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148-531: After requiring all Social Credit Members of the Legislative Assembly (MLAs) to sign loyalty oaths to it, the Social Credit Board proceeded to recommend radical legislation regulating banking, taxing banks, and restricting freedom of the press and access to courts. Most of this legislation was either disallowed by the federal government or ruled ultra vires (beyond the powers of) the province by

296-506: A provincial legislature , and the act ceases to operate as law. The authority to disallow an act of the federal Parliament was set out in section 56 of the Constitution Act, 1867 , and was held by the Crown in council . As part of the development of the modern Commonwealth of Nations reforms from 1926 to 1931 recognised that constitutional convention dictated that the government of

444-580: A 1922 amendment to the Act Relating to the Use of the Road and the 1922 amendment to The Motor Vehicle Act which governed the use of roadways in the province. The Legislature inadvertently passed the amendment to the Act Relating to the Use of the Road requiring persons driving to pass on the left, while amendment to The Motor Vehicle Act required drivers to pass on the right. The government of Nova Scotia asked for

592-502: A British treaty, or contain provisions that were previously disallowed. In 1876, the minister of justice Blake wrote the Secretary of State for Colonies requesting greater independence, and specifically requesting that Britain would not use the power of reservation. Subsequently, the seventh paragraph of the Royal instructions were repealed in 1878 on the insistence of Blake. La Forest notes that

740-480: A British treaty, or containing provisions that were previously disallowed. In 1876, minister of justice Edward Blake wrote the Secretary of State for Colonies, requesting greater independence, and specifically that Britain would not use the power of reservation. Subsequently, the seventh paragraph of the Royal Instructions was repealed in 1878 on the insistence of Blake, and jurist Gérard La Forest notes that

888-509: A bill which has been passed by a provincial legislature; the bill is then "reserved" for consideration by the federal cabinet. In Canadian constitutional law , the powers of reservation and disallowance of federal legislation formally remain in place in section 55 and section 56 of the Constitution Act, 1867 , and are extended to provincial legislation by section 90 . The initial intent of disallowance, and its practice for

1036-828: A chimera which, if placed in power, would wreck Alberta's chances for economic recovery." Of the province's major papers, only the Calgary Albertan provided even lukewarm support. So frustrated were the Social Crediters with the newspapers' hostility that in 1934 they founded their own, the Alberta Social Credit Chronicle , to spread their views. The Chronicle , in addition to acting as Aberhart's mouthpiece, carried guest editorials by such figures as British fascist leader Oswald Mosley and antisemitic priest Charles Coughlin . Media reaction to Social Credit's 1935 victory, in which it won 56 of 63 seats in

1184-742: A few weeks later the British Columbia Legislature passed the Immigration Act requiring a language test, the act was subsequently disallowed nearly a year later by the Laurier government on the grounds of federal paramountcy on immigration after a petition from the Japanese Consul. The British Columbia Legislature passed a similar act shortly afterwards which was disallowed six months after its passage. British Columbia continued to pass similar discriminatory legislation throughout 1902–1908 with

1332-658: A financial bailout by the Macdonald government. Provincial governments were not pleased with what they saw as the increasing interference of the federal government in provincial autonomy, and held the first Interprovincial Conference in Quebec City in October 1887 to discuss the issue, the meeting site was symbolic as had previously hosted the 1864 Conference that laid the basis for the British North America Act . Amongst

1480-597: A judgement in McNeil v. Sharpe of the Supreme Court of Canada which the Legislature felt the appellant MacNeil was poorly represented during the trial. The act vested MacNeil with the property taken during her bankruptcy and retroactively disqualified any claims or interests made on the property placed after 1911. Gouin's report concluded the act was "extraordinary" and opposed the "principles of right and justice", and that

1628-406: A mechanism to delay or overrule legislation passed by Parliament or a provincial legislature . In contemporary Canadian history, disallowance is an authority granted to the governor general in council (federal cabinet) to invalidate an act (also called a " statute ") passed by a provincial legislature. Reservation is an authority granted to the lieutenant governor to withhold royal assent from

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1776-545: A new economic theory that posited that poverty could be ended by increasing citizens' purchasing power. By 1937, many Social Credit backbenchers in the Legislative Assembly of Alberta were becoming frustrated with the government's lack of progress. This frustration became the 1937 Social Credit backbenchers' revolt. As a condition of regaining the rebels' support, Aberhart agreed to create the Social Credit Board, to be composed of five Social Credit MLAs and responsible for

1924-484: A non-binding resolution stating the governor general of a Dominion nation would never use the power of reservation on the instructions of the government of the United Kingdom. These Royal Instructions were related to legislation governing eight subjects: authorizing divorce , conferring anything of value to the governor general, creating a new legal tender , committing Canada to an international treaty inconsistent with

2072-560: A parallel between Canada's success in seeking autonomy and guarantees during the Imperial Conferences in 1926 and 1930 against the use of disallowance by the government of the United Kingdom, and the relationship between the provinces and federal government. Lapointe went so far as to say he did not think disallowance could easily be used by the federal government. Accurate News and Information Act The Accurate News and Information Act (complete title: An Act to Ensure

2220-475: A profile that mocked Aberhart's appearance, taking note of his "vast colorless face" and his "narrow, left slanted mouth with soft, extra-heavy, bloodless lips which don't quite meet and through which he breathes wetly." Finkel, finding fault with both sides of the Aberhart-press feud, states The major newspapers of the province opposed virtually everything the government did. Virtually every reform instituted

2368-480: A provincial legislature begins after the bill has passed third reading in the legislature and the lieutenant governor has granted royal assent. The Constitution Act requires the lieutenant governor to send a copy of every act of the legislature which has been granted royal assent to the Governor General. For a period of up to one year from receipt of a copy of the act, the governor general in council may disallow

2516-616: A relatively small government party that enjoyed considerable support from various sectors of the Alberta population for its judicious combination of right-wing rhetoric and social service and road-building programs." The Social Credit Board, with its reform mandate and its direct pipeline to Douglas, was no longer needed. Disallowance and reservation in Canada [REDACTED] Canada portal Disallowance and reservation are historical constitutional powers in Canada that act as

2664-536: A result of its conscious sustained nonuse and public repudiation by preceding and present political actors". A similar view is shared by Canadian political scientist Andrew Heard who considers the powers reflecting the values of a "bygone era", and no longer align with the Canadian views of federalism. Canadian political scientist Peter H. Russell agrees that the powers have become politically "unusable" as Canadian understanding of federal–provincial relations has moved from

2812-517: A rewritten version of the Credit of Alberta Regulation Act . The previous version had been disallowed partly on the basis that, under the British North America Act, 1867 , banking was a responsibility of the federal government, and the government of Alberta therefore lacked the authority to regulate it. In an attempt to address this concern, the new version substituted the words "credit institutions" for "banks". The Social Credit Board's proposals also included

2960-598: A stop to the Accurate News and Information Act , at least temporarily, but Aberhart's fight against the press continued: on March 25, 1938, a resolution of the Social Credit-dominated legislature ordered that Don Brown, a reporter for the Edmonton Journal , be jailed "during the pleasure of the assembly" for allegedly misquoting Social Credit backbencher John Lyle Robinson on the inclusion of chiropractors in

3108-615: A superior–subordinate relationship to one of equals who coordinate with each other. The power of disallowance and reservation for an act of the Parliament of Canada is provided to the King-in-Council (Privy Council of the United Kingdom) under Section 56 of the Constitution Act . The only incidence of the King-in-Council using this authority occurred in 1873 when the Oaths Act, 1873

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3256-431: Is a conflict between federal policies and interests is the most common reason for disallowance. From 1867 to 1881, the governor general disallowed 27 provincial acts, of which 25 were considered ultra vires of the powers of the provincial Legislatures. La Forest notes that when the minister of justice found an ultra vires provision that was useful or of little importance, they generally communicated their concerns to

3404-494: Is difficult to determine his personal opinions on the circumstances where disallowance would be acceptable, except that he subscribed to the belief that the courts should decide the validity of laws which may exceed the provincial governments constitutional authorities. When King's Liberals were returned to government in the 1935 Canadian federal election , Lapointe was once again appointed justice minister. La Forest notes that Lapointe began to include in his reports more detail on

3552-423: Is provided "unrestricted" authority to reserve legislation based on the lieutenant governor's discretion , except as instructed by the governor general in council. Since Confederation, 70 bills passed by a provincial legislature have had royal assent reserved by a lieutenant governor, of which 14 bills of a provincial legislature have been granted royal assent by the governor general. In his book published by

3700-434: Is set out in section 90 of the Constitution Act, 1867 and held by the governor general acting on the advice of the Canadian federal cabinet (e.g., governor general in council). The decision to disallow a provincial act must be made within one year of the governor general's receipt of the act from the lieutenant governor. Section 90 : The following Provisions of this Act respecting the Parliament of Canada, namely, —

3848-826: The Montreal Star accused Albertans of voting for "an untried man and a policy whose workings he ostentatiously refused to explain before polling day." American newspapers were less restrained: the Chicago Tribune asked "Greetings to the Canadians. Who's loony now?" and the Boston Herald ' s headline screamed "Alberta goes crazy". The relationship did not improve once Aberhart took office. In January 1935, H. Napier Moore wrote two articles for Maclean's casting doubt on Aberhart's honesty and his ability to follow through on his election promises. The American Collier's Weekly ran

3996-466: The 1896 Canadian federal election brought major changes to the use of disallowance by the federal government. In the years prior to the 1896 election, Laurier had made it clear he would not intervene in matters within provincial jurisdiction, unless the matters intervened with federal policy, and was not supportive of disallowance in circumstances where the act was "unjust". During this period, thirty acts were disallowed, twenty-one of which were passed by

4144-700: The 1935 Alberta election on the strength of promises to use a new economic theory called social credit to end depression conditions in the province. It did so against the almost uniform opposition of the news media. Some of the province's major newspapers were loyal to one of the traditional parties: the Edmonton Bulletin , for example, had supported the Liberals since its inception. Aberhart initially laid out his economic agenda in only vague terms, and by early 1935 his opponents, including Premier Richard Gavin Reid of

4292-462: The Accurate News and Information Act , along with the others submitted to it for evaluation, was ultra vires (beyond the powers of) the Alberta government. In the case of the Accurate News and Information Act , the court found that the Canadian constitution included an " implied bill of rights " that protected freedom of speech as being critical to a parliamentary democracy. For its leadership in

4440-732: The Bank Taxation Act , which imposed extremely high taxes on banks operating in Alberta, and the Accurate News and Information Act , which severely restricted freedom of the press . All of these bills were passed by the legislature. Bowen, not wishing to have more laws to which he had assented disallowed, reserved assent from all three until the Supreme Court of Canada could comment on their constitutional validity. It did so in 1938's Reference re Alberta Statutes , which found all three to be unconstitutional. The Social Credit Board's major initiatives had failed. World War II further reduced

4588-496: The British North America Act removing the power of disallowance over topics within the provincial sphere of Section 92 , and a second resolution calling on the federal government to seek a judicial opinion on each case of disallowance, which would be open to appeal. Macdonald and the federal government were invited to the conference but chose not to attend, the Macdonald's allies in the governments of British Columbia and Prince Edward Island also declined to attend. No action

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4736-483: The British North America Act to provide the Canadian Parliament with the same privileges afforded the Parliament of the United Kingdom, including the authority to examine witnesses under oath. The Canadian Parliament subsequently passed a new Oaths Act . Political scientist Andrew Heard argues that disallowance of federal law has been effectively forbidden by constitutional convention in Canada since 1942 when

4884-500: The Canadian department of justice , Gérard La Forest divides this history of Canada following Confederation into five periods based on the use of disallowance. The first period from Confederation in 1867–1881, second period from 1881 to 1896, third period from 1896 to 1911, the fourth period from 1911 to 1924, and the fifth period from 1924 until the publishing of La Forest's book Disallowance and Reservation of Provincial Legislation in 1954. The periods generally correspond to changes in

5032-485: The Constitution of Canada . There are also three territorial governments in the far north, which exercise powers delegated by the federal Parliament . Each jurisdiction is generally independent from the others in its realm of legislative authority. The division of powers between the federal government and the provincial governments is based on the principle of exhaustive distribution: all legal issues are assigned to either

5180-663: The Department of Justice Act in 1868, which gave the Minister of Justice the responsibility to examine provincial legislation. Prime Minister John A. Macdonald held the position of Minister of Justice and shortly after the passing of the Department of Justice Act brought forward to Cabinet a report on June 8, 1868, approved as Order in Council P.C. 1868-0611 describing the role of the Department of Justice and government of Canada when utilizing

5328-530: The Judicature Act prohibiting court actions alleging that any of Alberta's legislation was unconstitutional. Lieutenant-Governor of Alberta John Campbell Bowen , asked to give royal assent to these bills, asked Attorney-General John Hugill if he considered them to be valid under the Canadian constitution . Hugill responded in the negative and, after being asked to do so by Aberhart, resigned. Aberhart appointed himself Attorney-General and told Bowen that it

5476-552: The Legislative Assembly of Alberta , was almost uniformly negative. The Herald opined that "the people of Alberta have made a most unfortunate decision and may soon see the folly of it." Even the Albertan expressed its wish that social credit be first tried in "Scotland, or Ethiopia or anywhere but Alberta." Reaction across Canada was also negative; the St. Catharines Standard called the results "a nightmare that passeth all understanding" and

5624-720: The Nova Scotia Legislature in 1868. The act was disallowed in August 1869 as it dealt with criminal law , which was within the exclusive constitutional jurisdiction of the federal government. In 1871, a question arose concerning the powers of the governor general, Canadian Cabinet and Parliament following the New Brunswick Legislature passing the Common Schools Act of 1871 , which abolished church-run schools, and compelled Catholics to financially contribute to

5772-473: The Supreme Court of Canada ; these defeats and the advent of World War II made the Social Credit Board increasingly irrelevant. In its later years it became highly anti-Semitic , and it was dissolved by the government of Ernest Manning in 1948. William Aberhart 's Social Credit League won the 1935 Alberta general election on a platform of ending the Great Depression by implementing social credit,

5920-584: The United Farmers of Alberta , were trying to force him to commit to a specific plan. The Calgary Herald took up this call, going so far as to offer Aberhart a full page to lay out his approach in detail. Aberhart refused, on the grounds that he considered the Herald' s coverage of him to be unfair. He frequently attacked the newspaper in speeches around the province, and on April 28 suggested that his followers boycott it and other unfriendly newspapers. The boycott

6068-587: The Vancouver Island Settler's Rights Act passed by the British Columbia Legislature . Reservation is the decision by a representative of the Crown to withhold royal assent from an act of the federal Parliament under section 55 of the Constitution Act, 1867 , or an act of a provincial legislature under section 90 of the Constitution Act, 1867 . In the federal context, this meant

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6216-570: The Workman's Compensation Act . Brown was never actually jailed; the next day, in response to negative publicity from across Canada, the legislature passed another resolution, ordering "the release of Mr. Don C. Brown from custody." In Barr's view, "the government was made to look less ominous than silly." Around the same time, the Supreme Court ruled on the Reference re Alberta Statutes . It found that

6364-603: The monarch-in-council . Section 55 : Where a Bill passed by the Houses of the Parliament is presented to the Governor General for the Queen's Assent, he shall declare, according to his Discretion, but subject to the Provisions of this Act and to Her Majesty's Instructions, either that he assents thereto in the Queen's Name, or that he withholds the Queen's Assent, or that he reserves the Bill for

6512-674: The "S.C. Signal Tower" advising the car "All's clear. Don't stop, look or listen." Though the Herald was the most strident in its opposition to Aberhart and Social Credit, the Bulletin , the Edmonton Journal , the Medicine Hat News , the Lethbridge Herald , and many smaller papers all, in the words of Athabasca University historian Alvin Finkel, "attacked Social Credit viciously as

6660-462: The "rights of one man and vest them in another" which a Legislature's power to do so was deemed "exceedingly doubtful". The decision to disallow the act went against the principles of Macdonald's 1868 report, and was protested by the Premier of Ontario Oliver Mowat and opposition in Parliament, including Wilfrid Laurier. Further accusations came from the opposition claiming the decision was motivated, as

6808-477: The 1800s, Macdonald's government disallowed acts without delay, the Laurier cabinet took their time and disallowed acts could remain in force for months before disallowance. Bruce Ryder notes that because of these delays by the Laurier cabinet, anti-Asian provincial immigration laws were in force more often in the province than not. In 1907, British Columbia Lieutenant Governor James Dunsmuir reserved royal assent on

6956-558: The 1870 act of the Ontario Legislature that amended the will of George Jervis Goodhue against the wishes of the trustees and other parties, as Macdonald viewed the Legislature as having the authority to pass this legislation. Following Confederation in 1867, the Dominion government began the process of interpreting the new British North America Act and determining the responsibilities of each level of government. Parliament passed

7104-473: The British Columbia Legislature; however, no act was disallowed on the grounds of injustice or inexpediency. Laurier's ideals on federalism and the supremacy of provincial legislatures in constitutionally defined areas was shared by his ministers of justice Oliver Mowat, David Mills , Charles Fitzpatrick , and Allen Bristol Aylesworth . Instead the federal government under Laurier cautioned legislatures on instances where laws could be considered unjust, but left

7252-468: The British founder of the social credit movement, would agree to head this commission. Douglas refused MacLachlan's entreaties to do so, but sent two representatives, George Frederick Powell and L. Dennis Byrne, in his stead. One of Powell's first acts was to demand that all Social Credit MLAs sign an oath of loyalty to the Social Credit Board, which almost all did. The first round of legislation recommended by

7400-539: The Canadian Pacific Railway to hire labourers from Europe for railway construction instead of individuals of Chinese descent, and dissatisfied with progress made by the federal government on immigration, British Columbia attempted to regulate immigration under Section 95 of the British North America Act . Minister of Justice Campbell rejected the argument, noting provinces could encourage immigration, but not prohibit immigration, and subsequently disallowed

7548-574: The Canadian Pacific line in Western Canada, this was to protect Canadian Pacific from competition, and support the Macdonald's National Policy. Ten of the disallowed acts infringed on the Canadian Pacific monopoly directly by chartering competing companies, while two other acts generally promoted railway construction in Manitoba against the interests of the federal government. James R. Mallory notes

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7696-470: The Canadian Parliament to be reserved by the governor general for the approval of the government of the United Kingdom. The power of disallowance of an act of a provincial legislature is outlined in the Constitution Act in Sections 55 and 90, with the authority resting with the governor general in council. Sections 55 and 90 of the British North America Act does not specify whether the authority rests with

7844-412: The Dominion government to the Canadian Pacific Railway. Doherty noted that the use of disallowance aligned with the fourth principle of Macdonald's memo of 1868, and was within the right of the Dominion to disallow the act. Further in this particular case, Doherty believed the power of disallowance was necessary to protect the province from passing unwise bills. The 1921 Canadian federal election saw

7992-427: The Dominion negatively. Macdonald's Order in Council also required that the department of justice complete a report on the offending provincial act that included the reasons why disallowance was necessary. Macdonald followed his own recommendations closely and produced a report each year listing the provincial acts he did not find objectionable, and a separate report of the provincial acts he found objectionable based on

8140-542: The Elders of Zion . Its 1943 report alleged "a plot, world-wide in scope, deliberately engineered by a small number of ruthless international financiers", most of whom were Jewish. Its 1947 report repeated these allegations, and also proposed a new voting system in which voters would state their choices publicly, and be taxed only for those government programs they supported during the election. Political parties were to be abolished in favour of "leagues of electors", and all farmland

8288-516: The Governor General on the advice of the federal government, with the duty of acting as the representative of the Crown for the province. Once a bill has passed through the chamber(s), the bill is presented to the governor-general (or lieutenant governor) for assent on the Sovereign's behalf . Disallowance is the decision by a representative of the Crown to veto an act of the Parliament of Canada , or

8436-435: The Governor General was no longer permitted to forward Acts of Canadian Parliament to the government of the United Kingdom. The Constitution Act stipulates that the government of the United Kingdom has two years to disallow a law after receiving an official copy of it. However, an Act of the Canadian Parliament cannot be disallowed under Section 56 because it cannot be received by the British government. This convention

8584-473: The Legislature rather than use the power of disallowance. Macdonald was hesitant to disallow acts that he disagreed with, were petitioned against, or were otherwise disagreeable without a strong legal rationale, a view shared by Liberal successors as Minister of Justice Edward Blake and Rodolphe Laflamme . Macdonald's view on disallowance changed after 1881, as his government disallowed a growing number of provincial acts. For instance, Macdonald did not disallow

8732-687: The Liberal Party led by Mackenzie King return to power and Lomer Gouin appointed as the new minister of justice. Gouin's opinion on disallowance aligned with those of Doherty, in contrast to the Liberal government under Laurier. Gouin recommended disallowance of the An Act to vest certain lands in Victoria County to Jane E. MacNeil, 1922 passed by the Nova Scotia Legislature, which sought to evade

8880-535: The Lieutenant Governor of the Province for the Governor General, of the Governor General for the Queen and for a Secretary of State, of One Year for Two Years, and of the Province for Canada. The power of disallowance is not retroactive , so any action lawfully done under an act's terms before the act has been disallowed remains legal. This principle was outlined in the Judicial Committee of the Privy Council decision in Wilson v. Esquimalt and Nanaimo Railway Co. following Robert Borden 's disallowance of an amendment to

9028-435: The New Brunswick Legislature was emboldened to pass more provisions strengthening the provisions of the act, and a second resolution for disallowance was passed by the Parliament of Canada in 1873. Macdonald spoke out against Parliament's authority to disallow acts, and Secretary of State for the Colonies Lord Wodehouse responded to Parliament further reinforcing that disallowance was the responsibility of Canadian Cabinet and

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9176-454: The New Brunswick government under Premier George Edwin King as friendly to his interests. President of Imperial Privy Council Lord Robinson refused to take action to disallow the act at the request of Parliament, and responded by affirming that the power of disallowance of provincial acts is held by the governor general acting on the advice of Canadian Cabinet. The controversy over the New Brunswick Common Schools Act did not fade away as

9324-437: The Nova Scotia Legislature had made "itself a court of appeal from the Supreme Court of Canada". Federal Conservative Henry Lumley Drayton introduced a motion to Parliament describing federal interference in the law as an abuse of power and interfering within the constitutional rights of provinces to govern. La Forest notes at this instance the opinion of the Conservative and Liberal parties towards disallowance had flipped from

9472-438: The Ontario Legislature pass the bill again, which it did, and the lieutenant governor provided royal assent. The second period of disallowance and reservation came in 1881 which saw thirty-eight acts disallowed. The change in disallowance policy that separates this period came with the disallowance of An Act for Protecting the Public Interests in Rivers, Streams and Creeks passed by the Ontario Legislature. La Forest believes

9620-547: The Ontario act in 1881. La Forest notes that Thompson's actions as justice minister were at times inconsistent, disallowing some acts and refusing to recommend disallowance for similar reasons. Thompson was also very willing to indicate in his reports where he saw an injustice had taken place, and whether or not the injustice was sufficient reason for the act to be disallowed. Following Thompson, Conservative justice ministers Charles Hibbert Tupper , Thomas Mayne Daly , and Arthur Rupert Dickey refused to disallow an act solely on

9768-495: The Privy Council. Following the disallowance of the Ontario act, the minister of justice was inundated with petitions to disallow further acts, La Forest notes that Alexander Campbell who held the role from 1881 to 1885 studied each petition thoroughly, but only disallowed Ontario's further attempts to pass the Rivers and Streams Acts . Campbell's successor as justice minister John Thompson refused to recommend disallowance for acts that interfered with property rights similar to

9916-416: The Provisions relating to Appropriation and Tax Bills, the Recommendation of Money Votes, the Assent to Bills, the Disallowance of Acts, and the Signification of Pleasure on Bills reserved, — shall extend and apply to the Legislatures of the several Provinces as if those Provisions were here re-enacted and made applicable in Terms to the respective Provinces and the Legislatures thereof, with the Substitution of

10064-403: The Publication of Accurate News and Information ) was a statute passed by the Legislative Assembly of Alberta , Canada, in 1937, at the instigation of William Aberhart 's Social Credit government. It would have required newspapers to print "clarifications" of stories that a committee of Social Credit legislators deemed inaccurate, and to reveal their sources on demand. The act was a result of

10212-498: The Salary of the Governor General reduced the salary of the governor general from $ 10,000 to $ 6,500 which was not granted and was not recommended for royal assent by the governor general or by the Secretary of State for the Colonies Marquess of Chandos . The second bill, An Act respecting the Treaty between Her Majesty and the United States of America for the apprehension and surrender of certain offenders received royal assent in June and subsequently became law. Macdonald considered

10360-417: The Secretary of State thinks fit to disallow the Act, such Disallowance (with a Certificate of the Secretary of State of the Day on which the Act was received by him) being signified by the Governor General, by Speech or Message to each of the Houses of the Parliament or by Proclamation, shall annul the Act from and after the Day of such Signification. The authority to disallow an act of a provincial legislature

10508-413: The Seven Dwarfs to make him its first ever staff cartoonist; Cameron devoted himself full-time to the ridicule of Aberhart. Though Social Credit staffer turned journalistic historian John Barr argues that the media's unswerving hostility to Aberhart may have benefited him politically by allowing him to "depict the press as a mere tool of Eastern financial and commercial interests", by January 1936 Aberhart

10656-526: The Signification of the Queen's Pleasure. Today the powers of disallowance and reservation, while still operative, are generally considered dormant, prompting some debates about whether they have effectively become obsolete through disuse. Comparative public law scholar Richard Albert has argued that both powers have fallen into " constitutional desuetude ", which occurs "when an entrenched constitutional provision loses its binding force upon political actors as

10804-465: The Social Credit Board would cease to exist effective March 1948, and in February 1948 he asked for and received Byrne's resignation as deputy minister of Economic Affairs. Despite its beginnings as a vehicle of intended economic revolution, the board achieved nothing of lasting importance. Once its early efforts were foiled by the federal government and the courts, it ceased to have much influence. By 1948,

10952-516: The Social Credit Board's importance, as implementation of social credit took a backseat to the war effort. Instead of proposing new policy, the board devoted itself to propaganda ; its members spoke across the province about social credit, and it distributed vast numbers of pamphlets and leaflets (272,900 in 1939). When Aberhart died in 1943, he was replaced by Ernest Manning , who was by this time considerably less open to radical social credit proposals than Aberhart had been. He soon transferred many of

11100-486: The Social Credit Board's responsibilities to the new department of Economic Affairs, of which L. D. Byrne was the deputy minister . Byrne, the remaining Douglas lieutenant after Powell's deportation, shared both Douglas's economic theories and his antisemitism . Under his influence, the Social Credit Board began to propagate anti-Jewish conspiracy theories , including those espoused by the Russian forgery The Protocols of

11248-407: The Social Credit-dominated legislature, Lieutenant-Governor of Alberta John C. Bowen reserved royal assent until the Supreme Court of Canada evaluated the act's legality. In 1938's Reference re Alberta Statutes , the court found that it was unconstitutional, and it never became law. William Aberhart 's Social Credit League , running candidates for the first time, won a large majority in

11396-560: The United Kingdom and Japan. Imperial interests were also recognized in the disallowance of the Ontario Chartered Accountants Act which the British Colonial Office petitioned as it prevented English Institute of Chartered Accountants from using a title they had under British law. Provincial acts which were considered ultra vires that were seen to not cause considerable harm were not disallowed, and left to

11544-500: The United Kingdom was not capable of utilizing disallowance without the approval of the Canadian federal cabinet. Section 56 : Where the Governor General assents to a Bill in the Queen's Name, he shall by the first convenient Opportunity send an authentic Copy of the Act to One of Her Majesty's Principal Secretaries of State, and if the Queen in Council within Two Years after Receipt thereof by

11692-455: The act to be disallowed due to the confusion it would cause and the "grave danger to life and property", a request which Gouin weighed against options to call a special session of the Legislature or refer to the courts. However, Gouin decided that disallowance "best met the needs of the case." La Forest describes the final stage for the use of disallowance and reservation to coincide with Ernest Lapointe serving as minister of justice. Lapointe

11840-577: The act. Macdonald relented to requests to evaluate the Chinese immigration and appointed the Royal Commission on Chinese Immigration in 1885, which recommended a head tax on Chinese immigrants . The government of British Columbia did not see the recommendations of the Royal Commission as sufficient, and passed legislation duplicating the previous act limiting Chinese immigration to the province, which

11988-548: The advice of provincial cabinet. However, these standards do not appear to have been forwarded to lieutenant governors until 1887. The new instructions reiterated that lieutenant governors authority for reservation was to be exercised as Dominion officers accountable to the governor general, not provincial cabinet, and further outlined a policy where the federal government preferred to deal with provincial acts through disallowance if necessary, not reservation. The practice of lieutenant governors reserving bills without instruction from

12136-448: The autonomy of provinces, the desire not to embarrass the legislatures, and the difficulty in understanding the facts and reasons behind the passage of the legislation. Through the Borden years only one statute was disallowed, the 1917 British Columbia amendment to the Vancouver Island Settler's Rights Act, 1904 on the grounds that the act constituted an invasion of property rights granted by

12284-464: The basis that it was unjust. During this period, the government of British Columbia passed two acts restricting immigration of Chinese individuals to the province, and permitting the arrest of new immigrants without a warrant , the acts both titled An Act to prevent the Immigration of Chinese were disallowed. The British Columbia government had previously lobbied the federal government to require

12432-450: The circumstances disallowance might properly be used. In his report on Ontario's 1935 The Power Commission Act , which ultimately was not disallowed, Lapointe noted that the then "modern view" of disallowance is incompatible with it being used on provincial legislation which is ultra vires , with the only valid reasons for disallowance being interference with Dominion policy. Lapointe made statements in Parliament echoing his belief, evoking

12580-486: The commission and subsequently passed by the legislature included the Credit of Alberta Regulation Act , which required every bank and all their employees to be licensed by the provincial government and to be overseen by a Social Credit Board-appointed directorate, the Bank Employees Civil Rights Act , which prohibited unlicensed banks and their employees from initiating legal proceedings, and amendments to

12728-490: The concept of British control over provincial legislatures was largely forgotten, and the power of reservation was not used by the government of the United Kingdom again. In 1931, the Statute of Westminster removed the power of the Parliament of the United Kingdom to create laws that impacted the dominions, unless the dominion specifically asked for it. This Statute effectively eliminated the obligation for certain laws created by

12876-426: The concept of British control over provincial legislatures was largely forgotten, and the power of reservation was not used by the government of the United Kingdom again. Albert notes that the additional autonomy provided to Canada made it the most independent British colony, and shortly later in 1878, Parliament passed legislation regarding divorce, a previously forbidden topic without repercussions. As early as 1873,

13024-587: The constitutionality of any Alberta law in court without receiving the approval of the Lieutenant-Governor in Council , was disallowed by the federal government. The second round included the Accurate News and Information Act . The act empowered the chair of the Social Credit Board to require a newspaper to reveal the names and addresses of its sources, as well as the names and addresses of any writers, including of unsigned pieces. Non-compliance would result in fines of up to $ 1,000 per day, and prohibitions on

13172-464: The creek without the permission of the first company. The act gave the right to individuals to flow logs down rivers, creeks, and streams, and allowed those who made improvements along a river to receive a toll set by the lieutenant governor from others floating logs down a river. The report on disallowance cited removal property rights from individuals down river who would be forced to become "toll-keeper against his will", which amounted to taking away

13320-599: The criteria in the Order in Council. Macdonald's Order in Council also recommended that the minister of justice communicate with the province of an offending act to seek a solution before utilizing the power of disallowance. La Forest notes that despite a report stating that a provincial act was considered by the minister of justice to be not objectionable, there were instances where those acts were disallowed. While minister of justice, Macdonald actively drafted these legislative reports with his deputy minister Hewitt Bernard , however

13468-448: The dire conditions that had sparked Albertans' enthusiasm for radical economic reform had vanished, and with it their interest in social credit. While the Social Crediters remained in government until 1971, the revolutionary spirit of the 1930s was all but forgotten: as Athabasca University historian Alvin Finkel notes, post-war Social Credit "had been transformed from a mass, eclectic movement for social reform led by monetary reformers to

13616-433: The disallowance. Since Canadian Confederation in 1867, 112 provincial acts have been disallowed by the government of Canada, with the last occurrence in 1943 invalidating Alberta's legislation restricting land sales to Hutterites and other " enemy aliens ". The process for reservation of a provincial act by the lieutenant governor begins following the bill passing third reading in the legislature and being forwarded to

13764-401: The election, the Herald began to run cartoons by Stewart Cameron , a virulently anti-Aberhart cartoonist. The day before the election, it ran one featuring a car, labelled "the people", travelling along "Aberhart Highway No. 1" and arriving at a railway crossing. A train, labelled "common sense", was approaching from around the bend, along tracks labelled "fundamental facts". Aberhart leans out

13912-510: The end of Laurier's Liberal government as the Conservative Party under Robert Borden formed the government. Charles Doherty , a critic of Laurier's approach to disallowance was appointed minister of justice. Doherty strongly believed that the governor general should disallow an act on the grounds it is unjust, interferes with vested rights, or the obligations of a contract. Doherty described his view that disallowance "be properly invoked for

14060-531: The federal Parliament or the provincial legislatures. In Canada, Parliament is composed of two legislative chambers , the elected House of Commons and the appointed Senate , and together with the Governor General acting as the representative of the Crown. In provinces, the legislature is composed of one chamber , an elected group of representatives, overseen by the Lieutenant Governor appointed by

14208-405: The federal government under Macdonald advised lieutenant governors not to reserve bills which were firmly within the provincial powers to legislate, but were advised to reserve bills if the act conflicted with Dominion policy, imperial policy, or were ultra vires . This policy continued with successive ministers of justice. Despite this policy, lieutenant governors continued to reserve bills within

14356-619: The federal government's disallowance of the Social Credit Board's earlier legislation, reserved royal assent of the act and its companions until their legality could be tested at the Supreme Court of Canada . This was the first use of the power of reservation in Alberta history, and in the summer of 1938 Aberhart's government announced the elimination of Bowen's official residence , his government car, and his secretarial staff. Aberhart biographers David Elliott and Iris Miller and Ernest Manning biographer Brian Brennan attribute this move to revenge for Bowen's reservation of assent. Bowen put

14504-499: The first few years of Confederation , was considered a means of ensuring parliament enacted legislation compliant with the constitution. Since Confederation in 1867, the Government of the United Kingdom has only disallowed one federal law, while the government of Canada has disallowed 112 provincial laws, with the most recent instance occurring in 1943 when Alberta's law that limited land sales to Hutterites and other " enemy aliens "

14652-566: The fledgling provincial government of Manitoba between 1882 and 1887. the Manitoba government under Premier John Norquay felt that high freight rates were caused by the Canadian Pacific Railway 's monopoly, and sought to construct railways connected to the United States border. However, the Macdonald government had previously provided a monopoly to the Canadian Pacific Railway, not permitting any east–west line to be built south of

14800-425: The governing party of Parliament or prime minister. The first period of disallowance and reservation was the period immediately following Confederation of Canada under Prime Ministers John A. Macdonald and Alexander Mackenzie from 1867 until 1881. During this period many of the invalid provincial acts were those which encroached on federal constitutional responsibilities. The second most common grounds where there

14948-428: The governor general continued, and was often met with the governor general reiterating this policy back to the lieutenant governor. La Forest notes that fewer bills were reserved after 1882, and those that were reserved did not receive assent from the governor general. Instead, the federal government referred the bills back to the respective legislature to be passed again. The Liberal victory under Wilfrid Laurier in

15096-575: The governor general or the governor general in council (e.g., federal cabinet). However, the opinion that the authority rests with the governor general in council was affirmed by Earl Granville , Secretary of State for the Colonies in 1869, and later again affirmed in 1879 by Justice Jean-Thomas Taschereau in Lenoir v. Ritchie , and once again by the Supreme Court in the 1938 Reference re Disallowance and Reservation . The process for disallowance of an act of

15244-531: The governor general was formally instructed in certain circumstances to reserve a bill for the sovereign's consideration, or may do so under their own discretion. That is, the governor-general would neither assent nor refuse assent to the bill, but would instead refer it to the secretary of state for the colonies in the United Kingdom for consideration by the Privy Council ; assent, if then given, would be by

15392-720: The governor general, much to the disappointment of the Liberal members and Edward Blake who moved the resolution. Macdonald allowed the Common Schools Act to stand, and was subsequently affirmed in its validity by the Judicial Committee of the Privy Council decision in Maher v Town Council of Portland . The first session of the 1st Canadian Parliament saw two bills passed by Parliament on May 22, 1868, and subsequently reserved by Governor General Charles Monck . An Act to fix

15540-487: The implementation of social credit in Alberta. The chair of the Social Credit Board was Glenville MacLachlan ; he and three other members had been insurgents during the revolt, while the fifth member, Floyd Baker , had remained loyal to Aberhart. The Social Credit Board was tasked with the appointment of a Social Credit commission, composed of experts on social credit, to advise on the implementation of social credit in Alberta. Most Social Crediters hoped that C. H. Douglas,

15688-399: The individual who petitioned for disallowance was a known political friend of Macdonald. The Conservative government was unsuccessful at arguing that this disallowance aligned with previous decisions, and Conservative Dalton McCarthy conceded in Parliament that the disallowance was based on a new principle. Macdonald defended the decision on the concept of protecting property rights and it

15836-463: The issues discussed at the conference was the removal of the federal power of disallowance, to which Quebec Premier Honoré Mercier spoke to as an unnecessary power and that issues of constitutionality of laws "falls naturally within the jurisdiction of the courts". Manitoba Premier Norquay, frustrated by repeated disallowance of railway charters, also challenged the federal powers. The 1887 conference passed two resolutions, one calling for amendments to

15984-509: The legislation. The Constitution Act does not provide a specified period of time for the lieutenant governor to forward a copy of each provincial act to the federal government. Instructions were first provided in 1892 which gave the lieutenant governor ten days after royal assent to forward the act to the Secretary of State for Canada . These federal timelines were often not followed, and lieutenant governors generally preferred to transmitting all

16132-488: The legislature and courts. The British Columbia Legislature began introducing legislation prohibiting immigration from Asia in the period of 1900–1908. British Columbia had seen a large reduction in Asian immigration between the late 1880s and early 1890s which resulted in a period with less effort to restrict immigration, however increased immigration in 1899 and 1900 revitalized the call for restrictive immigration legislation in

16280-896: The legislature on October 4, 1937, during a marathon session which lasted until 12:30 the next morning. The 1937 Social Credit backbenchers' revolt had forced Aberhart to abdicate a portion of his power to the newly created Social Credit Board , which consisted of five Social Credit backbenchers charged with supervising a commission of experts. While the initial plan was to have this commission headed by C. H. Douglas , social credit's British founder, Douglas did not like Aberhart and did not view his approach to social credit as consistent with its true form. He refused to come. Instead, he sent two subordinates, L. D. Byrne and G. F. Powell. These surrogates were charged with recommending legislation to implement social credit in Alberta. Their first round of proposals, which included measures imposing government control on banks and prohibiting any person from challenging

16428-409: The lieutenant governor for royal assent. The lieutenant governor has three options: they may grant royal assent, withhold royal assent on the instructions of the governor general in council, or reserve the bill for approval by the governor general. A bill that is reserved by the lieutenant governor does not become law unless it is granted royal assent within one year of passage. The lieutenant governor

16576-504: The local legislatures authority to govern in constitutional areas, but urged expediency in use of disallowance where legislatures acted in federal constitutional areas where "great confusion and hardship" could come to the public. The period of 1911–1924 coincided again with a reduction in use of the powers of disallowance by the federal government, with Borden's Conservatives disallowing one act, and King's Liberal government disallowing five acts. The 1911 Canadian federal election marked

16724-459: The matter to be resolved in the legislature or courts. Despite this supportive view of federalism, the Laurier government had no hesitancy on using disallowance in circumstances where an act conflicted with Dominion policy. The Laurier government disallowed laws passed by the British Columbia Legislature which adversely affected immigrants from Asia, as they conflicted with Dominion policy, but also could effect imperial interests and relations between

16872-470: The media's hostility. In a September 20, 1937, radio broadcast, he said of the press "these creatures with mental hydrophobia will be taken in hand and their biting and barking will cease." Four days later, a special session of the Legislative Assembly of Alberta opened, with the Accurate News and Information Act figuring prominently on its order paper . The bill would be introduced October 1, 1937 by Solon Earl Low and three days later would be passed by

17020-409: The new Immigration Act on his accord, and the federal government refused to recommend royal assent. Dunsmuir reasoned that the bill was similar to the previously disallowed acts, and the bill could interfere with federal interests and international relations. Members of the public rallied against Dunsmuir who previously employed a large number of immigrants from Asia in his coal mines, and his effigy

17168-410: The powers of disallowance and reservation. Macdonald's Order in Council outlined four reasons disallowance would be considered by the department of justice for a provincial act: the act as a whole is illegal or unconstitutional; the act is illegal or unconstitutional in part; in areas of shared federal-provincial jurisdiction the act clashes with an Act of Parliament; or the act affects the interests of

17316-403: The province with the receipt for the day the provincial act was received by the Governor General. In accordance with Sections 56 and 90 of the Constitution Act , the lieutenant governor must advise the legislature of the disallowance, either by speech, message, or proclamation . The act is officially annulled and no longer a valid law on the day the lieutenant governor advised the legislature of

17464-529: The province. The British government had foreseen the risk of anti-Asian immigration laws damaging imperial relations and trade, and during the 1897 Colonial Conference Secretary of State for the Colonies Joseph Chamberlain expressed concern over the possibility of restrictive legislation in British Columbia. In August 1900, Japan announced voluntary restrictions on emigration to Canada, and

17612-640: The provincial constitutional domain and at times the governor general would have to provide royal assent. However, one instance where Macdonald did not recommend for royal assent was a reserved Ontario bill incorporating the Orange Order . Macdonald thought the bill was a political trap by Ontario premier and rival Oliver Mowat , that would either alienate his support with Catholics in Quebec or Protestants in Ontario. Instead of recommending royal assent, Macdonald recommended

17760-505: The publishing of the offending newspaper, of stories by offending writers, or of information emanating from offending sources. The act also required newspapers to print, at the instruction of the chair of the Social Credit Board, any statement "which has for its object the correction or amplification of any statement relating to any policy or activity of the Government of the Province." The act

17908-400: The purpose of preventing, not inconsistently with the public interest, irreparable injustice or undue interference with private rights or property through the operation of local statutes intra vires of the legislatures." Despite Doherty's broad view of the application of disallowance, he remained reluctant to recommend use of disallowance. Doherty acknowledged he was limited by federalism and

18056-427: The question of whether the governor general or the government of the United Kingdom would consider a provincial bills reserved by a lieutenant governor due to inconsistency with Royal instructions. Macdonald consulted Lord Granville, who advised that matters of imperial interest were the purview of the government of the United Kingdom, and the governor general could not provide royal assent to those bills, and this advice

18204-461: The replacement system of government-run public schools called Common Schools. A majority of the House of Commons attempted to pass a resolution to disallow the act, while Macdonald's Cabinet did not intend to use disallowance. Macdonald viewed the legislation as within the exclusive jurisdiction of the provincial legislature under Section 93 of the British North America Act , Macdonald also viewed

18352-442: The report issued by justice minister James McDonald was actually authored by John A. Macdonald, as McDonald ceased his role as justice minister only a few days after its publication. The Ontario act was based on a disagreement between two logging firms, one of which owned by prominent Conservative Peter McLaren had built dams and other infrastructure on creeks to make it easier to float logs down , and another company sought to use

18500-425: The statutes of a legislative session together. In 1950, the federal government amended the requirements for transmission of provincial act to allow the lieutenant governor to send copies at the adjournment of the legislature . Disallowance of an act of a provincial legislature by the Governor General in Council is facilitated through an Order in Council . The Order in Council is sent to the lieutenant governor of

18648-599: The stormy relationship between Aberhart and the press, dating to before the 1935 election , in which the Social Credit League was elected to government. Virtually all of Alberta's newspapers—especially the Calgary Herald —were critical of Social Credit, as were a number of publications from elsewhere in Canada. Even the American media had greeted Aberhart's election with derision. Though the act won easy passage through

18796-478: The successive disallowances by Macdonald for the Manitoba railway charters hampered what should have been an alliance between Conservatives Macdonald and Norquay. Norquay subsequently lost the confidence of his party and resigned in 1887, and the Manitoba Liberal Party under Thomas Greenway took power in the 1888 election . Soon afterward, the Canadian Pacific Railway monopoly was removed in exchange for

18944-580: The successor Liberal minister of justice Antoine-Aimé Dorion authored his own reports. Dorion's successor Télesphore Fournier had Bernard draft the reports and merely wrote that he concurred on the report. The first act to be disallowed by the Macdonald government was An Act to empower the Police Court in the City of Halifax to sentence Juvenile Offenders to the Halifax Industrial School passed by

19092-444: The understanding the acts would be disallowed by the federal government; the reasoning by the provincial government was as protest to Ottawa, and to publicly display that immigrants from Asia were not welcome in British Columbia. Imperial interest in disallowance grew with the 1902 Anglo-Japanese Alliance . The British Columbia Legislature was also emboldened with the federal cabinet's slow response to disallow legislation, where during

19240-627: The validity of laws which exceeded the provincial governments constitutional authority to govern. There were no acts disallowed by the Conservative government of Prime Minister Arthur Meighen in place for three months in 1926 following his appointment after the King–Byng affair . The Conservative government of R. B. Bennett from 1930 to 1935 did not disallow any legislation during their term. La Forest notes that justice minister Hugh Guthrie 's reports on questions of disallowance were so brief that it

19388-492: The view that acts within the provincial constitutional jurisdiction should not be disallowed unless they conflicted with Dominion policy. In his report for Alberta's 1924 An Act to impose a Tax upon Minerals , Lapointe was careful to note that while the act constituted an injustice for the group that petitioned for its disallowance, the reason for recommending disallowance was only because it impeded on federal constitutional jurisdiction. Lapointe continued to allow courts to decide

19536-571: The views previously held from Confederation to 1923. Gouin also reviewed a 1921 act of the British Columbia Legislature on the petition of the Japanese Counsel General. The federal Cabinet referred the act to the Supreme Court, which found it was unconstitutional. Gouin subsequently recommended the disallowance of the act which occurred shortly afterwards. In a unique case, the Nova Scotia government petitioned Gouin to disallow two acts,

19684-450: Was appointed minister of justice three times, holding the role for over 10 years, with interludes for the Meighen and Bennett governments. With Lapointe, the practice for the minister of justice providing a comprehensive report provincial acts to be considered for disallowance ended, being replaced with a short special report on those which may be considered for disallowance. Lapointe continued

19832-574: Was attacked by opposition politicians as evidence of the government's supposed fascism, and alienated even the Albertan . The international press was also cutting: one British paper referred to Aberhart as "a little Hitler". Later commentators have been no more favourable: Finkel calls the act evidence of the "increasingly authoritarian nature of the Aberhart regime", and even Barr, generally sympathetic to Social Credit, calls it "a harsh blow to free speech". Lieutenant-Governor John C. Bowen , mindful of

19980-512: Was burned in the 1907 Anti-Oriental Riots in Vancouver . The final attempt by the British Columbia Legislature to regulate immigration from Asia came in 1908, which was made largely inoperable by two court challenges and eventually disallowed by the Laurier cabinet. In 1911, nearing the end of his period as Prime Minister, Laurier updated the principles for the use of disallowance. Laurier's instructions cautioned "great care" in use and respect for

20128-584: Was disallowed. The Oaths Act, 1873 was passed in the aftermath of the Pacific Scandal and would have permitted parliamentary committees to examine witnesses under oath , which was not permissible under the British North America Act . Recognizing the importance of this issue, the British North America Act was subsequently amended by the Parliament of the United Kingdom with the Parliament of Canada Act, 1875 which amended Section 18 of

20276-411: Was formalized in a July 1869 Order in Council directing lieutenant governors to follow Royal instructions and reserve bills which did not align with those instructions. Royal instructions were related to legislation governing eight subjects: authorizing divorce, conferring anything of value to the governor general, creating a new legal tender, committing Canada to an international treaty inconsistent with

20424-549: Was further strengthened first by the Letters Patent, 1947 , which eliminated the Governor General's obligation to send official copies of laws to the government of the United Kingdom; and secondly by the repeal of The Publication of Statutes Act shortly afterwards. Between 1867 and 1878, twenty-one federal bills were reserved, six of which were denied Royal Assent by the government of the United Kingdom, and no bills have been reserved since. The 1887 Colonial Conference passed

20572-530: Was his opinion that the laws were constitutional. Bowen provided royal assent, but all three acts were subsequently disallowed by the federal government. In 1937's Bankers' Toadies incident , Powell (along with Social Credit whip Joe Unwin ) was convicted of criminal libel , sentenced to six months hard labour, and deported to the United Kingdom. The charges stemmed from a pamphlet listing nine men as "bankers' toadies" and advocating their "extermination". The Social Credit Board's second round of bills included

20720-523: Was invalidated. The power of reservation has been exercised 21 times by the governor general, all before 1878, and 70 times by various lieutenant governors, with the most recent case in Saskatchewan in 1961 when the lieutenant governor reserved assent on a bill related to mining contracts. Canada is a federation with eleven components: the national Government of Canada and ten provincial governments . These eleven governments derive their authority from

20868-487: Was made to sound more draconian than it actually was. The conservative views of the owners and editors often interfered with the objective presentation of news reports, although perhaps not to the extent that the government claimed. In many cases, the papers simply concentrated on the very real chaos and confusion in government ranks and required few embellishments to make the government look bad. The Herald lured Stewart Cameron away from working on Disney 's Snow White and

21016-407: Was nominally a gospel program to promote stock sales. The plan came to naught, as most Social Credit supporters were too poor to buy newspaper stock, and the only interested buyers were beneficiaries of government patronage, chiefly liquor interests. Even so, the Albertan became the official organ of Social Credit, an editorial decision that doubled its circulation. Aberhart reacted bitterly to

21164-432: Was subsequently disallowed by the federal government. Another common theme for disallowance during the period of 1881–1896 was provincial acts that conflicted with Dominion policy, most of which were outside of the powers of the provincial legislatures. Nearly half of the 38 acts disallowed during this period were because the acts interfered with Dominion railway policy . Macdonald disallowed 13 railway charters issued by

21312-486: Was successful to the extent that it drove at least one newspaper out of business. The Herald responded to the boycott by asking "Is everyone opposed to the political opinions and plans of Mr. Aberhart to be boycotted? He has invoked a most dangerous precedent and has given the people of this province a foretaste of the Hitlerism which will prevail if he ever secures control of the provincial administration." Shortly before

21460-475: Was taken on the first resolution, but Parliament led by a motion by Edward Blake moved to permit the governor general to provide the option to refer these matters to the court for an opinion in 1890, however, without the right of an appeal. Macdonald's government changed its view on reservation, and in November 1882 created a new standard for reservation to prevent situations of reservation by lieutenant governors on

21608-454: Was telling the listeners of his weekly gospel radio show that he was "glad there will be no newspapers in heaven." To help combat the negative press, Aberhart resolved to gain control of the Albertan , the one paper of note to show him any support. He formed a company that acquired an option to purchase it, and used his radio program to promote the purchase of shares by Social Credit supporters. The other newspapers criticized him for using what

21756-564: Was to be appropriated by the government. Manning, benignly neglectful of the Social Credit Board to this point, took this as "a direct challenge to his leadership, a shot across the bow". He quickly introduced a resolution in the legislature to "condemn, repudiate, and completely dissociate" the legislature from "any statements or publications which are incompatible with the established British ideals of democratic freedom, or which endorse, excuse, or incite anti-Semitism or racial or religious intolerance in any form". In November 1947 he announced that

21904-485: Was within the general interest of the Dominion to maintain those rights to ensure continued certainty in investment. The Ontario Legislature protested the disallowance and passed the same Act three more times, all of which were disallowed, and finally the fourth attempt in 1884 which was not disallowed and continued as law. The issue was settled in the landmark case McLaren v Caldwell by the Judicial Committee of

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