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Jul 4, 2019 · The Peace, Order and Good Government clause is popularly known as ‘POGG’. POGG powers have since evolved to three branches of power that justify the use of the POGG clause: Emergency: “the temporary and extraordinary need for national regulation of a particular subject matter”; Residual/Gap: “the power to make laws on matters that are ...
Jul 2, 2020 · The recent COVID-19 pandemic has sparked some commentary about whether the federal government should use the POGG Emergency Power. Block and Goldenberg look at all of the bases upon which the federal government could rely on POGG to justify emergency legislation during the COVID-19 pandemic. Thus far, the federal government has been working ...
- Linda Mckay-Panos
The language of the POGG clause makes it clear that “any matter which does not come within a provincial head of power must be within the power of the federal Parliament.” The distribution of powers is thus exhaustive. However, new, or unrecognized matters to the Constitution do not default to federal authority.
Peace, order, and good government. In many Commonwealth jurisdictions, the phrase " peace, order, and good government " (POGG) is an expression used in law to express the legitimate objects of legislative powers conferred by statute. [1] The phrase appears in many Imperial Acts of Parliament and Letters Patent, most notably the constitutions of ...
- Background
- Confederation
- Distribution of Powers
- Interpretation
- Residual Branch
- Emergency Branch
- National Concern Branch
- Federal Paramountcy Branch
- Significance
The phrase “peace, order and good government” was used in a British colonial context to give local governments the power to make laws. The New Zealand Constitution Act of 1852, the Commonwealth of Australia Constitution Act of 1900, the South Africa Act of 1909 and the Government of Ireland Act of 1920 all use the phrase. In Canada, variants such a...
Following years of consultation and deliberation, the Constitution Act, 1867 was approved by the British Parliament in 1867. The Act merged the Province of Canada (present-day Ontario and Quebec), New Brunswick and Nova Scotia into a federal Dominion within the British Commonwealth. The new country was to be run by the Government of Canada with lim...
Sections 91 through 95 make up Part VI of the Constitution Act, 1867. Part VI details the distribution of powers between the federal government and the provinces. The Fathers of Confederation intended to create a system in which jurisdiction over national affairs fell to the federal government. Local affairs would be the responsibility of provincia...
The broad scope of the phrase “peace, order and good government” can be interpreted to mean that the federal government should have authority over any matters not immediately pertaining to the provinces. In practice, federal authority has been interpreted by the courtsas related to four areas: residual; emergency; national concern; and federal para...
The residual branch pertains to any matter not described in sections 91 and 92. This branch is rarely used. Matters not in existence at the time of Confederation were not typically the jurisdiction of the federal government. However, the Supreme Court of Canada affirmed the federal government’s authority over aeronautics in 1952, in Johannesson v. ...
In exceptional circumstances, the federal government may invoke a state of emergency. (See also Emergency Preparedness.) This grants Parliamentspecial powers. These powers allow the federal government to infringe on provincial jurisdiction when the country is facing an existential crisis. Such emergency powers are only to last as long as the emerge...
Under the national concern branch, the federal government can pass legislation on matters described in section 92 when those matters affect the principle of “peace, order and good government.” In 1896 and 1946, two cases related to the prohibition of alcohol provided examples of local matters concerning the federal government. In 1988, the Supreme ...
If there are overlapping federal and provincial laws, the legislation passed by the federal Parliament takes precedence. Historically, this has meant that in the case of conflict or overlap, federal laws were used. However, in November 2015, the Supreme Courtheld that federal paramountcy should only apply if federal and provincial legislation direc...
The phrase “peace, order and good government” has become key to mediating the distribution of powers between federal and provincial governments. Canada was initially intended to have a strong, centralized government. (See Federalism.) Over the course of the 20th century, legal interpretations of “peace, order and good government” more clearly defin...
Jul 6, 2020 · The Emergency Branch of POGG was recognized in 1923 by the Privy Council in Fort Francis Pulp & Power Co v Manitoba Free Press Co., [1923] AC 965. This power contemplates "highly exceptional" or "abnormal" circumstances that require the federal government to assert jurisdiction as needed to address an emergency.
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could rely on the “national concern” branch of its residual POGG power in support of a relatively intricate regulatory regime that does not fall comfortably under any of the federal government’s enumerated heads of power (as set out in sections 91 and 92(10) of the Constitution Act, 1867). The Reference also provided the Supreme Court ...
