23:
15:
13:
10:
9:
6:
4:
3:
2:
608:
597:
594:
592:
589:
587:
584:
582:
579:
577:
574:
572:
569:
567:
564:
562:
559:
557:
554:
552:
549:
547:
544:
542:
539:
538:
536:
522:
519:
516:SA 1938, c. 4
513:
510:
504:
501:
497:
496:Supreme Court
493:
489:
484:
481:
475:
472:
466:
463:
457:
454:
450:
446:
442:
437:
434:
428:
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408:
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397:
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386:
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379:
371:
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353:
349:
345:
341:
340:
334:
332:
328:
324:
320:
316:
315:
306:
304:
302:
301:
296:
292:
291:John C. Bowen
288:
278:
274:
273:
268:
265:
261:
258:
254:
253:
252:
251:
250:
247:
245:
241:
237:
227:
223:
220:
217:
214:
211:
208:
207:
206:
205:
204:
202:
198:
194:
190:
189:social credit
186:
182:
181:Social Credit
178:
170:
168:
166:
162:
158:
154:
150:
146:
145:
136:
133:
129:
126:Case opinions
124:
121:
117:
113:
109:
105:
102:
98:
93:
89:
88:Supreme Court
85:
84:1938 CanLII 1
81:
78:
76:Appealed from
74:
69:
58:
54:
51:
48:
44:
41:
38:
34:
30:
25:
20:
521:
512:
503:
487:
483:
474:
465:
456:
440:
436:
420:
417:Significance
410:
404:
399:
387:
377:
375:
363:
347:
343:
337:
335:
322:
312:
310:
298:
284:
270:
263:
256:
248:
233:
221:
215:
209:
201:royal assent
179:, under the
174:
152:
148:
143:
142:
141:
79:
71:Case history
49:
411:ultra vires
348:ultra vires
336:As to the
314:ultra vires
300:intra vires
269:Bill No. 9
262:Bill No. 8
255:Bill No. 1
203:was given:
131:Decision by
535:Categories
429:References
236:disallowed
171:Background
108:Lord Atkin
63:1938-07-14
394:Crocket J
157:reference
498:(Canada)
396:) that:
390:Kerwin J
360:preamble
327:currency
319:Cannon J
287:reserved
151:and the
90:(Canada)
490:,
362:of the
356:Davis J
352:Duff CJ
177:Alberta
159:of the
82:,
61: (
56:Decided
195:, the
443:
36:Court
449:P.C.
383:moot
354:and
537::
333:.
118:,
114:,
110:,
106:,
228:)
65:)
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