Evening star., 1935-11-17

"ORONTO-"New Deal" legisla-
ton enacted by the recent
Bennett government will be
u tested thoroughly for constitu-
tional flaws by the new administra-
ton Of Prime Minister Mackenzie
King before being put into operation.
Premiers of all the provinces and
their colleagues will discuss the re-
form measures this month at a con-
ference with the cabinet in Ottawa,
and decide if the provinces will i'm
plement them as being within Domin-
ion jurisdiction under the British
North America act, Canadas con-
stitutional keystone.
Since the provincial governments,
except social credit Alberta. are Of the
same liberal political complexion as
the federal government. they un-
doubtedly would support any eco
nomic and social reforms advanced by
Ottawa, but Mr. King and his minis
ters wish to straighten out some Of the
anomalies in Canada's governmental
structure with view to moderniz-
ing it.
Supreme Court Approached.
The cabinet will be guided in its
constitutional revisions by opinions
expressed at the Ottawa conference
and by findings of the Supreme Court
of Canada, to which reference has
been directed on the eight-hour day,
minimum wages, unemployment in
surance, day Of rest, federal market
ing and other measures arising out Of
the parliamentary investigation Of
business practices.
Before setting the reference down
for hearing, the court must notify
provincial governments and employers
and employees in industries affected
under the employment and social in
surance act This is the first refer
ence ever made on statutes which have
become law and to which objection
has not been taken by an interested
party. At present the Supreme Court
has before it q reference as to whether
Eskimos are Indians. If they are, the
Dominion government is responsible
for their welfare. II not, the prov
inces are responsible.
Other References.
Other recent references regarding
federal and provincial powers have
concerned radio, aviation, water
power and insurance. The court up
held the federal authority over radio
and aviation, refused definite
answer concerning ownership of
water power in navigable waters and
upheld provincial control over insur-
ance. The questions now before 1t
differ in pertaining to the validity Of
a law rather than to the interpreta-
ton of law.
Under the British North America
act, which was drafted nearly 70 years
ago as the framework of union be-
tween the four provinces then exist
ing, federal and provincial powers
are divided, but its trainers did not
vision a day when the state would
become a second father to all its
citizens, with added responsibilities.
Provinces May Fill Gap.
If the court finds that the Bennett
new deal" laws are beyond federal
competence under the British North
America act, the provinces may turn
over some of their powers to Ottawa,
or they may agree to enact uniform
legislation to supplement federal
statutes.
Liberals questioned the validity OF
the social legislation in Parliament,
and Mr.. King and his cabinet want
to make sure of their ground before
putting the laws into effect, even
though they have given them favor
able support. Ernest Lapointe, min
lister of justice, thinks the work week
should be shorter than 48 hours, but
his personal views must not weigh
against the possible unconstitution-
atty of the present statutes. Mr..
King holds that assertion Of jurisdic-
ton by Parliament does not confer
Jurisdiction, and since his day as min
lister Of labor has been Q strong advo-
rata of innroved la2,or conditions with