THE CANADIAN CONSTITUTION.

Hawke's Bay Herald-Tribune, Issue 78, 19 April 1937, Page 6

THE CANADIAN CONSTITUTION.

It wqiild seew as if the Roosevelt New Deal in the United States had ruii up ajgainst yet another constitutional snag. While the news is still warm of a Supreme Court decision estahlishing the validity of oue of its labour measures we have word that the Federal Circuit Court of Appeals has declared its Social Security Aet, providing'schenxes for unemployment insurance and old-age pensions, goes beyond tbe poAvers of the Federal Congress. However, iu. such matters this Court of Appeals has not the final say, that lying with the Supreme Court. It is more than likely, therefore, that we sliall yet hear of this case also being carried to the latter tribunal, from whose judgment no appeal will lie. The many difficulties arising from a written Constitution that are besetting the Roosevelt Administration in the Big Bepublic remind us that the Federail Government of the Big Dominion is being faced with something of the same troubles. There it has been found that measures passed by the Federal Legislature trespass upon the rights of the constituent Provinces. In Canada's case the Constitution was created by the British North America Act passed by the Imperial Parliament just seventy years ago, and for its interpretation the final recourse is to the Judicial Gommitee of the British Privy Council. During the latter part of its term of office the Bennett Government, as did the Roosevelt Government in the United States, sueceeded in passing through the Federal Legislature a series of New Deal measures. As was the case in the United States, ihese were attacked as infringing upon the functions of the provincial legislatures. The Privy Council has upheld this contention, thus rendering the Federal legis^ lation virtually inoperative. Latterly, the Mackenzie King Government has sought to pass through the Dominion Parliament a Bill designed for setting up a board for the coordination and regulation of transport services throughout the Dominion, much as the Commonwealth Government sought to control aviation services throughout Australia. This measure, however, met with such keen opposition from those professiug to safeguard the rights of the Provinces that it was thrown out.. The irony oi the situation thus created Iies in the facfc that the Opposition in this case used the same arguments that Mr„ Mackenzie King had ardvaneed when opposing the Bennett Government 's measures. Whether, had the Transport Bill been passed, the Privy Council would have upheld them cannot, oi course, be said. The result, however, is much the same, inasmuch as the Federal Government 's policy has been frustrated by an appeal to the terms oi the written tionIt ma-y, however, be said in explanation of Mr. Mackenzie King's opposition to the Bennett Bills tliat it was declajredly advanced with a view to bringing the question of cdnflict between the authority of the Federal Legislature and tbose of the Provincial Legislatures to a head. His purpose had mainly been to cause. a "show-down" as to exactly whete the Constitution stands in such matters, with a view of ultimately bringing about some amendment in it should such prove to be necessary in order to deal with many of the outstanding problems of the day. The need of some' such reform is now made apparent iit that the Constitution as rt stands and is interpreted by tlie Privy Council precludes the possibility of carrying through effective sociait and industrial reforms of a nationai charaeter such as have long been in foree in other parts of the Empire. In these respeets Canada, no doubt lairgely on aceount of lier close association with the United States, has lagged far behind and has only within the last few years wakened up to the imperative need for mending her ways. But now that she would move ha this direction her Government finds its hands txed by the terms of a Constitution framed when no such grave questxons as are now at issue could possibly have been in contemplation. As one Canadian Senator put it, "the Fathers of the Constitution may have ruled wisely in 1867, but they were not wise enough to be competent to rule from their graves in 1937/' The recent spread of labour troubles from the United States into the neighbouring Dominion is likely to help in bringing matters to a climax, and doubtless ere very long we shall hear of definite steps being taken foT removing obsolete constitutional shaekles from the hands of Canada's Federal legislators.