March 4, 1938 (18th Parliament, 3rd Session)

LIB

Ernest Lapointe (Minister of Justice and Attorney General of Canada)

Liberal

Right Hon. ERNEST LAPOINTE (Minister of Justice):

Mr. Speaker, at the request of some hon. members I desire to lay on the table of the house six copies of the answers of the Supreme Court of Canada to certain questions, by way of reference by the governor in council of certain Alberta matters, and the reasons for such answers. The questions and answers are as follows:
Question. Is power of disallowance a still subsisting power?
Answer: Yes.
Question. Is power, if subsisting, subject to any restriction, and, if so, what is nature of restriction?
Answer: No.
Question: Is Bill No. 1, entitled an Act Respecting the Taxation of Banks, intra vires?
Answer: No.
Question: Is Bill No. 8, entitled an Act to Amend and Consolidate the Credit of Alberta Regulation Act, intra vires?
Answer: No.

Coronation Oath

Question: Is Bill No. 9, entitled An Act to Ensure the Publication of Accurate News and Information, intra vires?
Answer: No.
Question: Is power of reservation a still subsisting power?
Answer: Yes.
Question: Is power, if subsisting, subject to any restrictions, and, if so, what is the nature of restrictions?
Answer: No.
The court stated that the only restrictions on disallowance or reservation were the statutory restrictions contained in the British North America Act, and the limitations on the power of the lieutenant-governor contained in his instructions.
The opinion on every one of the references is unanimous.

Topic:   VALIDITY OF ALBERTA STATUTES
Subtopic:   POWERS OF DISALLOWANCE AND RESERVATION- ANSWERS OF SUPREME COURT TO CERTAIN QUESTIONS REFERRED BY GOVERNOR IN COUNCIL
Full View