1941 Dominion Provincial Conference

122

Upload
pdi-ceo-thane-heins-4199-connections
Category

Law
view
105
download
7

Embed Size (px):

description

During the 1941 Dominion Provincial Conference Prime Minister Mackenzie King was requesting that the Provincial Legislatures grant permission to the Federal Government to amend the Constitution of Canada in order to allow a perpetual “Delegation of Powers” between the Federal and Provincial Governments which was illegal otherwise. “The crux of the problem which faced the commission and which faces this conference is, of course the financial relationship between the federal and provincial governments... It has been said that the constitutional provision which empowers the federal parliament to raise money by 'any mode or system of taxation' being unlimited… That is of course true, and that is in fact what was done in the last war... The recommendation of the report concerned a provision for the delegation of powers by the dominion to the provinces and vice versa.” Prime Minister W. L. Mackenzie King DOMINION PROVINCIAL CONFERENCE January 14, 1941 The Truth is in fact that: 1) Constitutional provisions do NOT empower the federal parliament to “raise money by 'any mode or system of taxation.'” 2) NOR is it “unlimited.” 3) And any “delegation of powers by the dominion to the provinces and vice versa” was completely illegal and of no force or efect. Canada would have to wait until 1950 for the statements above to be proven to be false by the Supreme Court of Canada. The provinces would have to wait until 1962 to have their Exclusive tax collection rights returned to them. Canadians would have to endure federal government criminal contempt of court extortion, public fraud and economic crime until 2014... “NO power of delegation is expressed either in Section 91 or in section 92, nor, indeed, is there to be found the power of accepting delegation from one body to the other; and I have no doubt that if it had been the intention to give such powers it would have been expressed in clear and unequivocal language..." “Under the scheme of The British North America Act there were to be, in the words of Lord Atkin, "water tight compartments which are an essential part of the original structure..." “Neither legislative bodies, federal or provincial possess any portion of the powers respectfully vested in the other and they cannot receive it by delegation.” “In that connection the word "exclusively" used in both section 92 and in section 92 indicates a settled line of demarcation and it does not belong to either Parliament, or the Legislatures, to confer powers upon the other." The Chief Justice C.J. Rinfret Supreme Court of Canada1950 Supreme Court of Canada Ruling